A bill to amend title 5, United States Code, to authorize the establishment of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and for other purposes.
PL 100-325 (H.R.4083), enacted 05/30/1988

PUBLIC LAW 100-325—MAY 30, 1988 
102 STAT. 579 
Public Law 100-825 
100th Congress 
An Act 
To amend title 5, United States Code, to authorize the estabUshment of the Federal 
^ 
„Q ^ QQQ 
Bureau of Investigation and Drug Enforcement Administration Senior Executive 
— 
Service, and for other purposes, 
[H.R. 4083] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. AUTHORITY. 
(a) IN GENERAL.—Chapter 31 of title 5, United States Code, is 
amended by adding at the end the following new subchapter: 
"SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGA-
TION 
AND 
DRUG 
ENFORCEMENT 
ADMINISTRATION 
SENIOR EXECUTIVE SERVICE 
"§ 3151. The Federal Bureau of Investigation and Drug Enforce- 
5 USC 3151. 
ment Administration Senior Executive Service 
"(a) The Attorney General may by regulation establish a person-
nel system for senior personnel within the Federal Bureau of Inves-
tigation and the Drug Enforcement Administration to be known as 
the Federal Bureau of Investigation and Drug 
Enforcement 
Administration Senior Executive Service (hereinafter in this sub-
chapter referred to as the 'FBI-DEA Senior Executive Service'). The Regulations, 
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 provi-
sions 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 Execu-
tive 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; 
102 STAT. 580 
PUBLIC LAW 100-325—MAY 30, 1988 
"(C) procedures in accordance with which any furlough 
affecting the FBI-DEA Senior Executive Service shall be 
carried out; and 
"(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 Execu-
tive Service is entitled shall be held or decided pursuant 
to procedures established by regulations of the Attorney 
General); 
"(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)(1) Except as provided in subsection (a), the Attorney General 
may— 
"(A) make applicable to the FBI-DEA Senior Executive Serv-
ice any of the provisions of this title applicable to applicants for 
or members of the Senior Executive Service; and 
"(B) appoint, promote, and assign individuals to positions 
established within the FBI-DEA Senior Executive Service with-
out regard to the provisions of this title governing appointments 
and other personnel actions in the competitive service. 
"(2)(A) Notwithstanding any other provision of this section, an 
individual may not be selected for the FBI-DEA Senior Executive 
Service unless such individual is a career employee in the civil 
service. 
"(B) For the purpose of subparagraph (A), 'career employee in the 
civil service' shall have such meaning as the Attorney General, in 
consultation with the Director of the Office of Personnel Manage-
ment, by regulation prescribes. 
"(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. 
Reports. 
"(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 posi-
tions 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; 
PUBLIC LAW 100-325—MAY 30, 1988 
102 STAT. 581 
"(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. 
"§ 3152. Limitation on pay 
5 USC 3152. 
"Nothing in this subchapter shall be construed to allow the 
aggregate amount payable to a member of the FBI-DEA Senior 
Executive Service under this subchapter during any fiscal year to 
exceed the annual rate payable for positions at level I of the 
Executive Schedule in effect at the end of such year. This section 
shall be applied in a manner consistent with paragraphs (1) and (2) 
of section 5383(b).". 
(b) CHAPTER ANALYSIS.—The analysis for chapter 31 of title 5, 
United States Code, is amended by adding at the end the following: 
"SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGATION AND DRUG 
ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE 
"Sec. 
"3151. The Federal Bureau of Investigation and Drug Enforcement Administration 
Senior Executive Service. 
"3152. Limitation on pay.". 
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) Section 2108(3) of title 5, United States Code, is amended in the 
matter following subparagraph (G) by inserting "the Federal Bureau 
of Investigation and Drug Enforcement Administration Senior 
Executive Service," after 
"the Senior Cryptologic 
Executive 
Service,". 
(b) Section 3109(c) of title 5, United States Code, is amended by 
inserting "or the Federal Bureau of Investigation and Drug Enforce-
ment Administration Senior Executive Service" after 
Service". 
(c) Section 3132(a) of title 5, United States Code, is amended— 
(1) in paragraph (1)(B), by inserting "the Drug Enforcement 
Administration,' after "the Federal Bureau of Investigation,"; 
and 
(2) in paragraph (2)— 
(A) by adding "or" at the end of clause (i); 
(B) by striking "or" at the end of clause (ii); and 
(C) by striking clause (iii). 
