---
kind: "section"
citation: "5 U.S.C. § 9810"
title: "5"
title_heading: "Government Organization and Employees"
number: "9810"
heading: "Distinguished scholar appointment authority"
release: "119-102"
url: "https://uscodex.org/usc/5/9810"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 98 — National Aeronautics and Space Administration"
---

# §9810. Distinguished scholar appointment authority

- (a) In this section—
  - (1) the term “professional position” means a [position](/usc/5/5531.md?p=2) that is classified to an occupational series identified by the Office of Personnel Management as a [position](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2); and
  - (2) the term “research position” means a [position](/usc/5/5531.md?p=2) 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](/usc/5/9801.md?p=1) may appoint, without regard to the provisions of [section 3304(h)](/usc/5/3304.md?p=h) and [sections 3309 through 3318](/usc/5/3309..3318.md), but subject to [subsection (c)](#c), candidates directly to General Schedule professional, competitive [service](/usc/5/8331.md?p=12) [positions](/usc/5/5531.md?p=2) in the [Administration](/usc/5/9801.md?p=1) for which public notice has been given (in accordance with regulations of the Office of Personnel Management), if—
  - (1) with respect to a [position](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2);
  - (2) with respect to a [position](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2);
  - (3) with respect to a [position](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2); or
  - (4) with respect to a [research position](#a-2) 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](/usc/5/5531.md?p=2) 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](/usc/5/5531.md?p=2).
- (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](/usc/5/7103.md?p=a-6) shall be a career-conditional appointment in the competitive civil [service](/usc/5/8331.md?p=12).

## 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.)

## Notes

### 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.