The Merit System Protection Board recently issued two decisions addressing the Outstanding Scholar Program: Dean v. Department of Agriculture, and Olson v. Department of Veterans Affairs, http://www.mspb.gov/decisions/2006/dean_at030076r1_and_olson_ch010706r1.html
These cases involve a consent decree entered by a United States District Court in an action in which many other Federal agencies were named as defendants. Each agency should confer with its own general counsel about the implication of this decision for their agency’s own hiring practices. OPM previously suspended its own use of this authority.
Further historical information regarding Outstanding Scholar and Bilingual/Bicultural Programs (Luevano Consent Decree) can be found at www.opm.gov/employ/luevano-archive.asp.