118 STAT. 2314 PUBLIC LAW 108–411—OCT. 30, 2004 more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competi tive service, the President may designate another agency to authorize special rates under this section. ‘‘(2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice.’’; (B) in subsection (b), by striking paragraph (4) and inserting the following: ‘‘(4) any other circumstances which the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appro priate.’’; (C) in subsection (d)— (i) by striking ‘‘President’’ and inserting ‘‘Office of Personnel Management’’; and (ii) by striking ‘‘or by such agency as he may designate’’ and inserting ‘‘(or by such other agency as the President may designate under the last sentence of subsection (a)(1))’’; (D) in subsection (e), by striking ‘‘basic pay’’ and inserting ‘‘pay’’; (E) by striking subsection (f) and inserting the fol lowing: ‘‘(f) When a schedule of special rates established under this section is adjusted under subsection (d), a covered employee’s special rate will be adjusted in accordance with conversion rules prescribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) designate).’’; (F) in subsection (g)(1)— (i) by striking ‘‘basic pay’’ and inserting ‘‘pay’’; and (ii) by striking ‘‘President (or his designated agency)’’ and inserting ‘‘Office of Personnel Manage ment (or such other agency as the President may under the last sentence of subsection (a)(1) designate)’’; (G) by striking subsection (h) and inserting the fol lowing: ‘‘(h) An employee shall not for any purpose be considered to be entitled to a rate of pay established under this section with respect to any period for which such employee is entitled to a higher rate of basic pay under any other provision of law. For purposes of this subsection, the term ‘basic pay’ includes any applicable locality based comparability payment under section 5304 or similar provision of law.’’; and Effective date. Notification.
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