5 U.S.C. § 3133 — Authorization of positions; authority for

Page 351 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3133 The date of the enactment of the Civil Service Re- form Act of 1978, referred to in subsec. (b)(3), is the date of the enactment of Pub. L. 95–454, which was approved Oct. 13, 1978. AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–92 added cl. (iv) of concluding provisions. 2014—Subsec. (a)(2). Pub. L. 113–277 added cl. (iii) of concluding provisions. 2013—Subsec. (a)(1)(B). Pub. L. 112–277 inserted ‘‘the Office of the Director of National Intelligence,’’ after ‘‘the Central Intelligence Agency,’’. 2010—Subsec. (a)(1)(D). Pub. L. 111–203 substituted ‘‘the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Fi- nancial Research;’’ for ‘‘and the National Credit Union Administration;’’. 2008—Subsec. (a)(1)(B). Pub. L. 110–417 substituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘Na- tional Imagery and Mapping Agency’’. Pub. L. 110–289, § 1161(g)(2)(A), substituted ‘‘, and’’ for ‘‘,, and’’. Subsec. (a)(1)(D). Pub. L. 110–289, § 1161(g)(2)(B), struck out ‘‘the Federal Housing Finance Board’’ after ‘‘the Office of Thrift Supervision,’’, substituted ‘‘the Federal Housing Finance Agency’’ for ‘‘the Office of Federal Housing Enterprise Oversight of the Depart- ment of Housing and Urban Development’’, and struck out ‘‘or or’’ at end. Subsec. (a)(1)(E), (F). Pub. L. 110–289, § 1161(g)(2)(C), (D), inserted ‘‘or’’ at end of subpar. (E), relating to Se- curities and Exchange Commission, and redesignated subpar. (E), relating to Commodity Futures Trading Commission, as (F). 2004—Subsec. (a)(1). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’ in introductory provisions. 2002—Subsec. (a)(1)(C). Pub. L. 107–252, § 811(b), in- serted ‘‘or the Election Assistance Commission’’ after ‘‘Commission’’. Pub. L. 107–171, § 10702(c)(1)(A), which directed amend- ment by striking ‘‘or’’ at the end, could not be executed because the word ‘‘or’’ did not appear at the end. See below. Pub. L. 107–123, § 8(d)(1)(B)(i), struck out ‘‘or’’ at end. Subsec. (a)(1)(D). Pub. L. 107–171, § 10702(c)(1)(B), in- serted ‘‘or’’ at end. Pub. L. 107–123, § 8(d)(1)(B)(ii), inserted ‘‘or’’ at end. Subsec. (a)(1)(E). Pub. L. 107–171, § 10702(c)(1)(C), added subpar. (E) relating to Commodity Futures Trading Commission. Pub. L. 107–123, § 8(d)(1)(B)(iii), added subpar. (E) re- lating to the Securities and Exchange Commission. 1996—Subsec. (a)(1)(B). Pub. L. 104–201 substituted ‘‘National Imagery and Mapping Agency’’ for ‘‘Central Imagery Office’’. 1994—Subsec. (a)(1)(B). Pub. L. 103–359 inserted ‘‘the Central Imagery Office,’’ after ‘‘Defense Intelligence Agency,’’. 1992—Subsec. (a)(1)(B). Pub. L. 102–496 inserted ‘‘, Department of Defense intelligence activities the ci- vilian employees of which are subject to section 1590 of title 10,’’ after ‘‘National Security Agency’’. Subsec. (a)(1)(D). Pub. L. 102–550 inserted ‘‘the Office of Federal Housing Enterprise Oversight of the Depart- ment of Housing and Urban Development,’’ after ‘‘Farm Credit Administration,’’. 1990—Subsec. (a)(1)(D). Pub. L. 101–624 inserted ref- erence to Farm Credit Administration. Subsec. (a)(2). Pub. L. 101–509 substituted ‘‘classified above GS–15 pursuant to section 5108’’ for ‘‘in GS–16, 17, or 18 of the General Schedule’’. 1989—Subsec. (a)(1)(D). Pub. L. 101–73 added subpar. (D). 1988—Subsec. (a)(1)(B). Pub. L. 100–325, § 2(c)(1), in- serted reference to Drug Enforcement Administration. Subsec. (a)(2)(iii). Pub. L. 100–235, § 2(c)(2), struck out cl. (iii) which read as follows: ‘‘any position in the Drug Enforcement Administration which is excluded from the competitive service under section 201 of the Crime Control Act of 1976 (5 U.S.C. 5108 note; 90 Stat. 2425);’’. 1980—Subsec. (a)(1)(C). Pub. L. 96–187 added subpar. (C). 1979—Subsec. (a)(1)(B). Pub. L. 96–54 inserted ‘‘and,’’ after ‘‘Security Agency,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–289, div. A , title I, § 1163, July 30, 2008, 122 Stat. 2782, provided that: ‘‘Except as otherwise specifi- cally provided in this title [see Tables for classifica- tion], this title and the amendments made by this title shall take effect on, and shall apply beginning on, the date of enactment of this Act [July 30, 2008].’’ EFFECTIVE DATE OF 2002 AMENDMENTS Amendment by Pub. L. 107–252 effective upon appoint- ment of all members of the Election Assistance Com- mission under section 20923 of Title 52, Voting and Elec- tions, see section 21134(a) of Title 52. Amendment by Pub. L. 107–123 effective Oct. 1, 2001, see section 11 of Pub. L. 107–123, set out as a note under section 78ee of Title 15, Commerce and Trade. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–187 effective on Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title. CONSTRUCTION Pub. L. 112–166, § 2(hh), Aug. 10, 2012, 126 Stat. 1290, provided that: ‘‘Notwithstanding section 3132(a)(2) of title 5, United States Code, removal of Senate con- firmation for any position in this section shall not— ‘‘(1) result in any such position being placed in the Senior Executive Service; or ‘‘(2) alter compensation for any such position under the Executive Schedule or other applicable com- pensation provisions of law.’’ § 3133. Authorization of positions; authority for appointment (a) During each even-numbered calendar year, each agency shall— (1) examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and Page 352 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3133 (2) submit to the Office of Personnel Man- agement a written request for a specific num- ber of Senior Executive Service positions for each of such fiscal years. (b) Each agency request submitted under sub- section (a) of this section shall— (1) be based on the anticipated type and ex- tent of program activities and budget requests of the agency for each of the 2 fiscal years in- volved, and such other factors as may be pre- scribed from time to time by the Office; and (2) identify, by position title, positions which are proposed to be designated as or re- moved from designation as career reserved po- sitions, and set forth justifications for such proposed actions. (c) The Office of Personnel Management, in consultation with the Office of Management and Budget, shall review the request of each agency and shall authorize, for each of the 2 fiscal years covered by requests required under subsection (a) of this section, a specific number of Senior Executive Service positions for each agency. Be- ginning in 2023, the number of such positions au- thorized under the preceding sentence for the Department of Defense may not exceed the limi- tation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017. (d)(1) The Office of Personnel Management may, on a written request of an agency or on its own initiative, make an adjustment in the num- ber of positions authorized for any agency. Each agency request under this paragraph shall be submitted in such form, and shall be based on such factors, as the Office shall prescribe. (2) The total number of positions in the Senior Executive Service may not at any time during any fiscal year exceed 105 percent of the total number of positions authorized under subsection (c) of this section for such fiscal year. (e)(1) Not later than July 1, 1979, and from time to time thereafter as the Director of the Office of Personnel Management finds appro- priate, the Director shall establish, by rule issued in accordance with section 1103(b) of this title, the number of positions out of the total number of positions in the Senior Executive Service, as authorized by this section or section 413 of the Civil Service Reform Act of 1978, which are to be career reserved positions. Ex- cept as provided in paragraph (2) of this sub- section, the number of positions required by this subsection to be career reserved positions shall not be less than the number of the positions then in the Senior Executive Service which, be- fore the date of such Act, were authorized to be filled only through competitive civil service ex- amination. (2) The Director may, by rule, designate a number of career reserved positions which is less than the number required by paragraph (1) of this subsection only if the Director determines such lesser number necessary in order to des- ignate as general positions one or more posi- tions (other than positions described in section 3132(b)(3) of this title) which— (A) involve policymaking responsibilities which require the advocacy or management of programs of the President and support of con- troversial aspects of such programs; (B) involve significant participation in the major political policies of the President; or (C) require the senior executives in the posi- tions to serve as personal assistants of, or ad- visers to, Presidential appointees. The Director shall provide a full explanation for his determination in each case. (Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1158; amended Pub. L. 114–328, div. A, title XI, § 1109(c), Dec. 23, 2016, 130 Stat. 2449.) Editorial Notes REFERENCES IN TEXT Section 1109 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (c), is section 1109 of Pub. L. 114–328, set out as a note below. Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (e)(1), is section 413 of Pub. L. 95–454, set out as a note below. The date of such Act, referred to in subsec. (e)(1), probably means Oct. 13, 1978, the date of the enactment of the Civil Service Reform Act of 1978. AMENDMENTS 2016—Subsec. (c). Pub. L. 114–328 inserted at end ‘‘Be- ginning in 2023, the number of such positions author- ized under the preceding sentence for the Department of Defense may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title. LIMITATION ON NUMBER OF DOD SES POSITIONS Pub. L. 114–328, div. A, title XI, § 1109, Dec. 23, 2016, 130 Stat. 2449, as amended by Pub. L. 118–31, div. A, title XI, § 1115, Dec. 22, 2023, 137 Stat. 433, provided that: ‘‘(a) LIMITATION ON NUMBER OF DOD SES POSITIONS.— ‘‘(1) IN GENERAL.—Not later than December 31, 2022, the total number of Senior Executive Service posi- tions authorized under section 3133 of title 5, United States Code, for the Department of Defense may not exceed 1,260. ‘‘(2) HIGHLY QUALIFIED EXPERTS.—Of the total num- ber of positions authorized under paragraph (1), not more than 200 of such positions may be occupied by an individual appointed under the authority provided in section 9903 of such title. ‘‘(3) EXCEPTION.—The limitation under this sub- section shall not apply to positions described in this subsection that are fully funded through amounts ap- propriated to an agency other than the Department of Defense. ‘‘(b) PLAN TO ACHIEVE REQUIRED LIMITATION.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall develop a plan to achieve the limitation required by subsection (a) that includes— ‘‘(A) the distribution of Senior Executive Service positions across the Office of the Secretary of De- fense, the Joint Staff, the Military Departments, the Defense Agencies and Field Activities, the uni- fied and specified combatant commands, and other key elements of the Department of Defense; ‘‘(B) the by-year reductions to Senior Executive Service positions consistent with the distribution required under subparagraph (A); and ‘‘(C) recommendations for any legislative action that may be necessary for personnel management and shaping authorities to achieve the required limitation. Page 353 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3133 ‘‘(2) SUBMISSION OF PLAN.—Not less than one year after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan developed under paragraph (1). ‘‘(3) PROGRESS REPORTS.—The Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives semi- annual progress report briefings describing and as- sessing the progress of the Secretary in implementing the plan developed under paragraph (1). ‘‘(c) CONFORMING AMENDMENT.—[Amended section 3133(c) of this title.] ‘‘(d) DEFINITION OF SENIOR EXECUTIVE SERVICE POSI- TION.—In this section, the term ‘Senior Executive Serv- ice position’ has the meaning given such term in sec- tion 3132(a)(2) of title 5, United States Code.’’ CONVERSION TO SENIOR EXECUTIVE SERVICE Pub. L. 95–454, title IV, § 413, Oct. 13, 1978, 92 Stat. 1175, provided that: ‘‘(a) For the purpose of this section, ‘agency’, ‘Senior Executive Service position’, ‘career appointee’, ‘career reserved position’, ‘limited term appointee’, ‘noncareer appointee’, and ‘general position’ have the meanings set forth in section 3132(a) of title 5, United States Code (as added by this title) and ‘Senior Executive Service’ has the meaning set forth in section 2101a of such title 5 (as added by this title). ‘‘(b)(1) Under the guidance of the Office of Personnel Management, each agency shall— ‘‘(A) designate those positions which it considers should be Senior Executive Service positions and des- ignate which of those positions it considers should be career reserved positions; and ‘‘(B) submit to the Office a written request for— ‘‘(i) a specific number of Senior Executive Service positions; and ‘‘(ii) authority to employ a specific number of noncareer appointees. ‘‘(2) The Office of Personnel Management shall review the designations and requests of each agency under paragraph (1) of this subsection, and shall establish in- terim authorizations in accordance with sections 3133 and 