; and (C) is committed while giving testimony before a committee of Congress. (2) Notwithstanding the definition of the term employee in section 8311, in this subsection the term employee — (A) has the meaning given that term in section 2105; and (B) includes any employee of the United States Postal Service or Postal Regulatory Commission and any employee appointed under chapter 73 or 74 of title 38, notwithstanding section 7425(b) of that title. . (2) Conforming amendment Section 8311(1) of title 5, United States Code, is amended by inserting except as provided in section 8312(e), before employee . (b) Absence from the United Sates To avoid prosecution Section 8313(a)(1) of title 5, United States Code, is amended by striking or at the end of subparagraph (A), by striking and at the end of subparagraph (B) and inserting or , and by adding at the end the following: (C) after the date of the enactment of this subparagraph, for an offense described in section 8312(e); and .