5 Cfr 732

Office of Personnel Management

§ 732.202

Subpart F—Savings Provision
§ 731.601

§ 732.102

Savings provision.

No provision of the regulations in
this part shall be applied in such a way
as to affect any administrative proceeding pending on January 29, 2001. An
administrative proceeding is deemed to
be pending from the date of the agency
or OPM ‘‘notice of proposed action’’ described in § 731.402.

PART 732—NATIONAL SECURITY
POSITIONS
Subpart A—Scope
Sec.
732.101
732.102

Purpose.
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.

[56 FR 18654, Apr. 23, 1991, as amended at 66
FR 66711, Dec. 27, 2001]

Subpart B—Designation and
Investigative Requirements

Subpart C—Due Process and Reporting
732.301
732.302

Due process.
Reporting to OPM.

§ 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.

Subpart D—Security and Related
Determinations
732.401 Reemployment eligibility of certain
former Federal employees.
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

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
(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.

Purpose.

[56 FR 18654, Apr. 23, 1991, as amended at 66
FR 66711, Dec. 27, 2001]

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.

§ 732.202 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

31

VerDate Aug<04>2004

05:42 Jan 15, 2005

Jkt 205009

PO 00000

Frm 00031

Fmt 8010

Sfmt 8010

Y:\SGML\205009T.XXX

205009T