(a) The following individuals are subject to the post-employment conflict-of-interest restrictions in 18 U.S.C. § 207(c), as amended by section 1125(b)(1) of the National Defense Authorization Act for FY 2004:

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(1) Any individual, including a senior executive, who is paid at a rate of basic pay equal to or greater than 86.5 percent of the rate for level II of the Executive Schedule; and

(2) Any individual, including a senior executive, who as of November 23, 2003, was paid at a rate of basic pay, exclusive of any locality-based comparability payments under 5 U.S.C. § 5304, equal to or greater than the rate of basic pay for level 5 of the Senior Executive Service on that date (i.e., $134,000). These employees are subject to the post-employment restrictions through November 24, 2005, without regard to any subsequent changes in position or pay.

(b) Nothing in this part affects individuals serving in positions described in 18 U.S.C. § 207(c)(2)(A)(i), (iii), (iv), or (v).