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10 U.S.C. § 1580 — Emergency essential employees: designation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for Designation.—** The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:
(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.
(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.
(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.
**(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—** A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).
**(c) Definitions.—** In this section:
(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in [section 1587(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1587/a/1&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_919c23ac3564d3d1f3b125ae
Source file: Laws/federal/codes/united-states-code/title-10/section-1580-emergency-essential-employees-designation--a4696202d1.md
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Source location: Title 10, Chapter 81, § 1580; chapter-081-civilian-employees.md
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**(a) Criteria for Designation.—** The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:
(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.
(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.
(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.
**(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—** A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).
**(c) Definitions.—** In this section:
(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in [section 1587(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1587/a/1&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose.—** The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce—
(1) in which excellence and contribution to mission is rewarded;
(2) which has the technical expertise and business skills to ensure the Department receives the best value for the expenditure of public resources;
(3) which serves as a model for performance management of employees of the Department; and
(4) which is managed in a manner that complements and reinforces the management of the defense acquisition system pursuant to chapter 205 of this title.
**(b) Performance Management.—** In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall—
(1) use the full authorities provided in subsections (a) through (d) of [section 9902 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902&num=0&edition=prelim), including flexibilities related to performance management and hiring and to training of managers;
(2) require managers to develop performance plans for individual members of the acquisition workforce in order to give members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim));
(3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under [section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1762&num=0&edition=prelim) related to contribution-based compensation and appraisal, and how those lessons may be ap
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Make Direct Appointments.—**
(1) **Candidates for scientific and engineering positions at science and technology reinvention laboratories.—** — The director of any Science and Technology Reinvention Laboratory (hereinafter in this section referred to as an “STRL”) may appoint qualified candidates possessing a bachelor’s or advanced degree to positions described in paragraph (1) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title).
(2) **Veteran candidates for similar positions at research and engineering facilities.—** — The director of any STRL may appoint qualified veteran candidates to positions described in paragraph (2) of subsection (b) as an employee at a laboratory, agency, or organization specified in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5.
(3) **Students enrolled in scientific and engineering programs.—** — The director of any STRL may appoint qualified candidates enrolled in a program of undergraduate or graduate instruction leading to a bachelor’s or an advanced degree in a scientific, technical, engineering or mathematical course of study at an institution of higher education (as that term is defined in sections 101 and 102 of the Higher Education Act of 1965 ([20 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim), 1002)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title).
(4) **Noncompetit
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4091
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Director.—** — The term “Director” means the Director of the Office of Personnel Management.
(2) **Institution of higher education.—** — The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)).
**(b) Appointment.—**
(1) **In general.—** — The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below.
(2) **Restrictions.—** — An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
**(c) Qualifications for Appointment.—** The head of an agency may make an appointment under subsection (b) only if the individual being appointed—
(1) has received a baccalaureate or graduate degree from an institution of higher education;
(2) applies for the position—
(A) not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or
(B) in the case of an individual who has completed a period of not less than 4 years of obligated service in a uniformed service, not later than 2 years after the date of the discharge or release of the individual from that service; and
(3) meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.
**(d) Public Notice and Advertising.—**
(1) **In general.—** — The head of an agency making an app
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3115
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Director.—** — The term “Director” means the Director of the Office of Personnel Management.
(2) **Institution of higher education.—** — The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)).
(3) **Student.—** — The term “student” means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
**(b) Appointment.—**
(1) **In general.—** — The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified.
(2) **Restrictions.—** — An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
**(c) Public Notice.—**
(1) **In general.—** — The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.
(2) **Requirements.—** — In carrying out paragraph (1), the head of an agency shall—
(A) adhere to merit system principles;
(B) advertise positions in a manner that provides for diverse and qualified applicants; and
(C) ensure potential applicants have appropriate information relevant to the positions available.
**(d) Limitation on Appointments.—**
(1) **In general.—** — Except as provided in paragraph (2), the total number of students that
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3116
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by subsections (b), (d), (e), (f), and (g) of this section, annual leave provided by [section 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6303&num=0&edition=prelim), which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year.
**(b)** Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year:
(1) Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred.
(2) Individuals employed locally but—
(A)
(i) who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment;
(ii) who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and
(iii) whose conditions of employment provide for their return transportation to the United States or its territories or
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6304
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee is automatically insured on the date he becomes eligible for insurance and each policy of insurance purchased by the Office of Personnel Management under this chapter shall provide for that automatic coverage.
