§3949 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Limited appointments in the Service cannot last more than 5 years and cannot be renewed except in certain cases. An appointment that is for one year or less is called a temporary appointment. Exceptions that allow a limited appointment to be extended include being a consular agent; extensions under section 3951(a); being a career candidate when continued work is needed to fix a grievance or when the appointment ends while the person is serving in the uniformed services; serving as a career employee detailed from another agency; being a foreign national employee; and rare situations where the Secretary can extend a noncareer appointment for up to 1 year or extend a career candidate only as long as needed to resolve a grievance, claim, investigation, or complaint. Noncareer employees who have served 5 consecutive years under a limited appointment may be given another noncareer limited appointment only after at least a 1-year break. The Secretary can waive that 1-year break if there is a special need.

Title 22, §3949

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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).

§3949 Limited Appointments

Summary

Title 22, §3949

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata