HR 4755 RH 
scribed in paragraph (3), and each applicable Com-
mittee approves the plan. 
(2) CONTENTS OF PLAN.—A plan described in 
this paragraph with respect to an office is a plan 
containing the following information: 
(A) The specific positions and functions to 
be reduced or eliminated. 
(B) A description of which categories of 
employees will be offered incentives. 
(C) The time period during which incen-
tives may be paid. 
(D) The number and amounts of voluntary 
separation incentive payments to be offered. 
(E) A description of how the office will op-
erate without the eliminated positions and func-
tions. 
(3) APPLICABLE COMMITTEE.—For purposes of 
this subsection, the ‘‘applicable Committee’’ with re-
spect to an office means— 
(A) in the case of an office of the House 
of Representatives, the Committee on House 
Administration of the House of Representatives; 
and 
(B) in the case of any other office, the 
Committee on House Administration of the
HR 4755 RH 
House of Representatives and the Committee 
on Rules and Administration of the Senate. 
(d) EXCLUSION OF CERTAIN OFFICES.—This section 
shall not apply— 
(1) to any office of the Senate or to any em-
ployee of such an office; or 
(2) 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 em-
ployee (as defined in section 2107, United States 
Code) who— 
(A) is serving under an appointment with-
out time limitation; and 
(B) has been currently employed for a con-
tinuous period of at least 3 years. 
(2) EXCLUSIONS.—An ‘‘eligible employee’’ does 
not include any of the following: 
(A) A reemployed annuitant under sub-
chapter III of chapter 83 or 84 of title 5, 
United States Code, or another retirement sys-
tem for employees of the Government.
HR 4755 RH 
(B) An employee having a disability on the 
basis of which such employee is or would be eli-
gible for disability retirement under subchapter 
III of chapter 83 or 84 of title 5, United States 
Code, or another retirement system for employ-
ees of the Government. 
(C) An employee who is in receipt of a de-
cision notice of involuntary separation for mis-
conduct or unacceptable performance. 
(D) An employee who has previously re-
ceived any voluntary separation incentive pay-
ment from the Federal Government under this 
section or any other authority. 
(E) An employee covered by statutory re-
employment rights who is on transfer employ-
ment with another organization. 
(F) Any employee who— 
(i) during the 36-month period pre-
ceding the date of separation of that em-
ployee, performed service for which a stu-
dent 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 pre-
ceding the date of separation of that em-
HR 4755 RH 
ployee, performed service for which a re-
cruitment 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 pre-
ceding the date of separation of that em-
ployee, performed service for which a re-
tention bonus was or is to be paid under 
section 5754 of such title or any other au-
thority. 
(f) REPAYMENT FOR INDIVIDUALS RETURNING TO 
GOVERNMENT EMPLOYMENT.— 
(1) IN GENERAL.—Subject to paragraph (2), an 
employee who has received a voluntary separation in-
centive payment under this section and accepts em-
ployment with the Government 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 ABILITIES.—(A) If the employment is with 
an Executive agency (as defined by section 105 of 
title 5, United States Code), the Director of the Of-
fice of Personnel Management may, at the request
HR 4755 RH 
of the head of the agency, waive the repayment re-
quired under this subsection if the individual in-
volved possesses unique abilities and is the only 
qualified applicant available for the position. 
(B) If the employment is with an entity in the 
legislative branch, the head of the entity or the ap-
pointing official may waive the repayment required 
under this subsection if the individual involved pos-
sesses unique abilities and is the only qualified appli-
cant 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 in-
volved possesses unique abilities and is the only 
qualified applicant available for the position. 
(3) TREATMENT OF PERSONAL SERVICES CON-
TRACTS.—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 
July 1, 2005, and shall apply with respect to fiscal year 
2005 and each succeeding fiscal year.