---
kind: "section"
citation: "5 U.S.C. § 3312"
title: "5"
title_heading: "Government Organization and Employees"
number: "3312"
heading: "Preference eligibles; physical qualifications; waiver"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3312"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter I — Examination, Certification, and Appointment"
---

# §3312. Preference eligibles; physical qualifications; waiver

- (a) In determining qualifications of a preference [eligible](/usc/5/4701.md?p=a-3) for examination for, appointment in, or reinstatement in the competitive [service](/usc/5/8401.md?p=26), the [Office](/usc/5/5402.md?p=3) of Personnel Management or other examining [agency](/usc/5/3132.md?p=a-1) shall waive—
  - (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the [position](/usc/5/5102.md?p=a-3); and
  - (2) physical requirements if, in the opinion of the [Office](/usc/5/5402.md?p=3) or other examining [agency](/usc/5/3132.md?p=a-1), after considering the recommendation of an accredited physician, the preference [eligible](/usc/5/4701.md?p=a-3) is physically able to perform efficiently the duties of the [position](/usc/5/5102.md?p=a-3).
- (b) If an examining [agency](/usc/5/3132.md?p=a-1) determines that, on the basis of evidence before it, a preference [eligible](/usc/5/4701.md?p=a-3) under [section 2108(3)(C) of this title](/usc/5/2108.md?p=3-C) who has a compensable [service](/usc/5/8401.md?p=26)-connected disability of 30 percent or more is not able to fulfill the physical requirements of the [position](/usc/5/5102.md?p=a-3), the examining [agency](/usc/5/3132.md?p=a-1) shall notify the [Office](/usc/5/5402.md?p=3) of the determination and, at the same time, the examining [agency](/usc/5/3132.md?p=a-1) shall notify the preference [eligible](/usc/5/4701.md?p=a-3) of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the [Office](/usc/5/5402.md?p=3). The [Office](/usc/5/5402.md?p=3) shall require a demonstration by the [appointing authority](/usc/5/9201.md?p=2) that the notification was timely sent to the preference [eligible](/usc/5/4701.md?p=a-3)’s last known address and shall, before the selection of any other [person](/usc/5/7103.md?p=a-1) for the [position](/usc/5/5102.md?p=a-3), make a final determination on the physical ability of the preference [eligible](/usc/5/4701.md?p=a-3) to perform the duties of the [position](/usc/5/5102.md?p=a-3), taking into [account](/usc/5/8401.md?p=1) any additional information provided in any such response. When the [Office](/usc/5/5402.md?p=3) has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the [appointing authority](/usc/5/9201.md?p=2) and the preference [eligible](/usc/5/4701.md?p=a-3). The [appointing authority](/usc/5/9201.md?p=2) shall comply with the findings of the [Office](/usc/5/5402.md?p=3). The functions of the [Office](/usc/5/5402.md?p=3) under this subsection may not be delegated.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 95–454, title III, § 307(c), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1148, 1224.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 854 (1st 2 sentences, less so much as relates to promotion, retention, and transfer). | June 27, 1944, ch. 287, § 5 (1st 2 sentences, less so much as relates to promotion, retention, and transfer), 58 Stat. 388. |

The section is restated for clarity and conciseness. The words “for which examination is given” and “for which the examination is given” are omitted as surplusage. The application of this section to the excepted service in the executive branch and the government of the District of Columbia is preserved by section 3320.

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 designated existing provisions as subsec. (a), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, and added subsec. (b).

### 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.