; (bb) section 205(f) of title 18, United States Code; or (cc) section 207(j)(5) of title 18, United States Code. (XVI) Any other category of records that the Director of the Office of Government Ethics determines is appropriate for inclusion in the database. (B) Exclusions The term covered ethics record excludes— (i) national defense information; (ii) the subject of an ongoing law enforcement matter which, in the opinion of the agency, requires the information or record to be kept confidential; (iii) a confidential financial disclosure report under section 13109 of title 5, United States Code; 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 from the requirements of this Act if— (I) the information or record has the operative effect of altering a legal obligation of the individual, such as the approval of an employee’s acceptance of a gift from an outside source under a regulation requiring approval; or (II) is required by law to be issued, such as a post-employment opinion that section 847 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ). (4) Employing agency The term employing agency means any agency that employs or employed the individual whose record is the subject of a requirement of this Act, except that the National Archives and Records Administration shall be determined to be the employing agency with respect to any record for which it is responsible. (5) Noncareer employee The term noncareer employee means an individual who is— (A) an employee, as defined in section 2105 of title 5, United States Code, serving in a position in the executive branch