---
kind: "section"
citation: "5 U.S.C. § 3151"
title: "5"
title_heading: "Government Organization and Employees"
number: "3151"
heading: "The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service"
release: "119-102"
url: "https://uscodex.org/usc/5/3151"
units:
  - "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"
---

# §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](/usc/5/8331.md?p=12) (hereinafter in this subchapter referred to as the “FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12)”). The regulations establishing the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) shall—
  - (1) meet the requirements set forth in [section 3131](/usc/5/3131.md) for the Senior Executive [Service](/usc/5/8331.md?p=12);
  - (2) provide that [positions](/usc/5/5531.md?p=2) in the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) meet requirements that are consistent with the provisions of [section 3132(a)(2)](/usc/5/3132.md?p=a-2);
  - (3) provide rates of pay for the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive [Service](/usc/5/8331.md?p=12) under [section 5382](/usc/5/5382.md) and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive [Service](/usc/5/8331.md?p=12) are adjusted;
  - (4) provide a performance appraisal system for the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) that conforms to the provisions of subchapter II of [chapter 43](/usc/5/chptIII-sptC-ch43.md);
  - (5) provide for—
    - (A) removal consistent with [section 3592](/usc/5/3592.md);
    - (B) reduction-in-force procedures consistent with [section 3595(a)](/usc/5/3595.md?p=a), together with measures to ensure that a [member](/usc/5/5531.md?p=1) of the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) may not be removed due to a reduction in force unless reasonable efforts to place such [member](/usc/5/5531.md?p=1) in another such [position](/usc/5/5531.md?p=2) are first taken;
    - (C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) shall be carried out;
    - (D) removal or [suspension](/usc/5/7541.md?p=2) consistent with subsections [(a)](/usc/5/7543.md?p=a), [(b)](/usc/5/7543.md?p=b), and [(c)](/usc/5/7543.md?p=c) of section 7543 (except that any hearing or appeal to which a [member](/usc/5/5531.md?p=1) of the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) is entitled shall be held or decided pursuant to procedures established by regulations of the Attorney General); and
    - (E) recertification consistent with [section 3393a](/usc/5/3393a.md);[^1]
  - (6) permit the payment of performance awards to [members](/usc/5/5531.md?p=1) of the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) consistent with the provisions applicable to performance awards under [section 5384](/usc/5/5384.md); and
  - (7) provide that [members](/usc/5/5531.md?p=1) of the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) may be granted sabbatical leaves consistent with the provisions of [section 3396(c)](/usc/5/3396.md?p=c).
- (b) Except as provided in [subsection (a)](#a), the Attorney General may—
  - (1) make applicable to the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) any of the provisions of this title applicable to applicants for or [members](/usc/5/5531.md?p=1) of the Senior Executive [Service](/usc/5/8331.md?p=12); and
  - (2) appoint, promote, and assign individuals to [positions](/usc/5/5531.md?p=2) established within the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) without regard to the provisions of this title governing appointments and other personnel actions in the competitive [service](/usc/5/8331.md?p=12).
- (c) The President, based on the recommendations of the Attorney General, may award ranks to [members](/usc/5/5531.md?p=1) of the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) in a manner consistent with the provisions of [section 4507](/usc/5/4507.md).
- (d) Notwithstanding any other provision of this section, the Attorney General may detail or assign any [member](/usc/5/5531.md?p=1) of the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) to serve in a [position](/usc/5/5531.md?p=2) outside the Federal Bureau of Investigation or the Drug Enforcement Administration (as the case may be) in which the [member](/usc/5/5531.md?p=1)’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](/usc/5/500.md?p=a-1). Any such [member](/usc/5/5531.md?p=1) shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12).
- (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](/usc/5/8331.md?p=12). The report shall include, in the aggregate and by [agency](/usc/5/500.md?p=a-1)—
  - (1) the number of FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) [positions](/usc/5/5531.md?p=2) 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](/usc/5/8331.md?p=12) as of the end of the preceding fiscal year;
  - (3) the number, distribution, and amount of awards paid to [members](/usc/5/5531.md?p=1) of the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) during the preceding fiscal year; and
  - (4) the number of individuals removed from the FBI–DEA Senior Executive [Service](/usc/5/8331.md?p=12) 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.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 100–325, § 1(a), May 30, 1988, 102 Stat. 579; amended Pub. L. 101–194, title V, § 506(b)(1), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 109–108, title I, § 111, Nov. 22, 2005, 119 Stat. 2305.)

## Notes

### Editorial Notes

### References in Text

Section 3393a, referred to in subsec. (a)(5)(E), was repealed by Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296.

Provisions of this title governing appointments and other personnel actions in the competitive service, referred to in subsec. (b)(2), are classified generally to section 3301 et seq. of this title.

### Amendments

2005—Subsec. (b). Pub. L. 109–108 struck out par. (1) designation before “Except as provided”, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows:

“(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.”

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 1989 Amendment

Pub. L. 101–194, title V, § 506(d), Nov. 30, 1989, 103 Stat. 1759, 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 section 3610 of Title 50, War and National Defense] shall take effect on January 1, 1991.”