22 USC § 3949 - Limited appointments

---
identifier: "/us/usc/t22/s3949"
source: "usc"
legal_status: "official_prima_facie"
title: "22 USC § 3949 - Limited appointments"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
section_number: "3949"
section_name: "Limited appointments"
chapter_number: 52
chapter_name: "FOREIGN SERVICE"
subchapter_number: "III"
subchapter_name: "APPOINTMENTS"
positive_law: false
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 176, Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103–236, title I, § 180(a)(1), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(hh), Oct. 25, 1994, 108 Stat. 4303; Pub. L. 114–323, title IV, § 409, Dec. 16, 2016, 130 Stat. 1930.)"
---


# § 3949. Limited appointments

**(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.

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**Source Credit**: (Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 176, Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103–236, title I, § 180(a)(1), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(hh), Oct. 25, 1994, 108 Stat. 4303; Pub. L. 114–323, title IV, § 409, Dec. 16, 2016, 130 Stat. 1930.)

## Editorial Notes

### Amendments

2016—Subsec. (a). , substituted “subsections (b) and (c)” for “subsection (b)”.

Subsec. (b)(3). , substituted “if—” for “if”, inserted subpar. (A) designation before “continued service” and “or” after semicolon at end, and added subpar. (B).

Subsec. (b)(6). –(D), added par. (6).

Subsec. (c). , added subsec. (c).

1994—Subsec. (b)(5). , as amended by , added par. (5).

1987— designated existing provisions as subsec. (a), substituted “subsection (b)” for “”, and added subsec. (b).