Clarify certain due process rights of Federal employees serving in sensitive positions

(1) by redesignating subsection (k) as subsection (l); and

(2) by inserting after subsection (j) the following:

(1) An employee or applicant for employment appealing an action arising from a determination of ineligibility for a sensitive position may not be denied Board review of the merits of such determination if—

(A) the position is not one that requires a security clearance or access to classified information; and

(B) such action is otherwise appealable.

(2) For purposes of this subsection, the term sensitive position means any position so designated pursuant to Executive Order 10450 (5 U.S.C. 7311 note) or, if superseded, a successor Executive order.