5 USC 3308: Competitive service; examinations; educational requirements prohibited; exceptions
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5 USC 3308: Competitive service; examinations; educational requirements prohibited; exceptions Text contains those laws in effect on November 23, 2024
From Title 5-GOVERNMENT ORGANIZATION AND EMPLOYEESPART III-EMPLOYEESSubpart B-Employment and RetentionCHAPTER 33-EXAMINATION, SELECTION, AND PLACEMENTSUBCHAPTER I-EXAMINATION, CERTIFICATION, AND APPOINTMENT
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§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.

( 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 .)

Historical and Revision Notes
DerivationU.S. CodeRevised Statutes and

Statutes 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 Amendment

Amendment 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.