; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; or (III) a Tribal employer; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) Exclusion of executive, legislative, and judicial entities (i) In general The term employer does not include— (I) each agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government including those listed in clause (ii), except, only as provided in section 102(g)(2), the VA Office of Geriatrics & Extended Care of the Veterans Health Administration; (II) the United States Postal Service or the Postal Regulatory Commission; or (III) a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. (ii) Inclusions The agencies, offices, are other establishments listed in this clause include— (I) each agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government, including— (aa) an Executive agency, as that term is defined in section 105 of title 5, United States Code; (bb) a military department, as that term is defined in section 102 of title 5, United States Code; (cc) the Federal Aviation Administration; (dd) the Transportation Security Administration; (ee) the Department of Veterans Affairs; and (ff) the Government Accountability Office; (II) the District of Columbia courts and the District of Columbia Public Defender Service; and (III) (aa) an Indian tribe or tribal organization carrying out a contract or compact under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.); (bb) an Indian tribe or tribal organization that receives a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq.)