5 C.F.R. § 732.201
Sensitivity level designations and investigative requirements
(a) For purposes of this part, the head of each agency shall designate, or cause to be designated, any position within the 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 as a sensitive position at one of three sensitivity levels: Special-Sensitive, Critical-Sensitive, or Noncritical-Sensitive.
(b) Investigative requirements for each sensitivity level are provided in OPM issuances.
Notes of Decisions
Cited in 1
case, 2012–2012 · leading case: Berry v. Conyers, 692 F.3d 1223 (Fed. Cir. 2012).
Berry v. Conyers, 692 F.3d 1223 (Fed. Cir. 2012). “Under the majority’s expansive holding, where an employee’s position is desig- nated as a national security position, see 5 C.F.R. § 732.201 (a), 2 the Board lacks jurisdiction to review the underlying merits of any removal, suspension, demotion, or other adverse employment…”
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