§ 1400.102 Definitions and applicability

5 CFR 1400.102(a)(a) In this part—

5 CFR 1400.102(a)(1)(1) Critical infrastructures are systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

5 CFR 1400.102(a)(2)(2) Key resources are publicly or privately controlled resources essential to the minimal operations of the economy and government.

5 CFR 1400.102(a)(3)(3) National security refers to those activities which are directly concerned with the foreign relations of the United States, or protection of the Nation from internal subversion, foreign aggression, or terrorism.

5 CFR 1400.102(a)(4)(4) National security position includes any position in a 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.

5 CFR 1400.102(a)(4)(i)(i) Such positions include those requiring eligibility for access to classified information.

5 CFR 1400.102(a)(4)(ii)(ii) Other such positions include, but are not limited to, those whose duties include:

5 CFR 1400.102(a)(4)(ii)(A)(A) Protecting the nation, its citizens and residents from acts of terrorism, espionage, or foreign aggression, including those positions where the occupant's duties involve protecting the nation's borders, ports, critical infrastructure or key resources, and where the occupant's neglect, action, or inaction could bring about a material adverse effect on the national security;

5 CFR 1400.102(a)(4)(ii)(B)(B) Developing plans or policies related to national defense or military operations;

5 CFR 1400.102(a)(4)(ii)(C)(C) Planning or conducting intelligence or counterintelligence activities, counterterrorism activities and related activities concerned with the preservation of the military strength of the United States;

5 CFR 1400.102(a)(4)(ii)(D)(D) Protecting or controlling access to facilities or information systems where the occupant's neglect, action, or inaction could bring about a material adverse effect on the national security;

5 CFR 1400.102(a)(4)(ii)(E)(E) Controlling, maintaining custody, safeguarding, or disposing of hazardous materials, arms, ammunition or explosives, where the occupant's neglect, action, or inaction could bring about a material adverse effect on the national security;

5 CFR 1400.102(a)(4)(ii)(F)(F) Exercising investigative or adjudicative duties related to national security, suitability, fitness or identity credentialing, where the occupant's neglect, action, or inaction could bring about a material adverse effect on the national security;

5 CFR 1400.102(a)(4)(ii)(G)(G) Exercising duties related to criminal justice, public safety or law enforcement, where the occupant's neglect, action, or inaction could bring about a material adverse effect on the national security; or

5 CFR 1400.102(a)(4)(ii)(H)(H) Conducting investigations or audits related to the functions described in paragraphs (a)(4)(ii)(B) through (G) of this section, where the occupant's neglect, action, or inaction could bring about a material adverse effect on the national security.

5 CFR 1400.102(b)(b) The requirements of this part apply to positions in the competitive service, positions in the excepted service where the incumbent can be noncompetitively converted to the competitive service, and Senior Executive Service (SES) positions held by career appointees in the SES within the executive branch. Departments and agencies may apply the requirements of this part to other excepted service positions within the executive branch and contractor positions, to the extent consistent with law.