§ 732.202 Waivers and exceptions to investigative requirements

5 CFR 732.202(a)(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.

5 CFR 732.202(a)(2)(2) Specific waiver requirements.

5 CFR 732.202(a)(2)(i)(i) The preappointment investigative requirement may not be waived for appointment to positions designated Special-Sensitive under this part.

5 CFR 732.202(a)(2)(ii)(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.

5 CFR 732.202(a)(2)(iii)(iii) The waiver restriction is optional for positions designated Noncritical-Sensitive under this part.

5 CFR 732.202(a)(2)(iv)(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(b)(b) Exceptions to investigative requirements.

5 CFR 732.202(b)(1)(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:

5 CFR 732.202(b)(1)(i)(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

5 CFR 732.202(b)(1)(ii)(ii) Positions filled by aliens employed outside the United States.

5 CFR 732.202(b)(2)(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.