[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR732.202]

[Page 29-30]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 732--NATIONAL SECURITY POSITIONS--Table of Contents
 
          Subpart B--Designation and Investigative Requirements
 
Sec. 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

[[Page 30]]

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 Sec. 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.
    (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.