22 U.S.C. § 3949

Limited appointments

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(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. 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 NotesAmendments

2016—Subsec. (a). Pub. L. 114–323, § 409(1), substituted “subsections (b) and (c)” for “subsection (b)”.

Subsec. (b)(3). Pub. L. 114–323, § 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. 114–323, § 409(2)(B)–(D), added par. (6).

Subsec. (c). Pub. L. 114–323, § 409(3), added subsec. (c).

1994—Subsec. (b)(5). Pub. L. 103–236, as amended by Pub. L. 103–415, added par. (5).

1987—Pub. L. 100–204 designated existing provisions as subsec. (a), substituted “subsection (b)” for “section 3951(a) of this title”, and added subsec. (b).

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1985–2025 · leading case: Willene Daniels v. Charles Z. Wick, Dir., U.S. Info. Agency, 812 F.2d 729 (D.C. Cir. 1987).
Willene Daniels v. Charles Z. Wick, Dir., U.S. Info. Agency, 812 F.2d 729 (D.C. Cir. 1987). · cites it 4× “” 22 U.S.C. § 3949 . The Act also provides a generous grievance procedure, under the aegis of the grievance board that “shall consist of no fewer than [five] members who shall be independent, distinguished citizens of the United States, well known for their integrity, who are…”
Daniels v. Wick, 655 F. Supp. 26 (D.D.C. 1985). · cites it 4× “See 22 U.S.C. § 3949 (1982). Plaintiff’s first overseas assignment was to Brazil as a Junior Officer Trainee.”
J.M. Miller v. James A. Baker, Iii, in His Capacity as Sec'y of State, 969 F.2d 1098 (D.C. Cir. 1992). · cites it 2× “In April of 1988, the State Department informed her that she had not qualified for tenure, and that she would be separated, pursuant to 22 U.S.C. § 3949 , from the Department in June of that year.”
Julie Beberman v. Antony Blinken, 61 F.4th 978 (D.C. Cir. 2023). “We thus affirm the district court’s decision to dismiss Beberman’s backpay claim, and we dismiss Beberman’s appeal of her interim-relief claims as moot. I Career candidates in the United States Foreign Service are hired for a limited term but become eligible for permanent…”
Walter J. Thomas v. James Baker, in His Off. Capacity as Sec'y of State, 925 F.2d 1523 (D.C. Cir. 1991). “22 U.S.C. § 3949 (a). During their probationary period, the candidates are evaluated and annually ranked within their salary class.”
Miller v. Baker, 749 F. Supp. 293 (D.D.C. 1990). “FSA § 309(a), codified at 22 U.S.C. § 3949 (a). In 1983, plaintiffs limited appointment was extended for an additional five years.”
Beberman v. Blinken (D.D.C. 2024). · cites it 2× “1; 22 U.S.C. § 3949 (a). Up to three tenure boards could consider her for tenure through a review of her official employee file, which would include her evaluations and awards.”
Beberman v. Rubio (D.D.C. 2025). · cites it 2× “” 22 U.S.C. § 3949 (a). When that trial period ends, the candidate either receives tenure or is “separated from the Foreign Service.”
Beberman v. Blinken (D.D.C. 2025). “1; 22 U.S.C. § 3949 (a). Three tenure boards considered Beberman for tenure by reviewing 1 Citations to Appendix G of the Foreign Affairs Manual refer to the version in effect in 2011 and 2012.”
Meaning of \Temp.\" Work Under 8 U.S.C. § 1101(a)(15)(H)(ii)(b)" (OLC 2008). “1350 , 1380 (2002) (defining “temporary appointment” to mean an “appointment that is limited by its terms to a period of one year or less”); 22 U.S.C. § 3949 (a) (2006) (defining as a “temporary appointment” in the foreign service an appointment “which is limited by its terms to…”
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