
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3308]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 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, 
Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 854 (less 1st 2      June 27, 1944, ch.
                      sentences).                   287, Sec.  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.


                               Amendments

    1978--Pub. L. 95-454 substituted ``Office of Personnel Management'' 
and ``Office'' for ``Civil Service Commission'' and ``Commission'', 
respectively, wherever appearing.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 3320 of this title; title 22 
section 1438.
