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wreier-aviles on DSK7SPTVN1PROD with CFR§ 317.3025 CFR Ch. I (1–1–12 Edition)she requests conversion to career appointment. Failure to respond shall bedeemed a declination.(b) Employees receiving appointmentsafter designation but before the operational date of the Senior Executive Service—(1) Condition of appointment. Eachindividual appointed, reinstated, transferred, promoted, voluntarily reassigned or voluntarily demoted to a position after it has been designated aSenior Executive Service position shallbe required to accept conversion to theSenior Executive Service. The agencyshall advise the individual of this requirement prior to the appointment orother personnel action. The individualshall signify his/her acceptance of conversion in writing at the time of thepersonnel action.(2) Notice. At the time of the personnel action, or 90 days before theSenior Executive Service becomesoperational, whichever is later, theagency shall give the employee a written notice which identifies the position, SES pay rate, and kind of appointment the employee will receiveunder the Senior Executive Service.(3) Pay. An employee’s SES rate willbe determined under 5 CFR part 534,subpart D.(c) Employees whose positions are notdesignated Senior Executive Service positions—Notice. Each employee coveredby § 317.301(b)(5) shall be given a written notice advising the employee thathis/her position is not designated aSenior Executive Service position; thatthe employee is not entitled to conversion to the Senior Executive Service;and that the employee has a right toappeal an action under this subpart tothe Merit Systems Protection Board.(d) Employees appointed under a reemployment right—(1) Notice. At the timethe employee exercises his/her reemployment right, the agency shall givethe employee a written notice whichincludes the following information:(i) A statement that the employeemeets the requirements of § 317.301(b)(6)for eligibility for conversion to theSenior Executive Service and that he/she is being offered an appointmentunder the Senior Executive Service;(ii) A statement that the employeehas 90 calendar days from the date ofreceipt of the written notice to electeither to join the Senior ExecutiveService or to remain under the type ofappointment upon which the reemployment right was based;(iii) Identification of the position,SES pay rate, and kind of appointmentwhich the employee will receive if theemployee elects to convert to the Senior Executive Service;(iv) If the reemployment right is to aposition in the excepted service and theemployee has reinstatement eligibilityto a position in the competitive service, or, as determined by the Office ofPersonnel Management, has substantial career-oriented service under career-type appointments as defined in§ 317.304(a)(2), a statement that the employee may request conversion to career appointment;(v) A summary of the features of theSenior Executive Service (this can beaccomplished by appending descriptivematerial prepared by the Office); and(vi) A statment that the employeemust submit his/her decision with regard to paragraphs (d)(1)(ii) and (iv) ofthis section, in writing, on or beforethe end of the notice period.(2) Pay. An employee’s SES rate willbe determined under 5 CFR part 534,subpart D.(3) Freedom of choice. The employeeshall decide whether he/she acceptsconversion to the Senior ExecutiveService. The employing agency shallnot attempt to influence the employee’s decision through coercion, intimidation or duress.(4) Employee’s election. On or beforethe end of the notice period, the employee shall signify in writing his/herdecision to accept or to decline an appointment under the Senior ExecutiveService. An excepted service employeeshall also indicate whether he/she requests conversion to career appointment. Failure to respond shall bedeemed a declination.(5) Effective date. A conversion underthis section for an employee who electsto join the SES shall become effectiveat the end of the notice period.[45 FR 8541, Feb. 8, 1980, as amended at 45 FR19213, Mar. 25, 1980; 69 FR 2050, Jan. 13, 2004]192VerDate Mar 15 201010:35 Mar 13, 2012Jkt 226008PO 00000Frm 00202Fmt 8010Sfmt 8010Y:\SGML\226008.XXX226008

