5 U.S.C. § 3394

Noncareer and limited appointments

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(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.(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1162.)Editorial NotesPrior Provisions

A prior section 3394, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to personnel ceilings, was renumbered as section 3404 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Donald LaVoy v. Dep't of Agric. (MSPB 2024).

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Donald LaVoy v. Dep't of Agric. (MSPB 2024). · cites it 4× “In so concluding, she reasoned that it was undisputed that the appellant had been appointed to an excepted service, noncareer SES position pursuant to 5 U.S.C. § 3394 (a) 3 and, therefore, that he could have been removed at any time.”

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