[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR230.402]

[Page 80-81]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 230--ORGANIZATION OF THE GOVERNMENT FOR PERSONNEL MANAGEMENT--Table of Contents
 
  Subpart D--Agency Authority To Take Personnel Actions in a National 
                                Emergency
 
Sec. 230.402  Agency authority to make emergency-indefinite appointments in a national emergency.

    (a) When a national emergency exists--(1) Definition. A national 
emergency must meet all of the following conditions:
    (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. A national emergency no 
longer exists if it is officially terminated by the President or 
Congress, or if the specific circumstances, conditions, or program cited 
in the original declaration are terminated or corrected.
    (b) Basic authority. Agencies may make emergency-indefinite 
appointments without OPM approval during any national emergency as 
defined in paragraph (a) of this section. The head of an agency with a 
defense-related mission may request OPM's approval to make emergency-
indefinite appointments without a declared national emergency when the 
President has authorized the call-up of some portion of the military 
reserves for some military purpose. The request must demonstrate that 
normal hiring procedures cannot meet surge employment requirements and 
that use of emergency-indefinite appointments is necessary for economy 
and efficiency. Except as provided by

[[Page 81]]

paragraphs (c) and (d) of this section, agencies must make emergency-
indefinite appointments from appropriate registers of eligibles as long 
as there are available eligibles.
    (c) Appointment outside the register. An agency may make emergency-
indefinite appointments under this section outside registers of 
eligibles when all the following conditions are met:
    (1) A number of vacancies must be filled immediately as a result of 
conditions created by the national emergency;
    (2) Either the number of vacancies to be filled exceeds the number 
of immediately available eligibles or emergency conditions do not allow 
sufficient time to make this determination; and
    (3) Available eligibles on registers are given prior or concurrent 
consideration for appointment to the extent possible within emergency 
time considerations.
    (d) Appointment noncompetitively. An agency may give emergency-
indefinite appointments under this section to the following classes of 
persons without regard to registers of eligibles and the provisions in 
Sec. 332.102 of this chapter:
    (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. (1) Emergency-
indefinite employees do not acquire a competitive status on the basis of 
their emergency-indefinite appointments.
    (2) An emergency-indefinite appointment may be continued for the 
duration of the emergency for which it is made.
    (f) Trial period. (1) The first year of service of an emergency-
indefinite employee is a trial period.
    (2) The agency may terminate the appointment of an emergency-
indefinite employee at any time during the trial period. The employee is 
entitled to the procedures set forth in Sec. 315.804 or Sec. 315.805 of 
this chapter as appropriate.
    (g) Eligibility for within-grade increases. An emergency-indefinite 
employee serving in a position subject to the General Schedule is 
eligible for within-grade increases in accordance with subpart D of part 
531 of this chapter.
    (h) Applications of other regulations. (1) The term ``indefinite 
employee'' as used in the following includes an emergency-indefinite 
employee: Section 316.801, part 351, part 353, subpart G of part 550, 
and part 752 of this chapter.
    (2) The selection procedures of part 333 of this chapter apply to 
emergency-indefinite employees appointed outside the register under 
paragraph (c) of this section.
    (3) Despite the provisions in Sec. 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 Sec. 831.201 of this chapter.
    (i) Promotion, demotion, or reassignment. An agency may promote, 
demote, or reassign an emergency-indefinite employee to any position for 
which it is making emergency-indefinite appointments.

(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]