Office of Personnel Management§ 317.305§ 317.303 Status of employees who decline voluntary conversion to theSenior Executive Service.ther a ‘‘general’’ or a ‘‘career reserved’’position.(a) An employee who declines conversion pursuant to § 317.302(a)(4) or§ 317.302(d)(4) shall remain in his/hercurrent appointment and pay system,and shall retain the grade, seniority,and other rights and benefits associated with such type of appointmentand pay system. The employee maycontinue in the current SES positionor be reassigned to another positionwithin or outside the Senior ExecutiveService.(b) The assignment of an employeewho declines conversion under this subpart shall not result in the separationor reduction in grade of any other employee in the agency.(c) Nothing in these regulations affects an agency’s right to terminate alimited executive appointment pursuant to Civil Service Rule IX.§ 317.305 Conversion of excepted appointees.[45 FR 8541, Feb. 8, 1980, as amended at 45 FR19213, Mar. 25, 1980]wreier-aviles on DSK7SPTVN1PROD with CFR§ 317.304 Conversion of career and career-type appointees.(a) Coverage. This section covers employees serving under:(1) A career or career-conditional appointment; or(2) A similar type of appointment(‘‘career-type’’ appointment) in an excepted service position as determinedby the Office. A career-type appointment is an appointment in the excepted service other than an appointment:(i) To a Schedule C position established under part 213 of this chapter;(ii) To a position authorized to befilled by noncareer executive assignment under part 305 of this chapter;(iii) To a position which meets thesame criteria as a Schedule C positionor a position authorized to be filled bynon-career executive assignment; or(iv) To a position where the incumbent is traditionally changed upon achange in Presidential Administrations.(b) Senior Executive Service appointment. An employee covered by this section shall be converted to a Senior Executive Service career appointment.The employee may be assigned to ei-(a) Coverage. This section covers employees serving under an excepted appointment in a position:(1) In Schedule C of subpart C of part213 of title 5, Code of Federal Regulations;(2) Filled by noncareer executive assignment under subpart F of part 305 oftitle 5, Code of Federal Regulations;(3) In the Executive Schedule undersubchapter II of chapter 53 of title 5,United States Code, other than a career Executive Schedule position; or,(4) Filled under an authority equivalent to paragraph (a) (1), (2), or (3) ofthis section.(b) Senior Executive Service appointment. An employee covered by this section shall be subject to one of the following actions.(1) If the employee’s position is designated a ‘‘general’’ position, the agency may convert the employee to a Senior Executive Service noncareer appointment. The employee may be assigned only to a ‘‘general’’ position.(2) If the employee’s position is designated a ‘‘career reserved’’ position,the agency may convert the employeeto a Senior Executive Service noncareer appointment and assign the employee to a ‘‘general’’ position. The employee cannot remain in a ‘‘career reserved’’ position.(3) If the employee subject to§ 317.302(a) or § 317.302(d) has reinstatement eligibility to a position in thecompetitive service, or, as determinedby the Office of Personnel Management, had substantial career-orientedservice under a career-type appointment as defined in § 317.304(a)(2), theemployee may request conversion to acareer appointment. Such request mustbe made on or before the end of the notice period.(i) If the request is approved by theOffice, the agency will convert the employee to a Senior Executive Servicecareer appointment. The employeemay be assigned to a ‘‘general’’ or a‘‘career reserved’’ position. The name193VerDate Mar 15 201010:35 Mar 13, 2012Jkt 226008PO 00000Frm 00203Fmt 8010Sfmt 8010Y:\SGML\226008.XXX226008

§ 317.3065 CFR Ch. I (1–1–12 Edition)wreier-aviles on DSK7SPTVN1PROD with CFRof the individual and basis for approving the request must be published inthe FEDERAL REGISTER.(ii) If the employee’s request for conversion to career is not approved bythe Office, or if the employee elects notto make such a request, the agencywill convert the employee to a SeniorExecutive Service noncareer appointment. The employee may be assignedonly to a ‘‘general’’ position.(4) In lieu of action under paragraph(b) (1), (2), or (3) of this section, theagency may separate the employeefrom the civil service.§ 317.306 Conversionofemployeesunder time limited appointments.(a) Coverage. This section covers employees serving under:(1) A limited executive assignmentunder subpart E of part 305 of title 5,Code of Federal Regulations; or(2) A similar type of time limited appointment in an excepted service position.(b) Senior Executive Service appointment. An employee covered by this section shall be subject to one of the following actions.(1) If the position in which the employee is serving under a limited executive assignment or similar type oftime limited appointment will terminate within three years from the dateof the proposed conversion action, theagency may convert the employee to aSenior Executive Service limited termappointment.