---
kind: "section"
citation: "5 U.S.C. § 3394"
title: "5"
title_heading: "Government Organization and Employees"
number: "3394"
heading: "Noncareer and limited appointments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3394"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter VIII — Appointment, Re­assignment, Transfer, and Development in the Senior Executive Service"
---

# §3394. Noncareer and limited appointments

- (a) Each [noncareer appointee](/usc/5/3132.md?p=a-7), [limited term appointee](/usc/5/3132.md?p=a-5), and [limited emergency appointee](/usc/5/3132.md?p=a-6) shall meet the qualifications of the [position](/usc/5/5102.md?p=a-3) to which appointed, as determined in writing by the [appointing authority](/usc/5/9201.md?p=2).
- (b) An individual may not be appointed as a [limited term appointee](/usc/5/3132.md?p=a-5) or as a [limited emergency appointee](/usc/5/3132.md?p=a-6) without the prior approval of the exercise of such [appointing authority](/usc/5/9201.md?p=2) by the [Office](/usc/5/5402.md?p=3) of Personnel Management.

## Source credit

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

## Notes

### 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.