OPM National Security Positions — Security Sensitivity Designations and Investigation Requirements for Federal Jobs
Legal Authority
- Executive Order 10450 — Security Requirements for Government Employment (April 27, 1953); establishes the federal personnel security framework; requires agencies to designate sensitive positions and ensure they are filled by individuals whose employment is "clearly consistent with the interests of national security"
- 5 U.S.C. § 3301 — General authority for the President and OPM to prescribe rules for the civil service including investigation requirements for sensitive positions
- 5 CFR Part 732 — OPM implementing regulation; establishes the four-tier position sensitivity designation system, preappointment investigation requirements, emergency waiver procedures, 5-year periodic reinvestigation mandate, and adverse adjudication notice and response procedures
Key Mechanics
Five CFR Part 732 requires each federal agency to conduct a position-by-position national security sensitivity analysis — not based on grade level or seniority, but on whether the occupant could cause material adverse effects on national security through their duties or access. The framework uses four tiers: Non-Sensitive (no investigation required), Non-Critical Sensitive (Tier 3 investigation, formerly NACLC, for limited classified access or other risk factors), Critical-Sensitive (Tier 5 investigation for TOP SECRET access or national security policy roles), and Special-Sensitive (Tier 5 plus enhanced adjudication for SCI or intelligence activities). Preappointment investigation is the default — individuals generally cannot be placed in national security positions until the investigation is complete. Emergency waivers exist for genuine emergencies, require a written finding by the agency head, and mandate immediate initiation of the investigation. Periodic reinvestigation every 5 years is mandatory for Special-Sensitive and Critical-Sensitive positions, capturing changes in personal circumstances, foreign contacts, or financial situations. When an agency makes an adverse adjudicative determination, it must notify the individual and provide an opportunity to respond before the final decision. Former employees who resigned or were terminated while security charges were pending are reported to OPM, which maintains records to prevent circumvention by moving to different agencies.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 5 CFR Part 732 |
| Issuing agency | Office of Personnel Management (OPM) |
| Statutory authority | 5 U.S.C. § 3301; Executive Order 10450 (April 27, 1953) |
| Last major amendment | No recent Federal Register amendments |
What This Rule Does
Not all federal jobs carry the same risk if the person filling them is disloyal, compromised, or subject to coercion. A park ranger's position carries different national security implications than a nuclear weapons program analyst's. Five CFR Part 732 establishes the framework agencies must use to designate positions as "national security positions" based on the damage an occupant could cause to national security, and to determine what level of background investigation is required before someone can fill the position.
The rule implements Executive Order 10450 (Security Requirements for Government Employment, 1953), the foundational executive order establishing the federal government's personnel security framework. Part 732 requires each agency to systematically review its positions, designate those that carry national security risk, and ensure the individuals filling them have been investigated to the appropriate level.
Position Sensitivity Levels
- Non-Sensitive: no national security implications; standard employment investigation (or no investigation) is sufficient
- Non-Critical Sensitive: position involves access to classified information or other factors creating limited national security risk; Tier 3 investigation (formerly NACLC) required
- Critical-Sensitive: higher national security risk, including positions with access to TOP SECRET information or affecting national security policy; Tier 5 investigation (formerly BI) required
- Special-Sensitive: the most sensitive level, for positions with access to Sensitive Compartmented Information (SCI) or other intelligence activities requiring enhanced screening; Tier 5 investigation plus additional adjudication required
Key Provisions
- § 732.101 — Scope: sets requirements and procedures each agency must follow for designating national security positions under Executive Order 10450; agencies bear primary responsibility for making designations based on OPM guidance
- § 732.102 — Definition of national security position: includes positions involving Government activities concerned with protecting the nation from foreign aggression or espionage; positions involving activities in defense plans or policies, intelligence, counterintelligence, or military strategy; positions with access to classified information; and positions with the potential for actions that could materially affect national security
- § 732.201 — Agency designation responsibility: the head of each agency must designate any position where the occupant, by virtue of the nature of the position, could bring about a material adverse effect on national security; designations are made using a position-by-position analysis of responsibilities and access, not solely based on grade level or component
- § 732.202 — Preappointment investigation waivers: waivers of the preappointment investigative requirement may be granted only in emergencies for a limited period; the head of the department or agency must make a written finding that the emergency justifies the waiver and that it is clearly consistent with national security interests; the investigation must begin immediately upon waiver and be completed as soon as possible
- § 732.203 — Periodic reinvestigation: incumbents of Special-Sensitive or Critical-Sensitive positions must undergo periodic reinvestigation 5 years after initial placement and at least once every succeeding 5 years; this continuous vetting requirement ensures that changes in an employee's personal circumstances, financial situation, or foreign contacts are captured over time
- § 732.301 — Adverse adjudication procedures: when an agency makes an unfavorable adjudicative decision based on an OPM investigation — or changes a tentative favorable decision to unfavorable — it must notify the affected individual and provide an opportunity to respond before the final adverse decision is implemented
- § 732.302 — OPM reporting requirements: agencies conducting investigations under E.O. 10450 must notify OPM when investigations are initiated and report the action taken after completion; this enables OPM to track investigation outcomes and identify patterns
- § 732.401 — Former employees: former employees terminated or who resigned while security charges were pending may be barred from reemployment in the agency under the security disqualification, and agencies must report these cases to OPM; OPM maintains records to prevent circumvention of security determinations by moving to a different agency
How It Affects You
If you are applying for or currently working in a federal position, your agency has assessed the national security sensitivity of your position. The sensitivity level determines the scope and type of background investigation required before you can be placed in the position. You should understand the sensitivity designation of your position because it determines the investigation scope and the adjudicative standards applied to your background.
The investigation is not the same as a security clearance, though they overlap. A national security position designation triggers an OPM background investigation to determine whether you are suitable for the position from a national security standpoint. A separate clearance determination is made if your position requires access to classified information. Some positions are designated national security sensitive without requiring a full security clearance.
Reinvestigation is mandatory every 5 years for Special-Sensitive and Critical-Sensitive positions. Changes in your personal circumstances — marriage to a foreign national, financial difficulties, new foreign travel, or contact with foreign nationals — should be reported to your security officer proactively rather than discovered during reinvestigation.
Emergency waivers allow short-term placement before an investigation completes, but they are genuinely emergency measures. The investigation begins immediately even when a waiver is granted. Individuals placed in sensitive positions under a waiver understand that their continued employment depends on a favorable investigation outcome.
Adverse adjudications — when the agency determines you are not suitable for a national security position — entitle you to notification and an opportunity to respond before the final decision. The right to respond is a procedural protection, not a guarantee of employment; the agency may still determine the position requires someone who does not present the identified risk.
Statutory Authority
This rule implements:
- Executive Order 10450 — Security Requirements for Government Employment (April 27, 1953); establishes the framework for federal personnel security programs, requiring agencies to ensure that national security positions are filled by individuals whose employment is "clearly consistent with the interests of national security"
- 5 U.S.C. § 3301 — General authority for the President and OPM to prescribe rules for the civil service, including employment and investigation requirements for sensitive positions
Recent Rulemakings
No major Federal Register amendments since the core framework was established. SUITABILITY AND SECURITY REFORM: The 2008 Intelligence Reform legislation and subsequent Executive Orders updated investigation standards (now the Trusted Workforce 2.0 initiative), but the 5 CFR Part 732 framework remains the foundational rule.