Notice: The uscode.house.gov website is currently operating in a temporary format. While the United States Code remains available from its authoritative source, some website features and functionality are temporarily unavailable.
The United States Code Online is current through Public Law 119-120 (October 7, 2026).
Search & Browse Currency and Updating Classification Tables Popular Name Tool Positive Law Codification Editorial Reclassification Downloads
5 U.S.C. 3394: Noncareer and limited appointmentsText contains those laws in effect through Public Law 119-120 (October 7, 2026).
From Title 5-GOVERNMENT ORGANIZATION AND EMPLOYEESCHAPTER 33-EXAMINATION, SELECTION, AND PLACEMENT
Jump To: Source CreditEditorial NotesPrior ProvisionsStatutory Notes and Related SubsidiariesEffective Date

§3394. Noncareer and limited appointments

(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 Notes

Prior 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 Subsidiaries

Effective 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.