An agency may not pay a relocation 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   (3) In which the employee is expected to receive an appointment as the head of an agency.