; (B) the amendments made by this Act; or (C) a law that excludes the applicability of paragraph (1) with respect to such Federal pay limit by specific reference to this subsection. (3) Definitions In this subsection: (A) Employee The term employee means an individual holding an appointive position in the executive branch, other than a position in a uniformed service (as such term is defined in section 2101 of title 5, United States Code). (B) Federal pay limit The term Federal pay limit means a limit on the maximum or total pay payable to an employee that is— (i) determined based on— (I) a rate of pay, including a maximum rate of pay, or pay scale established by or under title 5, United States Code; or (II) the rate of pay established under section 104 of title 3, United States Code; and (ii) established by or pursuant to a law or regulation. (C) Pay The term pay means amounts paid by the Federal Government to an employee as compensation for services performed as an employee. (d) Conforming amendments (1) Section 733(a)(3)(A) of title 31, United States Code, is amended by inserting after of title 5 the following: , except that for the purpose of applying such limitation on the maximum rate, subsection (d) of such section does not apply ; (2) Section 3(b) of title 35, United States Code, is amended— (A) in paragraph (2)(B), by striking , including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of title 5