Title 5 — Government Organization and EmployeesRelease 119-73not60
§3308 Competitive Service; Examinations; Educational Requirements Prohibited; Exceptions
Title 5 › Part III— EMPLOYEES › Subpart B— Employment and Retention › Chapter 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter I— EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3308
Summary
OPM and exam agencies cannot set a minimum education for competitive exams unless OPM finds it needed for scientific, technical, or professional jobs; OPM must publish its reasons.
Full Legal Text
Title 5, §3308
Government Organization and Employees — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised 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—Pub. L. 95–454 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 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Reference
Citations & Metadata
Citation
5 U.S.C. § 3308
Title 5 — Government Organization and Employees
Last Updated
Apr 3, 2026
Release point: 119-73not60