H. R. 4818—388
under this section and accepts employment with the Govern-
ment of the United States within 5 years after the date of
the separation on which the payment is based shall be required
to repay the entire amount of the incentive payment to the
office that paid the incentive payment.
(2) WAIVER
FOR
INDIVIDUALS
POSSESSING
UNIQUE
ABILI-
TIES.—
(A) If the employment is with an Executive agency
(as defined by section 105 of title 5, United States Code),
the Director of the Office of Personnel Management may,
at the request of the head of the agency, waive the repay-
ment required under this subsection if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position.
(B) If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing official
may waive the repayment required under this subsection
if the individual involved possesses unique abilities and
is the only qualified applicant available for the position.
(C) If the employment is with the judicial branch,
the Director of the Administrative Office of the United
States Courts may waive the repayment required under
this subsection if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.
(3) TREATMENT OF PERSONAL SERVICES CONTRACTS.—For
purposes of paragraph (1) (but not paragraph (2)), the term
‘‘employment’’ includes employment under a personal services
contract with the United States.
(g) EFFECTIVE DATE.—This section shall take effect on the
date of the enactment of this Act, and shall apply with respect
to the portion of fiscal year 2005 occurring on and after such
date and to each succeeding fiscal year.
SEC. 211. CAPITOL GROUNDS ENCLOSURE. None of the funds
contained in this Act may be used to study, design, plan, or other-
wise further the construction or consideration of a fence to enclose
the perimeter of the grounds of the United States Capitol.
SEC. 212. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN
ARTS EDUCATION. Section 210 of the Legislative Branch Appropria-
tions Act, 2003 is amended—
(1) by striking the first proviso; and
(2) by striking ‘‘Provide further,’’ and inserting ‘‘Provided,’’.
SEC. 213. TRANSFER OF JURISDICTION OVER REAL PROPERTY
NEAR JAPANESE AMERICAN PATRIOTISM MEMORIAL. (a) TRANSFER
OF JURISDICTION.—
(1) IN GENERAL.—Jurisdiction over the parcels of Federal
real property described under paragraph (2) (over which juris-
diction was transferred under section 514(b)(2)(C) of the Omni-
bus Parks and Public Lands Management Act of 1996 (40
U.S.C. 5102 note; Public Law 104–333)) is transferred to the
Architect of the Capitol, without consideration.
(2) PARCELS.—The parcels of Federal real property referred
to under paragraph (1) are the following:
(A) That portion of New Jersey Avenue, N.W., between
the northernmost point of the intersection of New Jersey
Avenue, N.W., and D Street, N.W., and the northernmost
point of the intersection of New Jersey Avenue, N.W., and
H. R. 4818—389
Louisiana Avenue, N.W., between squares 631 and W632,
which remains Federal property, and whose maintenance
and repair shall be the responsibility of the District of
Columbia.
(B) That portion of D Street, N.W., between its intersec-
tion with New Jersey Avenue, N.W., and its intersection
with Louisiana Avenue, N.W., between squares 630 and
W632, which remains Federal property.
(b) MISCELLANEOUS.—
(1) COMPLIANCE WITH OTHER LAWS.—Compliance with this
section shall be deemed to satisfy the requirements of all laws
otherwise applicable to transfers of jurisdiction over parcels
of Federal real property.
(2) UNITED STATES CAPITOL GROUNDS.—
(A) DEFINITION.—Section 5102 of title 40, United States
Code, is amended to include within the definition of the
United States Capitol Grounds the parcels of Federal real
property described in subsection (a)(2).
(B) JURISDICTION
OF
CAPITOL
POLICE.—The United
States Capitol Police shall have jurisdiction over the parcels
of Federal real property described in subsection (a)(2) in
accordance with section 9 of the Act entitled ‘‘An Act to
define the United States Capitol Grounds, to regulate the
use thereof, and for other purposes’’, approved July 31,
1946 (2 U.S.C. 1961).
(3) EFFECT OF TRANSFER.—A person relinquishing jurisdic-
tion over any parcel of Federal real property transferred by
subsection (a) shall not retain any interest in the parcel except
as specifically provided in this section.
(c) EFFECTIVE DATE.—This Act shall apply to fiscal year 2005
and each fiscal year thereafter.
SEC. 214. COMMISSION
ON
THE ABRAHAM LINCOLN STUDY
ABROAD FELLOWSHIP PROGRAM. EXTENSION OF REPORT AND TERMI-
NATION DATES.—Section 104 of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 435) is
amended—
(1) in subsection (f), by striking ‘‘December 1, 2004’’ and
inserting ‘‘December 1, 2005’’; and
(2) in subsection (g), by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
SEC. 215. (a) The Chief Administrative Officer of the House
of Representatives and the Sergeant at Arms and Doorkeeper of
the Senate may enter into a memorandum of understanding under
which the Sergeant at Arms and Doorkeeper shall provide all serv-
ices of the United States Capitol telephone exchange for the House
of Representatives, in accordance with such terms and conditions
as may be provided in the memorandum of understanding.
(b) For any period during which a memorandum of under-
standing is in effect pursuant to this section—
(1) all positions in the United States Capitol telephone
exchange for which the employing authority is the Chief
Administrative Officer shall be transferred to the Sergeant
at Arms and Doorkeeper;
(2) all employees in the United States Capitol telephone
exchange for whom the employing authority is the Chief
Administrative Officer shall be transferred to, and appointed
by, the Sergeant at Arms and Doorkeeper; and