Title 5, Government Organization and EmployeesRelease 119-102

§9810 Distinguished Scholar Appointment Authority

Title 5 › PART III — EMPLOYEES › Subpart I — Miscellaneous › CHAPTER 98 — NATIONAL AERONAUTICS AND SPACE ADMINISTRATION › § 9810

Last updated Aug 21, 2026|Official source

Summary

The Administration can hire top recent graduates directly into certain General Schedule professional jobs that were publicly advertised under Office of Personnel Management rules. It may do this without following some usual competitive hiring laws, but it must give hiring-preference candidates priority and follow the rest of the rules in the section. A "professional position" is a job that needs college-level training in an occupation and fits OPM’s professional qualification standards. A "research position" is a professional job that is mainly scientific research and usually needs graduate study. For GS–7 jobs the person must have earned a bachelor’s degree within 2 years before hiring, have at least a 3.0 overall GPA, and at least a 3.5 GPA in required courses for the job. For GS–9 and GS–11 jobs the person must have earned a graduate degree within 2 years before hiring and have at least a 3.5 GPA in the graduate coursework required for the job. For a GS–12 research job the person must have a graduate degree earned within 2 years and a 3.5 GPA in the required graduate coursework. Appointments made this way are career-conditional in the competitive civil service.

Full Legal Text

Title 5, §9810

Government Organization and Employees, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (b), is set out under section 5332 of this title.

Amendments

2024—Subsec. (b). Pub. L. 118–188 substituted “3304(h)” for “3304(b)” in introductory provisions.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9810

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102