Title 5 — Government Organization and EmployeesRelease 119-73not60
§3394 Noncareer and Limited Appointments
Title 5 › Part III— EMPLOYEES › Subpart B— Employment and Retention › Chapter 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter VIII— APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE › § 3394
Summary
Noncareer, limited-term, and limited-emergency appointees must meet qualifications that are written down by the hiring official, and agencies need the Office of Personnel Management’s (OPM) prior approval to make limited-term or limited-emergency appointments.
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 5 — Government Organization and Employees
Last Updated
Apr 3, 2026
Release point: 119-73not60