Title 5, Government Organization and EmployeesRelease 119-102

§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

Last updated Aug 21, 2026|Official source

Summary

OPM and any agency that gives federal competitive service exams must not require a specific level of education just to take the test. They can only require a degree or similar education if they decide the job is scientific, technical, or professional and cannot be done without that education. If they do require it, they must put their reasons on public record.

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

Aug 21, 2026

Release point: 119-102