(d) Section 3321(c) of title 5, United States Code, is amended by 
striking "Service." and inserting "Service or the Federal Bureau of 
Investigation and Drug Enforcement Administration Senior Execu-
tive Service.". 
(e) Section 3501(b) of title 5, United States Code, is amended by 
striking "Service." and inserting "Service or the Federal Bureau of 
Investigation and Drug Enforcement Administration Senior Execu-
tive Service.". 
(f) Section 4301(2)(E) of title 5, United States Code, is amended by 
striking "Service;" and inserting "Service or the Federal Bureau of 
Investigation and Drug Enforcement Administration Senior Execu-
tive Service;". 
(g) Section 5108(a) of title 5, United States Code, is amended— 
(1) by striking "and" at the end of clause (i); 
102 STAT. 582 
PUBLIC LAW 100-325—MAY 30, 1988 
(2) by striking the period at the end of clause (ii) and inserting 
"; and"^; 
(3) by inserting after clause (ii) the following: 
"(iii) the Federal Bureau of Investigation and Drug Enforce-
ment Administration Senior Executive Service."; and 
(4) in the last sentence, by striking "GS-16, 17, and 18 in the 
Federal Bureau of Investigation." and inserting "the Federal 
Bureau of Investigation and Drug Enforcement Administration 
Senior Executive Service.". 
(h) Chapter 53 of title 5, United States Code, is amended— 
(1) in section 5311(a), by striking "Service positions," and 
inserting "Service positions and positions in the Federal Bureau 
of Investigation and Drug Enforcement Administration Senior 
Executive Service,"; 
(2) in section 5311(b)(2), by striking the matter after subpara-
graph (B) and inserting the following: 
"but does not include any Senior Executive Service position (as 
defined in section 3132(a) of this title) or any position in the Federal 
Bureau of Investigation and Drug Enforcement Administration 
Senior Executive Service."; and 
(3) in section 5331(b), by striking "Service positions," and 
inserting "Service positions and positions in the Federal Bureau 
of Investigation and Drug Enforcement Administration Senior 
Executive Service,". 
(i) Chapter 55 of title 5, United States Code, is amended— 
(1) in section 5541(2)— 
(A) by striking "or" at the end of clause (xv); 
(B) by striking the period at the end of clause (xvi) and 
inserting "; or"; and 
(C) by adding at the end the following: 
"(xvii) a member of the Federal Bureau of Investigation 
and Drug Enforcement Administration Senior Executive 
Service."; and 
(2) in section 5595(a)(2)(i), by striking "other than a member of 
the Senior Executive Service" and inserting ", other than a 
member of the Senior Executive Service or the Federal Bureau 
of Investigation and Drug Enforcement Administration Senior 
Executive Service,". 
(j) Section 5723(a)(1) of title 5, United States Code, is amended by 
striking "shortage," and all that follows thereafter through "of any 
person" and inserting "shortage, (B) of a new appointee to the 
Senior Executive Service or the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service, or (C) 
of any person". 
(k) Section 6304(f) of title 5, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (3); 
(2) by striking the period at the end of paragraph (4) and 
inserting "; or"; and 
(3) by adding at the end the following: 
"(5) the Federal Bureau of Investigation and Drug Enforce-
ment Administration Senior Executive Service.". 
(1) Section 8336(h) of title 5, United States Code, is amended by 
adding at the end the following: 
"(3) A member of the Federal Bureau of Investigation and Drug 
Enforcement Administration Senior Executive Service who is re-
moved from such service for less than fully successful executive 
performance after completing 25 years of service or after becoming 
PUBLIC LAW 100-325—MAY 30,1988 
102 STAT. 583 
50 years of age and completing 20 years of service is entitled to an 
annuity.". 
(m) Section 8414(a) of title 5, United States Code, is amended by 
adding at the end the following: 
"(3) A member of the Federal Bureau of Investigation and Drug 
Enforcement Administration Senior Executive Service who is re-
moved from such service for less than fully successful executive 
performance after completing 25 years of service or after becoming 
50 years of age and completing 20 years of service is entitled to an 
annuity.". 
Approved May 30,1988. 
LEGISLATIVE HISTORY—H.R. 4083: 
HOUSE REPORTS: No. 100-608 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 9, considered and paaaed House. 
May 13, considered and passed Senate.