103 STAT. 1718 PUBLIC LAW 101-194—NOV. 30, 1989 which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title, "(2) PERSONS TO WHOM RESTRICTIONS APPLY. — (A) Paragraph (1) shall apply to a person (other than a person subject to the restrictions of subsection (d))— "(i) employed at a rate of pay fixed according to sub- chapter II of chapter 53 of title 5, or a comparable or greater rate of pay under other authority, "(ii) employed in a position which is not referred to in
- clause (i) and for which the basic rate of pay is equal to or
greater than the basic rate of pay payable for GS-17 of the General Schedule, "(iii) appointed by the President to a position under section 105(a)(2)(B) of title 3 or by the Vice President to a position under section 106(a)(l)(B) of title 3, or Uniformed "(iv) employed in a position which is held by an active services. duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade 0-7 or above. "(B) Paragraph (1) shall not apply to a special Government employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates. "(C) Subparagraph (A)(ii) includes persons employed in the Senior Executive Service at the basic rate of pay specified in that subparagraph. "(D) At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in clause (ii) or (iv) of subpara- graph (A), in such department or agency if the Director deter- mines that— "(i) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions, and "(ii) granting the waiver would not create the potential for use of undue influence or unfair advantage. " (d) RESTRICTIONS ON VERY SENIOR PERSONNEL OF THE EXECUTIVE BRANCH AND INDEPENDENT AGENCIES. — "(1) RESTRICTIONS. —In addition to the restrictions set forth in subsections (a) and (b), any person who— "(A) serves in the position of Vice President of the United States, "(B) is employed in a position paid at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule, or ' (C) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(l)(A) of title 3, and who, within 1 year after the termination of that person's service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2), on behalf of any other person
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