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LegalText 22 U.S.C. § 3949 Limited appointments us united_states_code code_section 22 FOREIGN RELATIONS AND INTERCOURSE 52 FOREIGN SERVICE 3949 22 U.S.C. § 3949 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip /us/usc/t22/s3949 data/legal/raw/us/code/title-22/usc22.xml e446ed9d3466413f3aab8c78ea4acb9865069e6200909c9c76714209cd3d3eda b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83 e754d9fed77f86c7c37267203c795c05f571d08473e42507a618ea133de6a24c 2026-07-04 official
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22 U.S.C. § 3949 - Limited appointments

Text

(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.

(Pub. L. 96465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100204, title I, § 176, Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103236, title I, § 180(a)(1), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103415, § 1(hh), Oct. 25, 1994, 108 Stat. 4303; Pub. L. 114323, title IV, § 409, Dec. 16, 2016, 130 Stat. 1930.)

Notes

Editorial Notes

Amendments2016—Subsec. (a). Pub. L. 114323, § 409(1), substituted “subsections (b) and (c)” for “subsection (b)”. Subsec. (b)(3). Pub. L. 114323, § 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. 114323, § 409(2)(B)(D), added par. (6). Subsec. (c). Pub. L. 114323, § 409(3), added subsec. (c). 1994—Subsec. (b)(5). Pub. L. 103236, as amended by Pub. L. 103415, added par. (5). 1987—Pub. L. 100204 designated existing provisions as subsec. (a), substituted “subsection (b)” for “section 3951(a) of this title”, and added subsec. (b).