(2) If the position in which the employee is serving under a limited executive assignment or similar type oftime limited appointment will not terminate within three years from thedate of the proposed conversion action,the agency may convert the employeeto a Senior Executive Service noncareer appointment and assign the employee to a ‘‘general’’ position.(3) If the employee under a limitedexecutive assignment has reinstatement eligibility to a position in thecompetitive service, or, as determinedby the Office of Personnel Management, had substantial career-orientedservice under a career-type appointment as defined in § 317.304(a)(2), and ifimmediately prior to the limited executive assignment and without a breakin service the employee served under acareer appointment or career-type appointment in a position now being designated a Senior Executive Service position then the employee may requestconversion to a career appointment.Such request must be made on or before the end of the notice period.(i) If the employee requests conversion to career, the agency will convertthe employee to a Senior ExecutiveService career appointment. The employee may be assigned to a ‘‘general’’or a ‘‘career reserved’’ position. Thename of the individual and basis for approving the request must be publishedin the FEDERAL REGISTER.(ii) If the employee does not requestconversion to career, the agency willconvert the employee as provided for inparagraphs (b) (1) and (2) of this section.(4) In lieu of action under paragraph(b) (1), (2), or (3) of this section, theagency may separate the employeefrom the civil service.Subpart D—QualificationsStandardsSOURCE: 54 FR 9758, Mar. 8, 1989, unless otherwise noted.§ 317.401 General.(a) The head of each agency is responsible for establishing qualifications standards for Senior ExecutiveService (SES) positions in accordancewith the procedures described in thissubpart.(b) A written qualification standardmust be established for a position before any appointment is made to theposition. If a position is being filledcompetitively, the standard must beestablished before the position is announced.[54 FR 9758, Mar. 8, 1989, as amended at 60 FR6385, Feb. 2, 1995]§ 317.402 Career reserved positions.(a) The qualifications standard mustbe in writing and identify the breadthand depth of the professional/technicaland executive/managerial knowledges,skills, and abilities, or other qualifications, required for successful performance in the position.194VerDate Mar 15 201010:35 Mar 13, 2012Jkt 226008PO 00000Frm 00204Fmt 8010Sfmt 8010Y:\SGML\226008.XXX226008

Office of Personnel Management§ 317.501(b) The standard must be specificenough to enable applicants to be ratedand ranked according to their degree ofqualifications when the position isbeing filled on a competitive basis.(c) Each qualifications criterion inthe standard must be job related. Thestandard may not emphasize agency-related experience, however, to the extent that it precludes otherwise wellqualified condidates from outside theagency from appointment consideration.(d) The standard may not include—(1) A minimum length of experiencerequirement beyond that authorizedfor similar positions in the GeneralSchedule;(2) A minimum education requirement beyond that authorized for similar positions in the General Schedule;or(3) Any criterion prohibited by law orregulation.§ 317.403General positions.An agency may apply the criteria in§ 317.402 when developing qualificationsstandards for general positions. If itdoes not, OPM must be consulted before the agency develops the standard.§ 317.404 Retentionstandards.ofqualificationsIf a qualifications standard ischanged, or a position is cancelled, theformer standard shall be retained for 2years.Subpart E—Career AppointmentsSOURCE: 54 FR 9758, Mar. 8, 1989, unless otherwise noted.wreier-aviles on DSK7SPTVN1PROD with CFR§ 317.501 Recruitment and selectionfor initial SES career appointmentbe achieved from the brightest andmost diverse pool possible.(a) Executive Resources Board (ERB).The head of each agency shall appointone or more ERBs from among employees of the agency or commissioned officers of the uniformed services servingon active duty in the agency. The ERBshall, in accordance with the requirements of this section, conduct themerit staffing process for initial SEScareer appointment.(b) Recruitment. (1) As a minimum,the source of recruitment to fill a SESposition by career appointment mustinclude all groups of qualified individuals within the civil service (as definedby 5 U.S.C. 2101). It may also includequalified individuals outside the civilservice.(2) Before an agency can fill an SESvacancy by career appointment, itmust post a vacancy announcement inUSAJOBS for at least 14 calendar days,including the date of publication. Eachagency’s SES vacancy announcementmust comply with criteria in § 330.707 ofsubpart G of this chapter.