Title 5 — Government Organization and EmployeesRelease 119-73

§3349c Exclusion of certain officers

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER III— - DETAILS, VACANCIES, AND APPOINTMENTS › § 3349c

Last updated Apr 6, 2026|Official source

Summary

Certain rules do not apply to some federal officers. They are: people the President appoints with the Senate’s approval to multi-member boards that run independent agencies or government-owned corporations; commissioners of the Federal Energy Regulatory Commission; members of the Surface Transportation Board; and judges the President appoints with the Senate’s approval to courts created under Article I of the Constitution.

Full Legal Text

Title 5, §3349c

Government Organization and Employees — Source: USLM XML via OLRC

Sections 3345 through 3349b shall not apply to—

(1)any member who is appointed by the President, by and with the advice and consent of the Senate to any board, commission, or similar entity that—

(A)is composed of multiple members; and

(B)governs an independent establishment or Government corporation;

(2)any commissioner of the Federal Energy Regulatory Commission;

(3)any member of the Surface Transportation Board; or

(4)any judge appointed by the President, by and with the advice and consent of the Senate, to a court constituted under article I of the United States Constitution.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such

Effective Date

, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3349c

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73