(b) This subpart does not apply to—
- (1) Senior-level positions classified above GS-15 pursuant to 5 U.S.C. 5108;
- (2) Scientific or professional positions established under 5 U.S.C. 3104;
- (3) Senior Executive Service positions established under 5 U.S.C. 3132 or 3151;
- (4) Positions for which pay is fixed by administrative action and limited to level IV of the Executive Schedule under 5 U.S.C. 5373;
- (5) Administrative law judge positions appointed under 5 U.S.C. 3105; or
- (6) Positions in agencies that are excluded from chapter 51 of title 5, United States Code, by section 5102(a) or 5102(c) or other provision of law.