(c) Merit staffing requirements. As aminimum, agencies must—(1) Provide that competition be fairand open, that all candidates competeand be rated and ranked on the samebasis, and that selection be based solely on qualifications and not on political or other non-job-related factors. Ifa candidate is a current SES career appointee or an SES reinstatement eligible, an agency may consider the candidate either competitively or noncompetitively.(2) Provide that the ERB consider theexecutive and technical qualificationsof each candidate, other than thosefound ineligible because they do notmeet the requirements of the vacancyannouncement. Preliminary qualifications screening, rating, and ranking ofcandidates may be delegated by theERB.(3) Provide that the rating procedures sufficiently differentiate amongeligible candidates on the basis of theknowledges, skills, abilities, and otherjob-related factors in the qualificationsstandard for the position so as to enable the relative ranking of the candidates. For this purpose, eligible candidates may be grouped into broad categories, such as highly qualified, wellqualified, and qualified. Numerical rating and ranking are not required.(4) Provide that the record be adequately documented to show the basisof qualifications, rating, and rankingdeterminations.(5) Provide that the ERB make written recommendations to the appointingauthority on the eligible candidatesand identify the best qualified candidates. Rating sheets may be used to195VerDate Mar 15 201010:35 Mar 13, 2012Jkt 226008PO 00000Frm 00205Fmt 8010Sfmt 8010Y:\SGML\226008.XXX226008

§ 317.5025 CFR Ch. I (1–1–12 Edition)satisfy the written recommendation requirement for individual candidates,but the ERB must certify in writingthe list of candidates to the appointingauthority.(6) Provide that the appointing authority select from among the candidates identified as best qualified bythe ERB and certify the candidate’s executive and technical qualifications.(7) Provide that the appointing authority or the ERB certify in writingthat appropriate merit staffing procedures were followed.(d) Retention of documentation. Agencies must keep such documentation asOPM prescribes for 2 years to permitreconstruction of merit staffing actions.(e) Applicant inquiries and appeals. Individuals are entitled to obtain information from an agency regarding theprocess used to recruit and select candidates for career appointment to SESpositions. Upon request, applicantsmust be told whether they were considered qualified for the position andwhether they were referred for appointment consideration. Also, they mayhave access to questionnaires or otherwritten material regarding their ownqualifications, except for material thatwould identify a confidential source.There is no right of appeal by applicants to OPM on SES staffing actionstaken by ERBs, Qualifications ReviewBoards, or appointing authorities.(f) OPM review. OPM may review proposed career appointments to ensurethat they comply with all merit staffing requirements and are free of anyimpropriety. An agency shall take suchaction as OPM may require to correctan action contrary to any law, rule, orregulation.[54 FR 9758, Mar. 8, 1989, as amended at 58 FR58261, Nov. 1, 1993; 60 FR 6385, Feb. 2, 1995; 65FR 33740, May 25, 2000; 66 FR 63906, Dec. 11,2001]wreier-aviles on DSK7SPTVN1PROD with CFR§ 317.502 Qualifications Review Boardcertification.(a) A Qualification Review Board(QRB) convened by OPM must certifythe executive/managerial qualifications of a candidate before initial career appointment may be made to anSES position. More than one-half ofthe members of a QRB must be SES career appointees.(b) Agency requests for certificationof a candidate by a QRB must containsuch information as prescribed byOPM, including evidence that meritstaffing procedures were followed andthat the appointing authority has certified the candidate’s qualifications forthe position.(c) Qualifications Review Board certification of executive qualificationsjust be based on demonstrated executive experience; successful completionof an OPM-approved candidate development program; or possession of specialor unique qualities that indicate alikelihood of executive success. Anyexisting time limit on a previously approved certification is removed.(d) OPM may de

317.402 Career reserved positions. 317.403 General positions. 317.404 Retention of qualifications stand-ards. Subpart E—Career Appointments 317.501 Recruitment and selection for initial SES career appointment be achieved from the brightest and most diverse pool possible. 317.502 Qualifications Review Board certifi-cation. 317.503 Probationary .