(a) 
         The circumstances under which the President may award the rank of Distinguished Senior Professional and Meritorious Senior Professional to a senior career employee are set forth in 5 U.S.C. 4507a.
     
    
        
        (b) 
         To be eligible for a rank award, a senior career employee must:
     
    
        
        (1) 
         Hold a career appointment in a Senior-Level (SL) or Scientific-Professional (ST) position that is subject to OPM position allocations under  part 319 of this chapter and paid under 5 U.S.C. 5376 on the nomination deadline set by OPM;
     
    
        
        (2) 
         Be an employee of the agency on the nomination deadline set by OPM; and
     
    
        
        (3) 
         Have at least 3 years of career or career-type Federal civilian service above GS-15. Service need not be continuous. Qualifying service includes appointments that are not—
     
    
    
        
        (ii) 
         To positions that are excepted from the competitive service because of their confidential or policy-making character.
     
    
        
        (c) 
         Each agency may nominate up to 9 percent of its senior career employees for rank awards.
     
    
        
            Code of Federal Regulations
        
        [67 FR 52596, Aug. 13, 2002 as amended at 72 FR 44367, Aug. 8, 2007]