Workforce

OPM proposes to change definition of national security jobs

The agency issued a proposed rule expanding and clarifying what a positions could impact the country through access to information or weapons.

Federal News Network Staff

December 14, 2010 3:24 pm

2 min read

By Jason Miller
Executive Editor
Federal News Radio

The Office of Personnel Management wants to expand the definition of what jobs are considered national security positions.

In a proposed rule issued in Tuesday’s Federal Register, OPM states it is not changing the current definition, but rather clarifying the categories of positions that have the potential to impact national security.

“OPM therefore proposes to update the definition of national security position to add positions where the duties include protecting the nation, its citizens and residents from acts of terrorism, espionage or foreign aggression, including 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,” the proposed rule states. “OPM has been guided by their definitions in the USA PATRIOT Act of 2001 and the Homeland Security Act of 2002, both enacted in the aftermath of the Sept. 11, 2001, terrorist attacks. OPM intends that agencies, likewise, be guided in their assessment of positions with these types of duties by referring to these statutes.”

OPM states it is proposing the rule now as a part of its initiatives to simplify and streamline the federal investigative and adjudicative processes.

Among the specific categories of positions, OPM proposes that an agency may authorize as national security positions any job that involves:

Protecting or controlling access to facilities or information systems;
Controlling, maintaining custody, safeguarding or disposing of hazardous materials, arms, ammunition or explosives;
Exercising investigative or adjudicative duties related to national security, suitability, fitness or identity credentialing;
Exercising criminal justice, public safety or law enforcement duties;
Conducting audits or investigations of these functions, where the occupant’s neglect, action or inaction could bring about a material adverse effect on the national security.

“In proposing these changes, OPM cautions that not all positions with these responsibilities must be designated as national security positions,” the notice states. “Rather, in each instance, agencies must make a determination of whether the occupant’s neglect, action or inaction could bring about a material adverse effect on the national security, i.e., could cause at least significant or serious damage to the national security.”

Agencies will have to assess all current positions using the new definition of national security positions within two years of the rule becoming final. OPM states the two-year time frame would give agencies enough time to review employees’ duties and determine their national security impact to make changes, if necessary.

“The proposal does not require that all investigations be completed within the 24-month timeframe, only that positions be re-evaluated by then, and that any required investigation be initiated within 14 days of a person’s occupancy of a position that has been newly designated as sensitive,” the notice states.

OPM is accepting comments on this proposed rule through Feb. 14.