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    5 USC Sec. 9810                                             01/03/2007

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    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES


    PART III - EMPLOYEES


    Subpart I - Miscellaneous


    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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    Sec. 9810. Distinguished scholar appointment authority

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      (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(b) 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.

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    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 470.)

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                            REFERENCES IN TEXT                        


      The General Schedule, referred to in subsec. (b), is set out


    under section 5332 of this title.