Section 3949 - Limited appointments(a) A limited appointment in the Service, including an appointment of an individual who is an employee of an agency, may not exceed 5 years in duration and, except as provided in subsections (b) and (c), may not be extended or renewed. A limited appointment in the Service which is limited by its terms to a period of one year or less is a temporary appointment.(b) A limited appointment may be extended for continued service-(2) in accordance with section 3951(a) of this title;(3) as a career candidate, if-(A) continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI; or(B) the individual is serving in the uniformed services (as defined in section 4303 of title 38) and the limited appointment expires in the course of such service;(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency;(5) as a foreign national employee;(6) in exceptional circumstances if the Secretary determines the needs of the Service require the extension of-(A) a limited noncareer appointment for a period not to exceed 1 year; or(B) a limited appointment of a career candidate for the minimum time needed to resolve a grievance, claim, investigation, or complaint not otherwise provided for in this section.(c)(1) Except as provided in paragraph (2) noncareer employees who have served for 5 consecutive years under a limited appointment under this section may be reappointed to a subsequent noncareer limited appointment if there is at least a 1-year break in service before such new appointment.(2) The Secretary may waive the 1-year break requirement under paragraph (1) in cases of special need.Pub. L. 96-465, title I, §309, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100-204, title I, §176, Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103-236, title I, §180(a)(1), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103-415, §1(hh), Oct. 25, 1994, 108 Stat. 4303; Pub. L. 114-323, title IV, §409, Dec. 16, 2016, 130 Stat. 1930.EDITORIAL NOTES
AMENDMENTS2016-Subsec. (a). Pub. L. 114-323, §409(1), substituted "subsections (b) and (c)" for "subsection (b)".Subsec. (b)(3). Pub. L. 114-323, §409(2)(A), substituted "if-" for "if", inserted subpar. (A) designation before "continued service" and "or" after semicolon at end, and added subpar. (B).Subsec. (b)(6). Pub. L. 114-323, §409(2)(B)-(D), added par. (6).Subsec. (c). Pub. L. 114-323, §409(3), added subsec. (c).1994-Subsec. (b)(5). Pub. L. 103-236 as amended by Pub. L. 103-415 added par. (5). 1987- Pub. L. 100-204 designated existing provisions as subsec. (a), substituted "subsection (b)" for "section 3951(a) of this title", and added subsec. (b).
- agency
- "agency" means an agency as defined in section 552(e) 1 of title 5;