((a)) ** .—** In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions.

((b)) ** .—** In this section, the term “critical position” means a position that contributes to the improvement of—

((1)) the culture or infrastructure of the Academy;

((2)) student health and well being;

((3)) Academy governance; or

((4)) any other priority areas identified by the Council.