5 USC § 3308 - Competitive service; examinations; educational requirements prohibited; exceptions

---
identifier: "/us/usc/t5/s3308"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 3308 - Competitive service; examinations; educational requirements prohibited; exceptions"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "3308"
section_name: "Competitive service; examinations; educational requirements prohibited; exceptions"
chapter_number: 33
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
subchapter_number: "I"
subchapter_name: "EXAMINATION, CERTIFICATION, AND APPOINTMENT"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)"
---


# § 3308. Competitive service; examinations; educational requirements prohibited; exceptions

The Office of Personnel Management or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Office decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Office shall make the reasons for its decision under this section a part of its public records.

---

**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| --- | --- | --- |
|  | 5 U.S.C. 854 (less 1st 2 sentences). | June 27, 1944, ch. 287, § 5 (less 1st 2 sentences), 58 Stat. 388. |

The prohibition is restated in positive form. The words “The Civil Service Commission or other examining agency” are added because these are the only agencies to which the prohibition could apply.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

## Editorial Notes

### Amendments

1978— substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1978 Amendment

Amendment by  effective 90 days after , see , set out as a note under .