§ 2165.
(e)
Presidential investigation
(1)
If the President deems it to be in the national interest he may from time to time determine that investigations of any group or class which are required by subsections (a), (b), and (c) of this section be made by the Federal Bureau of Investigation.
(2)
In the case of an individual employed in a program known as a Special Access Program, any investigation required by subsections (a), (b), and (c) of this section shall be made by the Federal Bureau of Investigation.
(f)
Performance of personnel security investigations by FBI
(1)
Notwithstanding the provisions of subsections (a), (b), and (c) of this section, but subject to subsection (e) of this section, a majority of the members of the Commission may direct that an investigation required by such provisions on an individual described in paragraph (2) be carried out by the Federal Bureau of Investigation rather than by the Civil Service Commission.
(2)
An individual described in this paragraph is an individual who is employed—
(A)
in a program certified by a majority of the members of the Commission to be of a high degree of importance or sensitivity; or
(B)
in any other specific position certified by a majority of the members of the Commission to be of a high degree of importance or sensitivity.
([Aug. 1, 1946, ch. 724], title I, § 145, as added [Aug. 30, 1954, ch. 1073, § 1], [68 Stat. 942]; amended [Pub. L. 85–681, § 5], Aug. 19, 1958, [72 Stat. 633]; [Pub. L. 87–206, § 6], Sept. 6, 1961, [75 Stat. 476]; [Pub. L. 87–615, § 10], Aug. 29, 1962, [76 Stat. 411]; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, [92 Stat. 3783]; renumbered title I, [Pub. L. 102–486, title IX, § 902(a)(8)], Oct. 24, 1992, [106 Stat. 2944]; [Pub. L. 106–65, div. C, title XXXI, § 3144(a)], Oct. 5, 1999, [113 Stat. 934]; [Pub. L. 108–136, div. C, title XXXI, § 3131], Nov. 24, 2003, [117 Stat. 1749].)