PART 230—ORGANIZATION OF THE GOVERNMENT FOR PERSONNEL MANAGEMENT Authority: 5 U.S.C. 1302, 3301, 3302. E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; E.O. 14284, 90 FR 17729. Sec. 230.402 also issued under 5 U.S.C. 1104. Subparts A-C [Reserved] Subpart D—Agency Authority To Take Personnel Actions in a National Emergency § 230.401 Agency authority to take personnel actions in a national emergency disaster. (a) Upon an attack on the United States, agencies are authorized to carry out whatever personnel activities may be necessary to the effective functioning of their organizations during a period of disaster without regard to any regulation or instruction of OPM, except those which become effective upon or following an attack on the United States. This authority applies only to actions under OPM jurisdiction. (b) Actions taken under this section shall be consistent with affected regulations and instructions as far as possible under the circumstances and shall be discontinued as soon as conditions permit the reapplication of the affected regulations and instructions. (c) An employee may not acquire a competitive civil service status by virtue of any action taken under this section. (d) Actions taken, and authority to take actions, under this section may be adjusted or terminated in whole or in part by OPM. (e) Agencies shall maintain records of the actions taken under this section. [35 FR 5173, Mar. 27, 1970] § 230.402 Agency authority to make emergency-indefinite appointments in a national emergency. (a) When a national emergency exists Definition. all (i) It was declared by the President or Congress. (ii) It involves a danger to the United States' safety, security, or stability that results from specified circumstances or conditions and that is national in scope. (iii) It requires a national program specifically intended to combat the threat to national safety, security, or stability. (2) Termination of a national emergency. specific (b) Basic authority. (c) Appointment under direct-hire authority. (d) Appointment noncompetitively. (1) Persons who were recruited on a standby basis prior to the national emergency; (2) Members of the National Defense Executive Reserve, designated in accordance with section 710(e) of the Defense Production Act of 1950, Executive Order 11179 of September 22, 1964, and applications issued by the agency authorized to implement the law and Executive Order; and (3) Former Federal employees eligible for reinstatement. (e) Tenure of emergency-indefinite employees. (2) An emergency-indefinite appointment may be continued for the duration of the emergency for which it is made. (f) Probationary period. (2) The agency may terminate the appointment of an emergency-indefinite employee at any time during the probationary period. The employee is entitled to the procedures set forth in part 751 of this chapter as appropriate. (g) Eligibility for within-grade increases. (h) Applications of other regulations. indefinite employee (2) The selection procedures of part 337 of this chapter apply to emergency-indefinite appointments that use the direct-hire authority under paragraph (c) of this section. (3) Despite the provisions in § 831.201(a)(11) of this chapter, an employee serving under an emergency-indefinite appointment under authority of this section is excluded from retirement coverage, except as provided in paragraph (b) of § 831.201 of this chapter. (i) Promotion, demotion, or reassignment. (5 U.S.C. 1104; Pub. L. 95-454, sec. 3(5)) [44 FR 54691, Sept. 21, 1979, as amended at 60 FR 3057, Jan. 13, 1995; 68 FR 35268, June 13, 2003; 69 FR 33275, June 15, 2004; 91 FR 49111, Aug. 3, 2026]