§ 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—
(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—
(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
(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
(b)
Except as provided in subsection (a), the Attorney General may—
(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;
[1] See References in Text note below.