5 USC § 3394 - Noncareer and limited appointments

---
identifier: "/us/usc/t5/s3394"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 3394 - Noncareer and limited appointments"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "3394"
section_name: "Noncareer and limited appointments"
chapter_number: 33
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
subchapter_number: "VIII"
subchapter_name: "APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1162.)"
---


# § 3394. Noncareer and limited appointments

**(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.

---

**Source Credit**: (Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1162.)

## Editorial Notes

### Prior Provisions

A prior section 3394, added , , , which related to personnel ceilings, was renumbered as  by , , .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 9 months after , and congressional review of provisions of sections 401 through 412 of , see section 415(a)(1), (b) of , set out as an Effective Date note under .