§ 3949. Limited appointments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 309 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 3949

   Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086

   Enacted provision · exact public law section
   Sec. 309. Limited Appointments.— 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 section 311(a), 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.

2. 1987

   Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

   Pub. L. 100–204 title I § 176 · 101 Stat. 1331

   1. Amended · 22 U.S.C. § 3949

      Pub. L. 100–204 designated existing provisions as subsec. (a)

   2. Substituted · 22 U.S.C. § 3949

      Pub. L. 100–204 substituted “subsection (b)” for “section 3951(a) of this title”

   3. Added · 22 U.S.C. § 3949

      Pub. L. 100–204 added subsec. (b)

   Source evidence

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

   Enacted provision · exact public law section
   SEC. 176. EXTENSION OF LIMITED APPOINTMENTS. Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is amended— (1) by striking out “section 311(a)” and inserting in lieu thereof “subsection (b)”; (2) by inserting “(a)” after “Limited Appointments.—”; and (3) by adding at the end the following new subsection: “(b) A limited appointment may be extended for continued service— “(1) as a consular agent; “(2) in accordance with section 311(a); “(3) as a career candidate, if continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under chapter 11; and “(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency.”.

3. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 180(a)(1) · 108 Stat. 382

   1. Amended · 22 U.S.C. § 3949(b)(5)

      Pub. L. 103–236, as amended by Pub. L. 103–415

   2. Added · 22 U.S.C. § 3949(b)(5)

      Pub. L. 103–236, as added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 103–236, as amended by Pub. L. 103–415, added par. (5).

   Enacted provision · exact public law section
   (1) Section 309(b) of such Act is amended— 22 USC 3949. (A) by striking “and” at the end of paragraph (3); (B) by striking the period at the end of paragraph (4); and (C) by inserting at the end “; and (5) as a foreign national employee”.

4. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 § 409(1) · 130 Stat. 1905

   Substituted · 22 U.S.C. § 3949(a)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “subsection (b)” and inserting “subsections (b) and (c)”;

5. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 § 409(2)(A) · 130 Stat. 1905

   1. Substituted · 22 U.S.C. § 3949(b)(3)

      Pub. L. 114–323, § 409(2)(A), substituted “if—” for “if”

   2. Inserted · 22 U.S.C. § 3949(b)(3)

      Pub. L. 114–323, § 409(2)(A), inserted subpar. (A) designation before “continued service” and “or” after semicolon at end

   3. Added · 22 U.S.C. § 3949(b)(3)

      Pub. L. 114–323, § 409(2)(A), added subpar. (B)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (A) in paragraph (3)— (i) by striking “if continued service” and inserting the following: “if— “(A) continued service” ; (ii) in such subparagraph (A) (as so inserted and designated by clause (i) of this subparagraph), by inserting “or” after the semicolon at the end; and (iii) by adding at the end the following new subparagraph: “(B) the individual is serving in the uniformed services (as defined in section 4303 of title 38, United States Code) and the limited appointment expires in the course of such service;” ;

6. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 § 409(2)(B) · 130 Stat. 1905

   Added · 22 U.S.C. § 3949(b)(6)

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

   Source evidence

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

   Enacted provision · exact public law section
   (B) in paragraph (4), by striking “and” at the end;

7. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 § 409(3) · 130 Stat. 1905

   Added · 22 U.S.C. § 3949(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(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.” .

12 of 12 references resolved to an enrolled provision