; and (II) granting the waiver would not create the potential for use of undue influence or unfair advantage. (ii) Excluded positions The Director of the Office of Government Ethics may not waive the restrictions under subparagraph (A) with respect to— (I) a position in the executive branch (including any independent agency) for which the rate of pay is the rate of pay payable for level I of the Executive Schedule; or (II) a position in the Executive Office of the President for which the rate of pay is the rate of pay for level II of the Executive Schedule. . (2) Technical and conforming amendments Section 207 of title 18, United States Code, is amended— (A) in subsection (c)(2)— (i) in subparagraph (A)— (I) by striking clauses (i) and (iii); (II) by redesignating clauses (ii), (iv), and (v) as clauses (i), (ii), and (iii), respectively; and (III) in clause (i), as so redesignated— (aa) by striking which is not referred to in clause (i) the first place it appears and inserting for which the rate of pay is not specified in or fixed according to subchapter II of chapter 53 of title 5 ; and (bb) by striking , or, for a period of 2 years and all that follows through the end of clause (i) and inserting a comma; and (ii) in subparagraph (C), in the matter preceding clause (i), by striking clause (ii) or (iv) and inserting clause (i) or (ii) ; and (B) in subsection (h)(2), by striking the second sentence. (b) Members of Congress Section 207(e)(1) of title 18, United States Code, is amended— (1) in subparagraph (A), by striking 2 years and inserting 5 years