118 STAT. 3196 PUBLIC LAW 108–447—DEC. 8, 2004 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 40 USC 5102 note. 117 Stat. 383.