{"identifier":"/us/usc/t22/s3949","title":22,"num":"\u00a7\u202f3949.","heading":"Limited appointments","text":"\u00a7\u202f3949.\nLimited appointments\n(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.\n(b) A limited appointment may be extended for continued service\u2014\n(1) as a consular agent;\n(2) in accordance with\nsection 3951(a) of this title\n(3) as a career candidate, if\u2014\n(A) continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI; or\n(B) the individual is serving in the uniformed services (as defined in\nsection 4303 of title 38\n(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency;\n(5) as a foreign national employee;\n(6) in exceptional circumstances if the Secretary determines the needs of the Service require the extension of\u2014\n(A) a limited noncareer appointment for a period not to exceed 1 year; or\n(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.\n(c)\n(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.\n(2) The Secretary may waive the 1-year break requirement under paragraph (1) in cases of special need.","url":"https://projectusc.org/usc/t22/s3949.html","content":[{"t":"sec","id":"/us/usc/t22/s3949","children":[{"t":"num","text":"\u00a7\u202f3949."},{"t":"heading","text":"Limited appointments"},{"t":"subsec","id":"/us/usc/t22/s3949/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s3949/b","children":[{"t":"num","text":"(b)"},{"t":"chapeau","text":" A limited appointment may be extended for continued service\u2014"},{"t":"para","id":"/us/usc/t22/s3949/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" as a consular agent;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s3949/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" in accordance with ","children":[{"t":"ref","text":"section 3951(a) of this title","href":"/us/usc/t22/s3951/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s3949/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" as a career candidate, if\u2014"},{"t":"subpara","id":"/us/usc/t22/s3949/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s3949/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the individual is serving in the uniformed services (as defined in ","children":[{"t":"ref","text":"section 4303 of title 38","href":"/us/usc/t38/s4303","tail":") and the limited appointment expires in the course of such service;"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s3949/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s3949/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" as a foreign national employee;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s3949/b/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" in exceptional circumstances if the Secretary determines the needs of the Service require the extension of\u2014"},{"t":"subpara","id":"/us/usc/t22/s3949/b/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a limited noncareer appointment for a period not to exceed 1 year; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s3949/b/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s3949/c","children":[{"t":"num","text":"(c)"},{"t":"para","id":"/us/usc/t22/s3949/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s3949/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The Secretary may waive the 1-year break requirement under paragraph (1) in cases of special need.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}