3134 of title 5, United States Code (as added by this Act), and shall publish the titles of the authorized posi- tions in the Federal Register. ‘‘(c)(1) Each employee serving in a position at the time it is designated as a Senior Executive Service po- sition under subsection (b) of this section shall elect to— ‘‘(A) decline conversion and be appointed to a posi- tion under such employee’s current type of appoint- ment and pay system, retaining the grade, seniority, and other rights and benefits associated with such type of appointment and pay system; or ‘‘(B) accept conversion and be appointed to a Senior Executive Service position in accordance with the provisions of subsections (d), (e), (f), (g), and (h) of this section. The appointment of an employee in an agency because of an election under subparagraph (A) of this paragraph shall not result in the separation or reduction in grade of any other employee in such agency. ‘‘(2) Any employee in a position which has been des- ignated a Senior Executive Service position under this section shall be notified in writing of such designation, the election required under paragraph (1) of this sub- section, and the provisions of subsections (d), (e), (f), (g), and (h) of this section. The employee shall be given 90 days from the date of such notification to make the election under paragraph (1) of this subsection. ‘‘(d) Each employee who has elected to accept conver- sion to a Senior Executive Service position under sub- section (c)(1)(B) of this section and who is serving under— ‘‘(1) a career or career-conditional appointment; or ‘‘(2) a similar type of appointment in an excepted service position, as determined by the Office; in a position which is designated as a Senior Executive Service position shall be appointed as a career ap- pointee to such Senior Executive Service position with- out regard to section 3393(b)–(e) of title 5, United States Code (as added by this title). ‘‘(e) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under an ex- cepted appointment in a position which is not des- ignated a career reserved position in the Senior Execu- tive Service, but is— ‘‘(1) a position in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; ‘‘(2) a position filled by noncareer executive assign- ment under subpart F of part 305 of title 5, Code of Federal Regulations; or ‘‘(3) a position in the Executive Schedule under sub- chapter II of chapter 53 of title 5, United States Code [section 5311 et seq. of this title], other than a career Executive Schedule position; shall be appointed as a noncareer appointee to a Senior Executive Service position. ‘‘(f) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position de- scribed in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a ca- reer reserved position under subsection (b) of this sec- tion shall be appointed as a noncareer appointee to an appropriate general position in the Senior Executive Service or shall be separated. ‘‘(g) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position de- scribed in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a Sen- ior Executive Service position and who has reinstate- ment eligibility to a position in the competitive serv- ice, may, on request to the Office, be appointed as a ca- reer appointee to a Senior Executive Service position. The name of, and basis for reinstatement eligibility for, each employee appointed as a career appointee under this subsection shall be published in the Federal Register. ‘‘(h) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under a lim- ited executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations, shall— ‘‘(1) be appointed as a limited term appointee to a Senior Executive Service position if the position then held by such employee will terminate within 3 years of the date of such appointment; ‘‘(2) be appointed as a noncareer appointee to a Sen- ior Executive Service position if the position then held by such employee is designated as a general posi- tion; or ‘‘(3) be appointed as a noncareer appointee to a gen- eral position if the position then held by such em- ployee is designated as a career reserved position. ‘‘(i) The rate of basic pay for any employee appointed to a Senior Executive Service position under this sec- tion shall be greater than or equal to the rate of basic pay payable for the position held by such employee at the time of such appointment. ‘‘(j) Any employee who is aggrieved by any action by any agency under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of title 5, United States Code (as added by this title). An agency shall take any corrective action which the Board orders in its decision on an appeal under this subsection. ‘‘(k) The Office shall prescribe regulations to carry out the purpose of this section.’’ [Pub. L. 95–454, title IV, § 415(a)(2), Oct. 13, 1978, 92 Stat. 1179, provided that section 413 [set out above] is effective Oct. 13, 1978.] Page 354 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3134 § 3134. Limitations on noncareer and limited ap- pointments (a) During each calendar year, each agency shall— (1) examine its needs for employment of non- career appointees for the fiscal year beginning in the following year; and (2) submit to the Office of Personnel Man- agement, in accordance with regulations pre- scribed by the Office, a written request for au- thority to employ a specific number of non- career appointees for such fiscal year. (b) The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer ap- pointees in all agencies may not exceed 10 per- cent of the total number of Senior Executive Service positions in all agencies. (c) Subject to the 10 percent limitation of sub- section (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this sec- tion if emergency needs arise that were not an- ticipated when the original authorizations were made. (d) The number of Senior Executive Service positions in any agency which are filled by non- career appointees may not at any time exceed the greater of— (1) 25 percent of the total number of Senior Executive Service positions in the agency; or (2) the number of positions in the agency which were filled on the date of the enactment of the Civil Service Reform Act of 1978 by— (A) noncareer executive assignments under subpart F of part 305 of title 5, Code of Fed- eral Regulations, as in effect on such date, or (B) appointments to level IV or V of the Executive Schedule which were not required on such date to be made by and with the ad- vice and consent of the Senate. This subsection shall not apply in the case of any agency having fewer than 4 Senior Execu- tive Service positions. (e) The total number of limited emergency ap- pointees and limited term appointees in all agencies may not exceed 5 percent of the total number of Senior Executive Service positions in all agencies. (Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Civil Service Reform Act of 1978, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 95–454, which was approved Oct. 13, 1978. Level IV or V of the Executive Schedule, referred to in subsec. (d)(2)(B), are set out in sections 5315 and 5316 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title. [§ 3135. Repealed. Pub. L. 104–66, title II, § 2181(a)(1), Dec. 21, 1995, 109 Stat. 732] Section, added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159; amended Pub. L. 98–168, title III, § 301(b), Nov. 29, 1983, 97 Stat. 1112; Pub. L. 98–615, title III, § 306(a), Nov. 8, 1984, 98 Stat. 3219, directed Office of Personnel Management to submit reports to Congress relating to Senior Executive Service. § 3136. Regulations The Office of Personnel Management shall pre- scribe regulations to carry out the purpose of this subchapter. (Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1160.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title. SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCE- MENT ADMINISTRATION SENIOR EXECU- TIVE SERVICE § 3151. The Federal Bureau of Investigation and Drug Enforcement Administration Senior Ex- ecutive Service (a) The Attorney General may by regulation establish a personnel system for senior per- sonnel within the Federal Bureau of Investiga- tion and the Drug Enforcement Administration to be known as the Federal Bureau of Investiga- tion and Drug Enforcement Administration Sen- ior Executive Service (hereinafter in this sub- chapter referred to as the ‘‘FBI–DEA Senior Ex- ecutive Service’’). The regulations establishing the FBI–DEA Senior Executive Service shall— (1) meet the requirements set forth in sec- tion 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 sec- tion 3132(a)(2); (3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in ex- cess 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 con- sistent 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 un- less reasonable efforts to place such member in another such position are first taken;