575.104—Ineligible categories of employees.
An agency may not pay a recruitment incentive to an employee in—
(a)
A position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(b)
A position in the Senior Executive Service as a noncareer appointee (as defined in 5 U.S.C. 3132(a)(7) );
(c)
A position excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or
(d)
A position not otherwise covered by the exclusions in paragraphs (a), (b), and (c) of this section—
(1)
To which an individual is appointed by the President without the advice and consent of the Senate;
(2)
Designated as the head of an agency, including an agency headed by a collegial body composed of two or more individual members; or