Title 5Government Organization and EmployeesRelease 119-73

§3394 Noncareer and limited appointments

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER VIII— - APPOINTMENT, RE­ASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE › § 3394

Last updated Apr 6, 2026|Official source

Summary

Noncareer appointees, limited term appointees, and limited emergency appointees must have the skills and qualifications required for the job, and the official who makes the hire must put that decision in writing. No one can be hired as a limited term appointee or a limited emergency appointee unless the Office of Personnel Management has approved using that hiring authority beforehand.

Full Legal Text

Title 5, §3394

Government Organization and Employees — Source: USLM XML via OLRC

(a)Each noncareer appointee, limited term appointee, and limited emergency appointee shall meet the qualifications of the position to which appointed, as determined in writing by the appointing authority.
(b)An individual may not be appointed as a limited term appointee or as a limited emergency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3394, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to personnel ceilings, was renumbered as section 3404 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an

Effective Date

note under section 3131 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3394

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73