5 CFR Part 732

5 CFR Part 732 (up to date as of 4/27/2023)
National Security Positions

5 CFR Part 732

This content is from the eCFR and is authoritative but unofficial.

Title 5 —Administrative Personnel
Chapter I —Office of Personnel Management
Subchapter B —Civil Service Regulations
Part 732 National Security Positions
Subpart A Scope
§ 732.101 Purpose.
§ 732.102 Definition and applicability.
Subpart B Designation and Investigative Requirements
§ 732.201 Sensitivity level designations and investigative requirements.
§ 732.202 Waivers and exceptions to investigative requirements.
§ 732.203 Periodic reinvestigation requirements.
Subpart C Due Process and Reporting
§ 732.301 Due process.
§ 732.302 Reporting to OPM.
Subpart D Security and Related Determinations
§ 732.401 Reemployment eligibility of certain former Federal employees.

PART 732—NATIONAL SECURITY POSITIONS
Authority: 5 U.S.C. 3301, 3302, 7312; 50 U.S.C. 403; E.O. 10450, 3 CFR, 1949–1953 Comp., p. 936.
Source: 56 FR 18654, Apr. 23, 1991, unless otherwise noted.

Subpart A—Scope
§ 732.101 Purpose.
This part sets forth certain requirements and procedures which each agency shall observe for determining national
security positions pursuant to Executive Order 10450—Security Requirements for Government Employment (April
27, 1953), 18 FR 2489, 3 CFR 1949–1953 Comp., p. 936, as amended.

§ 732.102 Definition and applicability.
(a) For purposes of this part, the term “national security position” includes:
(1) Those positions that involve activities of the Government that are concerned with the protection of
the nation from foreign aggression or espionage, including development of defense plans or policies,
intelligence or counterintelligence activities, and related activities concerned with the preservation of
the military strength of the United States; and

5 CFR 732.102(a)(1) (enhanced display)

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National Security Positions

5 CFR 732.102(a)(2)

(2) Positions that require regular use of, or access to, classified information. Procedures and guidance
provided in OPM issuances apply.
(b) The requirements of this part apply to competitive service positions, and to Senior Executive Service
positions filled by career appointment, within the Executive Branch, and agencies may apply them to
excepted service positions within the Executive Branch.
[56 FR 18654, Apr. 23, 1991, as amended at 66 FR 66711, Dec. 27, 2001]

Subpart B—Designation and Investigative Requirements
§ 732.201 Sensitivity level designations and investigative requirements.
(a) For purposes of this part, the head of each agency shall designate, or cause to be designated, any position
within the department or agency the occupant of which could bring about, by virtue of the nature of the
position, a material adverse effect on the national security as a sensitive position at one of three
sensitivity levels: Special-Sensitive, Critical-Sensitive, or Noncritical-Sensitive.
(b) Investigative requirements for each sensitivity level are provided in OPM issuances.
[56 FR 18654, Apr. 23, 1991, as amended at 66 FR 66711, Dec. 27, 2001]

§ 732.202 Waivers and exceptions to investigative requirements.
(a) Waivers —
(1) General. A waiver of the preappointment investigative requirement contained in section 3(b) of
Executive Order 10450 for employment in a sensitive national security position may be made only for
a limited period:
(i)

In case of emergency if the head of the department or agency concerned finds that such action
is necessary in the national interest; and

(ii) when such finding is made a part of the records of the department or agency.
(2) Specific waiver requirements.
(i)

The preappointment investigative requirement may not be waived for appointment to positions
designated Special-Sensitive under this part.

