---
kind: "section"
citation: "5 U.S.C. § 9813"
title: "5"
title_heading: "Government Organization and Employees"
number: "9813"
heading: "Limited appointments to Senior Executive Service positions"
release: "119-102"
url: "https://uscodex.org/usc/5/9813"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 98 — National Aeronautics and Space Administration"
---

# §9813. Limited appointments to Senior Executive Service positions

- (a) In this section—
  - (1) the term “career reserved position” means a [position](/usc/5/5531.md?p=2) in the [Administration](/usc/5/9801.md?p=1) designated under [section 3132(b)](/usc/5/3132.md?p=b) which may be filled only by—
    - (A) a career appointee; or
    - (B) a [limited emergency appointee](#a-2) or a [limited term appointee](#a-3)—
      - (i) who, immediately before entering the [career reserved position](#a-1), was serving under a career or career-conditional appointment outside the Senior Executive [Service](/usc/5/8331.md?p=12); or
      - (ii) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management;
  - (2) the term “limited emergency appointee” has the meaning given under [section 3132](/usc/5/3132.md); and
  - (3) the term “limited term appointee” means an individual appointed to a Senior Executive [Service](/usc/5/8331.md?p=12) [position](/usc/5/5531.md?p=2) in the [Administration](/usc/5/9801.md?p=1) to meet a bona fide temporary need, as determined by the [Administrator](/usc/5/9801.md?p=2).
- (b) The number of [career reserved positions](#a-1) which are filled by an appointee as described under [subsection (a)(1)(B)](#a-1-B) may not exceed 10 percent of the total number of Senior Executive [Service](/usc/5/8331.md?p=12) [positions](/usc/5/5531.md?p=2) allocated to the [Administration](/usc/5/9801.md?p=1).
- (c) Notwithstanding sections [3132](/usc/5/3132.md) and [3394(b)](/usc/5/3394.md?p=b)—
  - (1) the [Administrator](/usc/5/9801.md?p=2) may appoint an individual to any Senior Executive [Service](/usc/5/8331.md?p=12) [position](/usc/5/5531.md?p=2) in the [Administration](/usc/5/9801.md?p=1) as a [limited term appointee](#a-3) under this section for a period of—
    - (A) 4 years or less to a [position](/usc/5/5531.md?p=2) the duties of which will expire at the end of such term; or
    - (B) 1 year or less to a [position](/usc/5/5531.md?p=2) the duties of which are continuing; and
  - (2) in rare circumstances, the [Administrator](/usc/5/9801.md?p=2) may authorize an extension of a limited appointment under—
    - (A) [paragraph (1)(A)](#c-1-A) for a period not to exceed 2 years; and
    - (B) [paragraph (1)(B)](#c-1-B) for a period not to exceed 1 year.
- (d) A [limited term appointee](#a-3) who has been appointed in the [Administration](/usc/5/9801.md?p=1) from a career or career-conditional appointment outside the Senior Executive [Service](/usc/5/8331.md?p=12) shall have reemployment rights in the [agency](/usc/5/500.md?p=a-1) from which appointed, or in another [agency](/usc/5/500.md?p=a-1), under requirements and conditions established by the Office of Personnel Management. The Office shall have the [authority](/usc/5/7103.md?p=a-6) to direct such placement in any [agency](/usc/5/500.md?p=a-1).
- (e) Notwithstanding [section 3394(b)](/usc/5/3394.md?p=b) and [section 3395](/usc/5/3395.md)—
  - (1) a [limited term appointee](#a-3) serving under a term prescribed under this section may be reassigned to another Senior Executive [Service](/usc/5/8331.md?p=12) [position](/usc/5/5531.md?p=2) in the [Administration](/usc/5/9801.md?p=1), the duties of which will expire at the end of a term of 4 years or less; and
  - (2) a [limited term appointee](#a-3) serving under a term prescribed under this section may be reassigned to another continuing Senior Executive [Service](/usc/5/8331.md?p=12) [position](/usc/5/5531.md?p=2) in the [Administration](/usc/5/9801.md?p=1), except that the appointee may not serve in 1 or more [positions](/usc/5/5531.md?p=2) in the [Administration](/usc/5/9801.md?p=1) under such appointment in excess of 1 year, except that in rare circumstances, the [Administrator](/usc/5/9801.md?p=2) may approve an extension up to an additional 1 year.
- (f) A [limited term appointee](#a-3) may not serve more than 7 consecutive years under any combination of limited appointments.
- (g) Notwithstanding [section 5384](/usc/5/5384.md), the [Administrator](/usc/5/9801.md?p=2) may authorize performance awards to [limited term appointees](#a-3) in the [Administration](/usc/5/9801.md?p=1) in the same amounts and in the same manner as career appointees.

## Source credit

(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 473.)