
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3151]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT 
                 ADMINISTRATION SENIOR EXECUTIVE SERVICE
 
Sec. 3151. The Federal Bureau of Investigation and Drug 
        Enforcement Administration Senior Executive Service
        
    (a) The Attorney General may by regulation establish a personnel 
system for senior personnel within the Federal Bureau of Investigation 
and the Drug Enforcement Administration to be known as the Federal 
Bureau of Investigation and Drug Enforcement Administration Senior 
Executive Service (hereinafter in this subchapter referred to as the 
``FBI-DEA Senior Executive Service''). The regulations establishing the 
FBI-DEA Senior Executive Service shall--
        (1) meet the requirements set forth in section 3131 for the 
    Senior Executive Service;
        (2) provide that positions in the FBI-DEA Senior Executive 
    Service meet requirements that are consistent with the provisions of 
    section 3132(a)(2);
        (3) provide rates of pay for the FBI-DEA Senior Executive 
    Service that are not in excess of the maximum rate or less than the 
    minimum rate of basic pay established for the Senior Executive 
    Service under section 5382 and that are adjusted at the same time 
    and to the same extent as rates of basic pay for the Senior 
    Executive Service are adjusted;
        (4) provide a performance appraisal system for the FBI-DEA 
    Senior Executive Service that conforms to the provisions of 
    subchapter II of chapter 43;
        (5) provide for--
            (A) removal consistent with section 3592;
            (B) reduction-in-force procedures consistent with section 
        3595(a), together with measures to ensure that a member of the 
        FBI-DEA Senior Executive Service may not be removed due to a 
        reduction in force unless reasonable efforts to place such 
        member in another such position are first taken;
            (C) procedures in accordance with which any furlough 
        affecting the FBI-DEA Senior Executive Service shall be carried 
        out;
            (D) removal or suspension consistent with subsections (a), 
        (b), and (c) of section 7543 (except that any hearing or appeal 
        to which a member of the FBI-DEA Senior Executive Service is 
        entitled shall be held or decided pursuant to procedures 
        established by regulations of the Attorney General); and
            (E) recertification consistent with section 3393a;

        (6) permit the payment of performance awards to members of the 
    FBI-DEA Senior Executive Service consistent with the provisions 
    applicable to performance awards under section 5384; and
        (7) provide that members of the FBI-DEA Senior Executive Service 
    may be granted sabbatical leaves consistent with the provisions of 
    section 3396(c).

    (b)(1) Except as provided in subsection (a), the Attorney General 
may--
        (A) make applicable to the FBI-DEA Senior Executive Service any 
    of the provisions of this title applicable to applicants for or 
    members of the Senior Executive Service; and
        (B) appoint, promote, and assign individuals to positions 
    established within the FBI-DEA Senior Executive Service without 
    regard to the provisions of this title governing appointments and 
    other personnel actions in the competitive service.

    (2)(A) Notwithstanding any other provision of this section, an 
individual may not be selected for the FBI-DEA Senior Executive Service 
unless such individual is a career employee in the civil service.
    (B) For the purpose of subparagraph (A), ``career employee in the 
civil service'' shall have such meaning as the Attorney General, in 
consultation with the Director of the Office of Personnel Management, by 
regulation prescribes.
    (c) The President, based on the recommendations of the Attorney 
General, may award ranks to members of the FBI-DEA Senior Executive 
Service in a manner consistent with the provisions of section 4507.
    (d) Notwithstanding any other provision of this section, the 
Attorney General may detail or assign any member of the FBI-DEA Senior 
Executive Service to serve in a position outside the Federal Bureau of 
Investigation or the Drug Enforcement Administration (as the case may 
be) in which the member's expertise and experience may be of benefit to 
the Federal Bureau of Investigation or the Drug Enforcement 
Administration (as the case may be) or another Government agency. Any 
such member shall not by reason of such detail or assignment lose any 
entitlement or status associated with membership in the FBI-DEA Senior 
Executive Service.
    (e) The Attorney General shall each year submit to Congress, at the 
time the budget is submitted by the President to the Congress for the 
next fiscal year, a report on the FBI-DEA Senior Executive Service. The 
report shall include, in the aggregate and by agency--
        (1) the number of FBI-DEA Senior Executive Service positions 
    established as of the end of the preceding fiscal year;
        (2) the number of individuals being paid at each rate of basic 
    pay for the FBI-DEA Senior Executive Service as of the end of the 
    preceding fiscal year;
        (3) the number, distribution, and amount of awards paid to 
    members of the FBI-DEA Senior Executive Service during the preceding 
    fiscal year; and
        (4) the number of individuals removed from the FBI-DEA Senior 
    Executive Service during the preceding fiscal year--
            (A) for less than fully successful performance;
            (B) due to a reduction in force; or
            (C) for any other reason.

(Added Pub. L. 100-325, Sec. 1(a), May 30, 1988, 102 Stat. 579; amended 
Pub. L. 101-194, title V, Sec. 506(b)(1), Nov. 30, 1989, 103 Stat. 
1758.)

                       References in Text

    Provisions of this title governing appointments and other personnel 
actions in the competitive service, referred to in subsec. (b)(1)(B), 
are classified generally to section 3301 et seq. of this title.


                               Amendments

    1989--Subsec. (a)(5)(E). Pub. L. 101-194 added subpar. (E).


                    Effective Date of 1989 Amendment

    Section 506(d) of Pub. L. 101-194 provided that: ``The amendments 
made by this section [enacting section 3393a of this title and amending 
this section, sections 3393, 3592 to 3594, 7701, 8336, 8339, 8414, and 
8421 of this title, section 1601 of Title 10, Armed Forces, section 3945 
of Title 22, Foreign Relations and Intercourse, and provisions set out 
as a note under section 402 of Title 50, War and National Defense] shall 
take effect on January 1, 1991.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5304, 5376 of this title.
