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—
continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI; or
(B)
section 4303 of title 38 the individual is serving in the uniformed services (as defined in ) 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. 114–323, § 409(1)2016—Subsec. (a). , substituted “subsections (b) and (c)” for “subsection (b)”.
Pub. L. 114–323, § 409(2)(A)Subsec. (b)(3). , substituted “if—” for “if”, inserted subpar. (A) designation before “continued service” and “or” after semicolon at end, and added subpar. (B).