1. (a) Subject to subsection (b), appointments under sections 105, 106, and 107 shall be made in accordance with section 2108, and sections 3309 through 3312, of title 5.

2. (b) Subsection (a) shall not apply to any appointment to a position the rate of basic pay for which is at least equal to the minimum rate established for positions in the Senior Executive Service under section 5382 of title 5 and the duties of which are comparable to those described in section 3132(a)(2) of such title or to any other position if, with respect to such position, the President makes certification—

   1. (1) that such position is—

      1. (A) a confidential or policy-making position; or
      2. (B) a position for which political affiliation or political philosophy is otherwise an important qualification; and
   2. (2) that any individual selected for such position is expected to vacate the position at or before the end of the President’s term (or terms) of office.

   Each individual appointed to a position described in the preceding sentence as to which the expectation described in paragraph (2) applies shall be notified as to such expectation, in writing, at the time of appointment to such position.

(Added Pub. L. 105–339, § 4(b)(1), Oct. 31, 1998, 112 Stat. 3185.)