**(b)** An employee desiring not to be insured shall give written notice to his employing office on a form prescribed by the Office. If the notice is received before he has become insured, he shall not be insured. If the notice is received after he has become insured, his insurance stops at the end of the pay period in which the notice is received.
**(c)** Notwithstanding a notice previously given under subsection (b), an employee who is deployed in support of a contingency operation (as that term is defined in [section 101(a)(13) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13&num=0&edition=prelim)) or an employee of the Department of Defense who is designated as an emergency essential employee under [section 1580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1580&num=0&edition=prelim) shall be insured if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under a policy of insurance under this chapter. An election under the preceding sentence shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
**(d)** Any services by an officer or employee under this chapter relating to benefits under this chapter shall be deemed, for purposes of [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), services for emergencies involving the safety of human life or
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8702
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under the conditions, directives, and terms specified in sections 8709–8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each insured employee equal amounts of optional life insurance and accidental death and dismemberment insurance in addition to the amounts provided in [section 8704(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8704/a&num=0&edition=prelim).
**(b)**
(1) An employee who is deployed in support of a contingency operation (as that term is defined in [section 101(a)(13) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13&num=0&edition=prelim)) or an employee of the Department of Defense who is designated as emergency essential under [section 1580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1580&num=0&edition=prelim) shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
(2) The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in [section 8704(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8704/a&
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8714a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each employee insured under [section 8702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8702&num=0&edition=prelim) amounts of additional optional life insurance (without accidental death and dismemberment insurance). An employee may elect coverage under this section without regard to whether the employee has elected coverage under optional insurance available under [section 8714a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8714a&num=0&edition=prelim).
**(b)**
(1) An employee who is deployed in support of a contingency operation (as that term is defined in [section 101(a)(13) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13&num=0&edition=prelim)) or an employee of the Department of Defense who is designated as emergency essential under [section 1580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1580&num=0&edition=prelim) shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
(2) The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8714b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Performance Management and Workforce Incentives.—**
(1) The Secretary, in coordination with the Director, shall promulgate regulations providing for the following:
(A) A fair, credible, and transparent performance appraisal system for employees.
(B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees.
(C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review.
(D) Development of attractive career paths.
(E) Development of “performance assistance plans” that are designed to give employees formal training, on-the-job training, counseling, mentoring, and other assistance.
(2) In developing the regulations required by this subsection, the Secretary, in coordination with the Director, may waive the requirements of chapter 43 (other than sections 4302 and 4303(e)) and the regulations implementing such chapter, to the extent necessary to achieve the objectives of this subsection.
(3)
(A) The Secretary may establish a fund, to be known as the “Department of Defense Civilian Workforce Incentive Fund” (in this paragraph referred to as the “Fund”).
(B) The Fund shall consist of the following:
(i) Amounts appropriated to the Fund.
(ii) Amounts available for compensation of employees that are transferred to the Fund.
(C) Amounts in the Fund shall be available for the following:
(i) Incentive payments for employees based on team or individual performance (which payments shall be in addition to basic pay).
(ii) Incentive payments to attract or retain employees with particular or superior qualifications or abilities.
(D) T
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303, 3307, and 3328 of such chapter), qualified candidates to any of the following positions in the competitive service in the Department of Defense:
(1) Any position involved with Department maintenance activities, including depot-level maintenance and repair.
(2) Any cyber workforce position.
(3) Any individual in the acquisition workforce that manages any services contracts necessary to the operation and maintenance of programs of the Department.
(4) Any science, technology, or engineering position, including any such position at the Major Range and Test Facilities Base, in order to allow development of new systems and provide for the maintenance of legacy systems.
(5) Any scientific, technical, engineering, or mathematics positions, including technicians, within the defense acquisition workforce, or any category of acquisition positions within the Department designated by the Secretary as a shortage or critical need category.
(6) Any scientific, technical, engineering, or mathematics position, except any such position within any defense Scientific and Technology Reinvention Laboratory, for which a qualified candidate is required to possess a bachelor’s degree or an advanced degree, or for which a veteran candidate is being considered.
(7) Any category of medical or health professional positions within the Department designated by the Secretary as a shortage category or critical need occupation.
(8) Any childcare services position for which there is a critical hiring need and a shortage of childcare providers.
(9) Any financial management, accounting, auditing, actuarial, cost estimation, operational research, or bus
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