(ii) For positions designated Critical-Sensitive under this part, the records of the department or
agency required by § 732.202(a)(1) of this part shall show what decision was made on
obtaining prewaiver checks, as follows:
(A) The nature of the emergency precluded obtaining prewaiver checks; or
(B) checks were initiated but not all responses were received within 5 days; or
(C) checks made and favorably completed are listed.
(iii) The waiver restriction is optional for positions designated Noncritical-Sensitive under this part.
(iv) When waiver is authorized, the required investigation must be initiated within 14 days of
placement of the individual in the position.
5 CFR 732.202(a)(2)(iv) (enhanced display)

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5 CFR 732.202(b)

(b) Exceptions to investigative requirements.
(1) Pursuant to section 3(a) of E.O. 10450, the following positions are exempt from the investigative
requirements of E.O. 10450, providing that the employing agency conducts such checks as it deems
appropriate to insure that the employment or retention of individuals in these positions is clearly
consistent with the interests of the national security:
(i)

Positions that are intermittent, seasonal, per diem, or temporary, not to exceed an aggregate of
180 days in either a single continuous appointment or series of appointments; or

(ii) Positions filled by aliens employed outside the United States.
(2) Other positions that OPM, in its discretion, deems appropriate may be made exempt based on a
written request to OPM by the agency head in whose department or agency the positions are
located.

§ 732.203 Periodic reinvestigation requirements.
The incumbent of each position designated Special-Sensitive or Critical-Sensitive under this part shall be subject to
periodic reinvestigation of a scope prescribed by OPM 5 years after placement, and at least once each succeeding 5
years. The employing agency will use the results of such periodic reinvestigation to determine whether the
continued employment of the individual in a sensitive position is clearly consistent with the interests of the national
security.

Subpart C—Due Process and Reporting
§ 732.301 Due process.
When an agency makes an adjudicative decision under this part based on an OPM investigation, or when an agency,
as a result of information in an OPM investigation, changes a tentative favorable placement or clearance decision to
an unfavorable decision, the agency must:
(a) Insure that the records used in making the decision are accurate, relevant, timely, and complete to the
extent reasonably necessary to assure fairness to the individual in any determination.
(b) Comply with all applicable administrative due process requirements, as provided by law, rule, or regulation.
(c) At a minimum, provide the individual concerned:
(1) Notice of the specific reason(s) for the decision; and
(2) An opportunity to respond; and
(3) Notice of appeal rights, if any.
(d) Consider all available information in reaching its final decision.
(e) Keep any record of the agency action required by OPM as published in its issuances.
[56 FR 18654, Apr. 23, 1991, as amended at 66 FR 66711, Dec. 27, 2001]

§ 732.302 Reporting to OPM.
(a) In accordance with section 9(a) of E.O. 10450, each agency conducting an investigation under E.O. 10450
is required to notify OPM when the investigation is initiated.
5 CFR 732.302(a) (enhanced display)

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5 CFR 732.302(b)

(b) In accordance with section 14(c) of E.O. 10450, agencies shall report to OPM the action taken with
respect to individuals investigated pursuant to E.O. 10450 as soon as possible and in no event later than
90 days after receipt of the final report of investigation.

Subpart D—Security and Related Determinations
§ 732.401 Reemployment eligibility of certain former Federal employees.
(a) Request. A former employee who was terminated, or who resigned while charges were pending, from a
department or agency of the Government under a statute or executive order authorizing termination in the
interest of national security or on grounds relating to loyalty, and authorizing OPM to determine the
eligibility for employment in another department or agency of the Government, may request OPM in
writing to determine whether the individual is eligible for employment in another department or agency of
the Government.
(b) Action by OPM.
(1) OPM shall determine, and will notify the former employee, after appropriate consideration of the
case, including such investigation as it considers necessary, whether the individual may be employed
in another department or agency of the Government.
(2) If a former Federal employee found ineligible under this section has had an opportunity to comment
on the reasons for the action, or has furnished them to OPM or to the former employing agency, OPM
may cancel the reinstatement eligibility if the eligibility resulted from the last Federal employment
and was obtained through fraud, and OPM may prescribe a period of debarment not to exceed 3
years.

5 CFR 732.401(b)(2) (enhanced display)

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