Page:United States Statutes at Large Volume 118.djvu/3225

 118 STAT. 3195 PUBLIC LAW 108–447—DEC. 8, 2004 with jurisdiction over the activities of the office under the applicable rules of the House of Representatives and the Senate (as determined by the head of the office), but does not include the Committees on Appropriations of the House of Representa tives and the Senate. (d) EXCLUSION OF CERTAIN OFFICES.—This section shall not apply to any office which is an Executive agency under section 105 of title 5, United States Code, or any employee of such an office. (e) ELIGIBLE EMPLOYEE DEFINED.— (1) IN GENERAL.—In this section, an ‘‘eligible employee’’ is an employee (as defined in section 2105, United States Code) or a Congressional employee (as defined in section 2107, United States Code) who— (A) is serving under an appointment without time limitation; and (B) has been currently employed for a continuous period of at least 3 years. (2) EXCLUSIONS.—An ‘‘eligible employee’’ does not include any of the following: (A) A reemployed annuitant under subchapter III of chapter 83 or 84 of title 5, United States Code, or another retirement system for employees of the Government. (B) An employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 of title 5, United States Code, or another retirement system for employees of the Government. (C) An employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. (D) An employee who has previously received any vol untary separation incentive payment from the Federal Government under this section or any other authority. (E) An employee covered by statutory reemployment rights who is on transfer employment with another organization. (F) Any employee who— (i) during the 36 month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379 of title 5, United States Code, or any other authority; (ii) during the 24 month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753 of such title or any other authority; or (iii) during the 12 month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754 of such title or any other authority. (f) REPAYMENT FOR INDIVIDUALS RETURNING TO GOVERNMENT EMPLOYMENT.— (1) IN GENERAL.—Subject to paragraph (2), an employee who has received a voluntary separation incentive payment

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