; and (B) is— (i) serving in a position to which the President appointed the individual (without regard to whether the advice and consent of the Senate was required with respect to that appointment), other than an individual who is— (I) a member of a uniformed service, as that term is defined in section 210(m) of the Social Security Act ( 42 U.S.C. 410(m) ); or (II) a member of the Foreign Service serving under a career appointment, as described in section 301 of the Foreign Service Act of 1980 ( 22 U.S.C. 3941 ); (ii) a noncareer appointee, as that term is defined in section 3132(a) of title 5, United States Code; (iii) serving in a position in a Federal executive system that is comparable to the Senior Executive Service, the appointment to which is not made through merit-based procedures, such as a position in the Transportation Security Executive Service; or (iv) serving in a position with respect to which a determination has been made under section 7511(b)(2) of title 5, United States Code. (j) Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act to any person or circumstance, shall not be affected.