EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.

SEC. 1104. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) Repayment Upon Reemployment.—Except as provided in subsection (b), an individual who is paid a voluntary separation incentive payment under this title and who subsequently accepts employment with the Government within five years after the date of the separation on which the payment is based shall be required to repay to the Secretary, before the individual’s first day of such employment, the entire amount of the voluntary separation incentive payment paid to the individual under this title. (b) Waiver Authority for Certain Individuals.—(1)If the employment of an individual under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of such agency, waive repayment by the individual under that subsection if the individual possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment of an individual under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive repayment by the individual under that subsection if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment of an individual under subsection (a) is with the judicial branch, the Director of the Administrative 113 STAT. 1598 Office of the United States Courts may waive repayment by the individual under that subsection if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) Employment Defined.—for purposes of this section, the term “employment” includes— (1) for purposes of subsections (a) and (b), employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) for purposes of subsection (a), employment with any agency of the Government through a personal services contract.