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

Summary

The Attorney General can create a special Senior Executive Service for top leaders in the FBI and DEA. The rules must follow the same standards as the regular Senior Executive Service. Pay must stay between the normal SES minimum and maximum and change at the same time as SES pay. The system must include a performance review process like other SES members, rules for removing or furloughing leaders, fair steps for layoffs (including trying to find another job first), rules for suspension or removal with hearings under the Attorney General’s rules, recertification of executives, the ability to give performance awards, and allowance for sabbatical leave. The Attorney General can also apply other civil service rules and hire or promote these executives without using the usual competitive hiring rules. The President, on the Attorney General’s recommendation, may give ranks like other SES ranks. The Attorney General may temporarily assign these executives to other agencies without losing their status or benefits. Each year, when the President’s budget goes to Congress, the Attorney General must report how many SES positions exist, how many people are paid at each pay rate, the number and amounts of awards given, and how many people were removed for poor performance, by layoff, or for other reasons.