---
kind: "section"
citation: "5 U.S.C. § 9602"
title: "5"
title_heading: "Government Organization and Employees"
number: "9602"
heading: "Competitive service; time-limited appointments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/9602"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 96 — Personnel Flexibilities Relating to Land Management Agencies"
---

# §9602. Competitive service; time-limited appointments

- (a) Notwithstanding [chapter 33](/usc/5/chptIII/sptB/ch33.md) or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive [service](/usc/5/8401.md?p=26), an [employee](/usc/5/4701.md?p=a-2) of a [land management agency](/usc/5/9601.md?p=1) serving under a [time-limited appointment](/usc/5/9601.md?p=2) in the competitive [service](/usc/5/8401.md?p=26) is [eligible](/usc/5/4701.md?p=a-3) to compete for a permanent appointment in the competitive [service](/usc/5/8401.md?p=26) at such [land management agency](/usc/5/9601.md?p=1) when such [agency](/usc/5/3132.md?p=a-1) is accepting applications from individuals within the [agency](/usc/5/3132.md?p=a-1)’s workforce under merit promotion procedures, or any [agency](/usc/5/3132.md?p=a-1), including a [land management agency](/usc/5/9601.md?p=1), when the [agency](/usc/5/3132.md?p=a-1) is accepting applications from individuals outside its own workforce under the merit promotion procedures of the applicable [agency](/usc/5/3132.md?p=a-1) if—
  - (1) the [employee](/usc/5/4701.md?p=a-2) was appointed initially under open, competitive examination under subchapter I of [chapter 33](/usc/5/chptIII/sptB/ch33.md) to the [time-limited appointment](/usc/5/9601.md?p=2);
  - (2) the [employee](/usc/5/4701.md?p=a-2) has served under 1 or more [time-limited appointments](/usc/5/9601.md?p=2) by a [land management agency](/usc/5/9601.md?p=1) for a period or periods totaling more than 24 months without a break of 2 or more years; and
  - (3) the [employee](/usc/5/4701.md?p=a-2)’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in [paragraph (2)](#a-2).
- (b) In determining the eligibility of a time-limited [employee](/usc/5/4701.md?p=a-2) under this section to be examined for or appointed in the competitive [service](/usc/5/8401.md?p=26), the [Office](/usc/5/5402.md?p=3) of Personnel Management or other examining [agency](/usc/5/3132.md?p=a-1) shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the [position](/usc/5/5102.md?p=a-3).
- (c) An individual appointed under this section—
  - (1) becomes a career-conditional [employee](/usc/5/4701.md?p=a-2), unless the [employee](/usc/5/4701.md?p=a-2) has otherwise completed the [service](/usc/5/8401.md?p=26) requirements for career tenure; and
  - (2) acquires competitive status upon appointment.
- (d) A former [employee](/usc/5/4701.md?p=a-2) of a [land management agency](/usc/5/9601.md?p=1) who served under a [time-limited appointment](/usc/5/9601.md?p=2) and who otherwise meets the requirements of this section shall be deemed a time-limited [employee](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) from which the former [employee](/usc/5/4701.md?p=a-2) was most recently separated for purposes of this section if—
  - (1) such [employee](/usc/5/4701.md?p=a-2) applies for a [position](/usc/5/5102.md?p=a-3) covered by this section within the period of 2 years after the most recent date of separation; and
  - (2) such [employee](/usc/5/4701.md?p=a-2)’s most recent separation was for reasons other than misconduct or performance.
- (e) The [Office](/usc/5/5402.md?p=3) of Personnel Management shall prescribe such regulations as may be necessary to carry out this section.

## Source credit

(Added Pub. L. 114–47, § 2(a), Aug. 7, 2015, 129 Stat. 485; amended Pub. L. 114–328, div. A, title XI, § 1135, Dec. 23, 2016, 130 Stat. 2459.)

## Notes

### Editorial Notes

### Amendments

2016—Subsec. (a). Pub. L. 114–328, § 1135(1), substituted in introductory provisions “such land management agency when such agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, or any agency, including a land management agency, when the agency is accepting applications from individuals outside its own workforce under the merit promotion procedures of the applicable agency” for “any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency”.

Subsec. (d). Pub. L. 114–328, § 1135(2), inserted “of the agency from which the former employee was most recently separated” after “deemed a time-limited employee” in introductory provisions.