5 USC 3349c - Exclusion of certain officers

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;

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(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.