---
kind: "section"
citation: "28 C.F.R. § 0.157"
title: "28"
number: "0.157"
heading: "Federal Bureau of Investigation—Drug Enforcement Administration Senior Executive Service."
url: "https://uscodex.org/cfr/28/0.157"
---

# §0.157. Federal Bureau of Investigation—Drug Enforcement Administration Senior Executive Service.

- (a) Pursuant to [5 U.S.C. 3151](/usc/5/3151.md), there is established a personnel system for senior personnel within the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) to be known as the FBI-DEA Senior Executive Service (FBI-DEA SES).
- (b) Pursuant to [5 U.S.C. 3151(b)(2)(B)](/usc/5/3151.md?p=b-2-B), a career employee in the civil service is one who occupies, or who within the last 5 years occupied, a permanent position in the competitive service, a career-type permanent position in the excepted service, or a permanent position in the SES while serving under a career appointment. A career-type permanent position in the excepted service does not include:
  - (1) A Schedule C position authorized under [5 CFR 213.3301](/cfr/5/213.3301.md);
  - (2) A position that meets the same criteria as a Schedule C position; and
  - (3) **A position where the incumbent is traditionally removed upon a change in Presidential Administration.**
- (c) Except as to the position of Deputy Director of the FBI (which remains subject to the exclusive authority of the Attorney General), the FBI-DEA SES is subject to the overall supervision and direction of the Deputy Attorney General, who shall ensure that the FBI-DEA SES is designed and administered in compliance with all statutory and regulatory requirements.
- (d) The Attorney General retains the authority to recommend members of the FBI-DEA SES for Presidential Rank Awards.

## Notes

### Amendments

[Order No. 1600-92, 57 FR 31314, July 15, 1992, as amended by Order No. 1975-95, 60 FR 35335, July 7, 1995; Order No. 2250-99, 64 FR 46846, Aug. 27, 1999]

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

### Source

Source: Order No. 423-69, 34 FR 20388, Dec. 31, 1969, unless otherwise noted.

### Amendments

[Order No. 1600-92, 57 FR 31314, July 15, 1992, as amended by Order No. 1975-95, 60 FR 35335, July 7, 1995; Order No. 2250-99, 64 FR 46846, Aug. 27, 1999]