§3151 The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service

Summary

The Attorney General can create a special Senior Executive Service just for top leaders in the FBI and DEA. The rules for that service must follow the same basic SES rules used across the government. Pay must stay within the SES minimum and maximum and be changed at the same time as other SES pay. The Attorney General must set up performance reviews, rules for removal and furloughs, fair steps for layoffs (with efforts to place people elsewhere first), procedures for suspension or removal with hearings under Attorney General rules, and rules for recertifying executives. The rules must also allow performance awards and sabbatical leave. The Attorney General may use other civil service rules as needed and may hire or promote these executives without using the usual competitive hiring rules. The President can give special ranks to members when the Attorney General recommends them. The Attorney General may temporarily assign an executive to work outside the FBI or DEA without that person losing their status or benefits. Each year, when the President’s budget goes to Congress, the Attorney General must send a report about this service. The report must show, by agency, the number of positions, how many people are paid at each pay rate, how many awards were given and the amounts, and how many people were removed and whether removals were for poor performance, for layoffs, or for other reasons.