§ 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.