32 C.F.R. § 154.13 Sensitive positions.
Title 32 - National Defense
(a) Designation of sensitive positions. Certain civilian positions within the Department of Defense entail duties of such a sensitive nature, including access to classified information, that the misconduct, malfeasance, or nonfeasance of an incumbent in any such position could result in an unacceptably adverse impact upon the national security. These positions are referred to in this part as sensitive positions. It is vital to the national security that great care be exercised in the selection of individuals to fill such positions. Similarly, it is important that only positions which truly meet one or more of the criteria set forth in paragraph (b) of this section be designated as sensitive. (b) Criteria for security designation of positions. Each civilian position within the Department of Defense shall be categorized, with respect to security sensitivity, as either nonsensitive, noncritical-sensitive, or critical-sensitive. (1) The criteria to be applied in designating a position as sensitive are: (i) Critical-sensitive. (A) Access to Top Secret information. (B) Development or approval of plans, policies, or programs that affect the overall operations of the Department of Defense or of a DoD Component. (C) Development or approval of war plans, plans or particulars of future major or special operations of war, or critical and extremely important items of war. (D) Investigative and certain investigative support duties, the issuance of personnel security clearances or access authorizations, or the making of personnel security determinations. (E) Fiduciary, public contact, or other duties demanding the highest degree of public trust. (F) Duties falling under Special Access programs. (G) Category I automated data processing (ADP) positions. (H) Any other position so designated by the head of the Component or designee. (ii) Noncritical-sensitive. (A) Access to Secret or Confidential information. (B) Security police/provost marshal-type duties involving the enforcement of law and security duties involving the protection and safeguarding of DoD personnel and property. (C) Category II automated data processing positions. (D) Duties involving education and orientation of DoD personnel. (E) Duties involving the design, operation, or maintenance of intrusion detection systems deployed to safeguard DoD personnel and property. (F) Any other position so designated by the head of the Component or designee. (2) All other positions shall be designated as nonsensitive. (c) Authority to designate sensitive positions. The authority to designate sensitive positions is limited to those authorities designated in paragraph G, Appendix E. These authorities shall designate each position within their jurisdiction as to its security sensitivity and maintain these designations current vis-a-vis the specific duties of each position. (d) Limitation of sensitive positions. It is the responsibility of those authorities authorized to designate sensitive positions to insure that only those positions are designated as sensitive that meet the criteria of paragraph (b) and (c) of this section that the designation of sensitive positions is held to a minimum consistent with mission requirements. Designating authorities shall maintain an accounting of the number of sensitive positions by category, i.e., critical or non-critical sensitive. Such information will be included in annual report required in subpart K. (e) Billet control system for Top Secret. (1) To standardize and control the issuance of Top Secret clearances within the Department of Defense, a specific designated billet must be established and maintained for all DoD military and civilian positions requiring access to Top Secret information. Only persons occupying these billet positions will be authorized a Top Secret clearance. If an individual departs from a Top Secret billet to a billet/position involving a lower level clearance, the Top Secret clearance will be administratively rescinded. This Top Secret billet requirement is in addition to the existing billet structure maintained for SCI access. (2) Each request to DIS for a BI or SBI that involves access to Top Secret or SCI information will require inclusion of the appropriate billet reference, on the request for investigation. Each Component head should in corporate, to the extent feasible, the Top Secret billet structure into the component Manpower Unit Manning Document. Such a procedure should minimize the time and effort required to maintain such a billet structure. (3) A report on the number of established Top Secret billets will be submitted each year to the DUSD(P) as part of the annual clearance report referred to in subpart K.
Title 32: National Defense
PART 154—DEPARTMENT OF DEFENSE PERSONNEL SECURITY PROGRAM REGULATION
Subpart C—Personnel Security Investigative Requirements
§ 154.13 Sensitive positions.
