[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR230.401]

[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. 230.401  Agency authority to take personnel actions in a national 
emergency disaster.




Subparts A-C [Reserved]

   Subpart D_Agency Authority To Take Personnel Actions in a National 
                                Emergency

Sec.
230.401 Agency authority to take personnel actions in a national 
          emergency disaster.
230.402 Agency authority to make emergency-indefinite appointments in a 
          national emergency.

    Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577; 3 CFR 1954--1958 
Comp., p. 218; sec. 230.402 also issued under 5 U.S.C. 1104.

Subparts A-C [Reserved]



    (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.

[[Page 81]]

    (e) Agencies shall maintain records of the actions taken under this 
section.

[35 FR 5173, Mar. 27, 1970]