RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES SERVING IN A COMBAT ZONE.

SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES SERVING IN A COMBAT ZONE. (a) Service in a Combat Zone as Exigency of the Public Business.—Section 6304(d) of title 5, United States Code, is amended by adding at the end the following: “(4)(A) For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone is an exigency of the public business for that employee. Any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2). “(B) As used in subparagraph (A)— “(i) the term ‘Department of Defense emergency essential employee’ means an employee of the Department of Defense who is designated under section 1580 of title 10 as an emergency essential employee; and “(ii) the term ‘combat zone’ has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.”. (b) Designation of Emergency Essential Employees.—(1) Chapter 81 of title 10, United States Code, is amended by inserting after the table of sections at the beginning of such chapter the following new section 1580: “§ 1580. Emergency essential employees: designation “(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 113 STAT. 777 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.”. (2) The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 1581 the following: “1580. Emergency essential employees: designation.”.