; (B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or (C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. (3) Waiver At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in paragraph (2) in such department or agency if the Director determines that— (A) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions; and (B) granting the waiver would not create the potential for use of undue influence or unfair advantage. . (2) Conforming amendments Section 207 of such title is amended— (A) in subsection (f)(1), by striking subsection (c), (d), or (e) and inserting subsection (c) or (e) ; (B) in subsection (h)(2), by striking subsection (c)(2)(A)(i) or (iii) and inserting subsection (c)(2)(A) or (C)