---
kind: "section"
citation: "5 U.S.C. § 3349c"
title: "5"
title_heading: "Government Organization and Employees"
number: "3349c"
heading: "Exclusion of certain officers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3349c"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter III — Details, Vacancies, and Appointments"
---

# §3349c. Exclusion of certain officers


Sections [3345](/usc/5/3345.md) through [3349b](/usc/5/3349b.md) shall not apply to—

- (1) any [member](/usc/5/8401.md?p=20) who is appointed by the President, by and with the advice and consent of the Senate to any [board](/usc/5/8401.md?p=5), commission, or similar entity that—
  - (A) is composed of multiple [members](/usc/5/8401.md?p=20); and
  - (B) governs an independent establishment or [Government](/usc/5/4101.md?p=3) corporation;
- (2) any commissioner of the Federal Energy Regulatory Commission;
- (3) any [member](/usc/5/8401.md?p=20) of the Surface Transportation [Board](/usc/5/8401.md?p=5); or
- (4) any judge appointed by the President, by and with the advice and consent of the Senate, to a [court](/usc/5/8401.md?p=7) constituted under article I of the [United States](/usc/5/7103.md?p=a-18) Constitution.

## Source credit

(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)

## Notes

### 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.