Title 5, Government Organization and EmployeesRelease 119-102

§3349c Exclusion of Certain Officers

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

Last updated Aug 21, 2026|Official source

Summary

Earlier rules about those employment limits do not apply to four kinds of officers. They are: people the President appoints and the Senate confirms to multi-member boards that run independent agencies or government corporations; commissioners of the Federal Energy Regulatory Commission; members of the Surface Transportation Board; and judges the President appoints and the Senate confirms 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

Aug 21, 2026

Release point: 119-102