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5 U.S.C. § 3151 — The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service
Federal law — U.S. Code and appendices · legal_authorities
**(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 whic
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3151
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Stable record: federal_law:legal_authorities:record_usc_74bf3b4785394677037ccfb9
Source file: Laws/federal/codes/united-states-code/title-5/section-3151-the-federal-bureau-of-investigation-and-drug-enforcement-administration--748d458231.md
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Passage SHA-256: 188b26e999877ca3e2f1c1b0e4689d906ce848998a5ce0d86056c8210747f878
Source location: Title 5, Chapter 31, § 3151; chapter-031-authority-for-employment.md
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**(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; 11 See References in Text note below.
(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)** Except as provided in subsection (a), the Attorney General may—
(1) 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
(2) 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.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary of Defense may—
(1) establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as the Secretary determines necessary to carry out the intelligence functions of the Department, including—
(A) Intelligence Senior Level positions designated under [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1607&num=0&edition=prelim); and
(B) positions in the Defense Intelligence Senior Executive Service;
(2) appoint individuals to those positions (after taking into consideration the availability of preference eligibles for appointment to those positions); and
(3) fix the compensation of such individuals for service in those positions.
**(b) Construction With Other Laws.—** The authority of the Secretary of Defense under subsection (a) applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; applicable personnel provisions**
(1) The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regulations establishing the Senior Cryptologic Executive Service shall—
(A) meet the requirements set forth in [section 3131 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3131&num=0&edition=prelim) for the Senior Executive Service;
(B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title;
(C) provide, without regard to section 2,11 See References in Text note below. rates of pay for the Senior Cryptologic 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 of such title, 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;
(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title;
(E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee);
(F) permit the payment of performance awards to members of
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3610
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Salary class** Appointment to the Senior Foreign Service shall be to a salary class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim), and not to a position.
**(b) Limited appointment** An individual may not be given a limited appointment in the Senior Foreign Service if that appointment would cause the number of members of the Senior Foreign Service serving under limited appointments to exceed 5 percent of the total number of members of the Senior Foreign Service, except that (1) members of the Senior Foreign Service assigned to the Peace Corps shall be excluded in the calculation and application of this limitation, and (2) members of the Senior Foreign Service serving under limited appointments with reemployment rights under [section 3950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) as career appointees in the Senior Executive Service shall be considered to be career members of the Senior Foreign Service for purposes of this subsection.
**(c) Appointments by Secretary of Commerce**
(1) Appointments to the Senior Foreign Service by the Secretary of Commerce shall be excluded in the calculation and application of the limitation in subsection (b).
(2) Except as provided in paragraph (3), no more than one individual (other than an individual with reemployment rights under [section 3950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) as a career appointee in the Senior Executive Service) may serve under a limited appointment in the Senior Foreign Service in the Department of Commerce at any time.
(3) The Secretary of Commer
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3945
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 101–194, title V, § 506(a)(1), Nov. 30, 1989, 103 Stat. 1756, related to recertification of career appointees.
#### Effective Date of Repeal
Repeal effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under [section 101 of Title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim), Domestic Security.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from—
(1) all groups of qualified individuals within the civil service; or
(2) all groups of qualified individuals whether or not within the civil service.
**(b)** Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—
(1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and
(2) making written recommendations to the appropriate appointing authority concerning such candidates.
**(c)**
(1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee.
(2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointme
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, a career appointee may be removed from the Senior Executive Service to a civil service position outside of the Senior Executive Service—
(1) during the 1-year period of probation under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim), or
(2) at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title,
except that in the case of a removal under paragraph (2) of this subsection the career appointee shall, at least 15 days before the removal, be entitled, upon request, to an informal hearing before an official designated by the Merit Systems Protection Board at which the career appointee may appear and present arguments, but such hearing shall not give the career appointee the right to initiate an action with the Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim), nor need the removal action be delayed as a result of the granting of such hearing.
**(b)**
(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily removed—
(A) within 120 days after an appointment of the head of the agency; or
(B) within 120 days after the appointment in the agency of the career appointee’s most immediate supervisor who—
(i) is a noncareer appointee; and
(ii) has the authority to remove the career appointee.
(2) Paragraph (1) of this subsection does not apply with respect to—
(A) any removal under [section 4314(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3592
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A former career appointee may be reinstated, without regard to section 3393(b) and (c) of this title, to any Senior Executive Service position for which the appointee is qualified if—
(1) the appointee has successfully completed the probationary period established under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim); and
(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, or less than fully successful executive performance as determined under subchapter II of chapter 43.
**(b)** A career appointee who is appointed by the President to any civil service position outside the Senior Executive Service and who leaves the position for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the Senior Executive Service if the appointee applies to the Office of Personnel Management within 90 days after separation from the Presidential appointment.
**(c)**
(1) A former career appointee shall be reinstated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the appointee is qualified if—
(A) the individual was a career appointee on May 31, 1981;
(B) the appointee was removed from the Senior Executive Service under [section 3595 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595&num=0&edition=prelim) before October 1, 1984, due to a reduction in force in that agency;
(C) before the removal occurred, the appointee successfully completed the probationary period established under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3593
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service during the probationary period under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim), shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
**(b)** A career appointee who has completed the probationary period under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim), and who—
(1) is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title; or
(2) is removed from the Senior Executive Service under paragraph (4) or (5) of [section 3595(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595/b&num=0&edition=prelim);
shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
**(c)**
(1) For purposes of subsections (a) and (b) of this section—
(A) the position in which any career appointee is placed under such subsections shall be a continuing position at GS–15 of the General Schedule or classified above GS–15 pursuant to section 5108, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3594
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed by the Board.
**(b)**
(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
(2)
(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—
(i) the deciding official determines that the granting of such relief is not appropriate; or
(ii)
(I) the relief granted in the decision prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity.
**(b)** An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
**(c)**
(1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(2) An employee is entitled to an annuity if the employee—
(A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
(B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years.
(3)
(A) In this paragraph—
(i) the term “affected individual” means an individual covered under this subchapter who—
(I) is performing service in a covered position;
(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable;
(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8336
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