28 CFR §0.157

1. (a)Pursuant to 5 U.S.C. 3151, 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).
2. (b)Pursuant to 5 U.S.C. 3151(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. (1)A Schedule C position authorized under 5 CFR 213.3301;
   2. (2)A position that meets the same criteria as a Schedule C position; and
   3. (3)A position where the incumbent is traditionally removed upon a change in Presidential Administration.
3. (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.
4. (d)The Attorney General retains the authority to recommend members of the FBI-DEA SES for Presidential Rank Awards.