; or (iv) individualized ethics counseling or advice concerning an interpretation of applicable legal requirements that has been provided by an ethics official to an individual, except that such information or record shall not be excluded if such information or record is a covered record under subparagraph (A). (4) Noncareer employee The term noncareer employee means an individual who is— (A) 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 ); (B) a noncareer appointee, as that term is defined in section 3132(a) of title 5, United States Code; (C) 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 (D) serving in a position with respect to which a determination has been made under section 7511(b)(2) of title 5, United States Code. (b) Specifications of databases Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall publish guidance for a searchable, sortable database created by each agency through which members of the public can access covered ethics records and that shall each be— (1) hosted on an official website of each agency without charge and without a requirement that members of the public register for access; (2) accessible through an application programming interface; (3) fully compliant with— (A) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )