22 U.S.C. § 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 — (1) as a consular agent; (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 Amendments 2016—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).

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