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5 U.S.C. § 9810 — Distinguished scholar appointment authority

submitted 22 years ago by Pub. L. 108-201 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 636 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Administration may directly appoint qualifying candidates to publicly announced professional competitive-service positions. The candidates must meet specified recent-degree and grade-point requirements, including degrees from accredited institutions authorized to grant the relevant degrees; qualifying preference eligibles are considered first, and the appointments are career-conditional.

(a) In this section—(1) “professional position” means a position in an occupational series that the Office of Personnel Management identifies as a position that (A) requires education and training in the occupation’s principles, concepts, and theories that usually can be gained only by completing a specified curriculum at a recognized college or university and (B) is covered by the Group Coverage Qualification Standard for Professional and Scientific Positions; and (2) “research position” means a position in a professional series that mainly involves scientific inquiry or investigation, or research-type exploratory development of a creative or scientific nature, where the knowledge needed to perform the work successfully is usually and mainly acquired through graduate study. (b) Subject to subsection (c), the Administration may appoint candidates directly, without applying section 3304(h) or sections 3309 through 3318, to publicly announced General Schedule professional competitive-service positions in the Administration if—(1) for a GS-7 position, the individual (A) received within 2 years before the appointment’s effective date, from an accredited institution authorized to grant baccalaureate degrees, a baccalaureate degree in a field whose degree and academic achievements meet OPM’s qualification standards for the position, and (B) earned a cumulative grade-point average of at least 3.0 on a 4.0 scale and at least 3.5 for courses in the field required for the position; (2) for a GS-9 position, the individual (A) received within that 2-year period, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field whose degree meets OPM’s qualification standards at that grade for the position, and (B) earned a cumulative grade-point average of at least 3.5 on a 4.0 scale in graduate coursework in the field required for the position; (3) for a GS-11 position, the individual (A) received within that 2-year period, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field whose degree meets OPM’s qualification standards at that grade for the position, and (B) earned a cumulative grade-point average of at least 3.5 on a 4.0 scale in graduate coursework in the field required for the position; or (4) for a research position at GS-12, the individual (A) received within that 2-year period, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field whose degree meets OPM’s qualification standards at that grade for the position, and (B) earned a cumulative grade-point average of at least 3.5 on a 4.0 scale in graduate coursework in the field required for the position. (c) When making selections under this section, preference eligibles who meet the criteria for distinguished-scholar appointments must be considered before nonpreference eligibles. (d) An appointment made under this authority is a career-conditional appointment in the competitive civil service.

the actual law source: uscode.house.gov ↗public domain
(a)

In this section—

(1)

the term “professional position” means a position that is classified to an occupational series identified by the Office of Personnel Management as a position that—

(A)

requires education and training in the principles, concepts, and theories of the occupation that typically can be gained only through completion of a specified curriculum at a recognized college or university; and

(B)

is covered by the Group Coverage Qualification Standard for Professional and Scientific Positions; and

(2)

the term “research position” means a position in a professional series that primarily involves scientific inquiry or investigation, or research-type exploratory development of a creative or scientific nature, where the knowledge required to perform the work successfully is acquired typically and primarily through graduate study.

(b)

The Administration may appoint, without regard to the provisions of section 3304(h) and sections 3309 through 3318, but subject to subsection (c), candidates directly to General Schedule professional, competitive service positions in the Administration for which public notice has been given (in accordance with regulations of the Office of Personnel Management), if—

(1)

with respect to a position at the GS–7 level, the individual—

(A)

received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant baccalaureate degrees, a baccalaureate degree in a field of study for which possession of that degree in conjunction with academic achievements meets the qualification standards as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

(B)

achieved a cumulative grade point average of 3.0 or higher on a 4.0 scale and a grade point average of 3.5 or higher for courses in the field of study required to qualify for the position;

(2)

with respect to a position at the GS–9 level, the individual—

(A)

received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

(B)

achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position;

(3)

with respect to a position at the GS–11 level, the individual—

(A)

received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

(B)

achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position; or

(4)

with respect to a research position at the GS–12 level, the individual—

(A)

received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and

(B)

achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position.

(c)

In making any selections under this section, preference eligibles who meet the criteria for distinguished scholar appointments shall be considered ahead of nonpreference eligibles.

(d)

An appointment made under this authority shall be a career-conditional appointment in the competitive civil service.

Source credit: (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 470; amended Pub. L. 118–188, § 2(a)(2)(A)(ii), Dec. 23, 2024, 138 Stat. 2645.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-201 · 118 Stat. 470
  • 2024Amended · Pub. L. 118-188 · 138 Stat. 2645

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-201 on 2004-02-24.

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