Title 5, Government Organization and EmployeesRelease 119-102

§9813 Limited Appointments to Senior Executive Service Positions

Title 5 › PART III — EMPLOYEES › Subpart I — Miscellaneous › CHAPTER 98 — NATIONAL AERONAUTICS AND SPACE ADMINISTRATION › § 9813

Last updated Aug 21, 2026|Official source

Summary

Allows the Administrator to put people into Senior Executive Service (SES) jobs on temporary or emergency appointments and sets limits and rules for those hires. Key terms: career reserved position — an SES job usually for career officials but sometimes filled by certain limited appointees; limited emergency appointee — defined in section 3132; limited term appointee — someone hired to meet a genuine temporary need, as the Administrator decides. No more than 10 percent of the Administration’s career reserved SES slots may be filled by those limited appointees. Limited term appointments can be up to 4 years for jobs that end then, or up to 1 year for continuing jobs. In rare cases, the Administrator can extend those limits by up to 2 years (for the 4‑year type) or 1 year (for the 1‑year type). Limited term appointees who came from career jobs outside the SES get reemployment rights under OPM rules, and OPM can place them. They may be reassigned under the same time rules but may not serve more than 1 year in continuing slots unless a rare 1‑year extension is approved. No one may serve more than 7 consecutive years in combined limited appointments. Limited term appointees may receive performance awards on the same terms and amounts as career appointees.

Full Legal Text

Title 5, §9813

Government Organization and Employees, Source: USLM XML via OLRC

(a)In this section—
(1)the term “career reserved position” means a position in the Administration designated under section 3132(b) which may be filled only by—
(A)a career appointee; or
(B)a limited emergency appointee or a limited term appointee—
(i)who, immediately before entering the career reserved position, was serving under a career or career-conditional appointment outside the Senior Executive Service; or
(ii)whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management;
(2)the term “limited emergency appointee” has the meaning given under section 3132; and
(3)the term “limited term appointee” means an individual appointed to a Senior Executive Service position in the Administration to meet a bona fide temporary need, as determined by the Administrator.
(b)The number of career reserved positions which are filled by an appointee as described under subsection (a)(1)(B) may not exceed 10 percent of the total number of Senior Executive Service positions allocated to the Administration.
(c)Notwithstanding section 3132 and 3394(b)—
(1)the Administrator may appoint an individual to any Senior Executive Service position in the Administration as a limited term appointee under this section for a period of—
(A)4 years or less to a position the duties of which will expire at the end of such term; or
(B)1 year or less to a position the duties of which are continuing; and
(2)in rare circumstances, the Administrator may authorize an extension of a limited appointment under—
(A)paragraph (1)(A) for a period not to exceed 2 years; and
(B)paragraph (1)(B) for a period not to exceed 1 year.
(d)A limited term appointee who has been appointed in the Administration from a career or career-conditional appointment outside the Senior Executive Service shall have reemployment rights in the agency from which appointed, or in another agency, under requirements and conditions established by the Office of Personnel Management. The Office shall have the authority to direct such placement in any agency.
(e)Notwithstanding section 3394(b) and section 3395—
(1)a limited term appointee serving under a term prescribed under this section may be reassigned to another Senior Executive Service position in the Administration, the duties of which will expire at the end of a term of 4 years or less; and
(2)a limited term appointee serving under a term prescribed under this section may be reassigned to another continuing Senior Executive Service position in the Administration, except that the appointee may not serve in 1 or more positions in the Administration under such appointment in excess of 1 year, except that in rare circumstances, the Administrator may approve an extension up to an additional 1 year.
(f)A limited term appointee may not serve more than 7 consecutive years under any combination of limited appointments.
(g)Notwithstanding section 5384, the Administrator may authorize performance awards to limited term appointees in the Administration in the same amounts and in the same manner as career appointees.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9813

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102