[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 2967 Enrolled Bill (ENR)]
S.2967
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To provide for certain Federal employee benefits to be continued for
certain employees of the Senate Restaurants after operations of the
Senate Restaurants are contracted to be performed by a private business
concern, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Definitions.--In this section:
(1) Contractor.--The term ``contractor'' means the private
business concern that enters into a food services contract with the
Architect of the Capitol.
(2) Covered individual.--The term ``covered individual'' means
any individual who--
(A) is a Senate Restaurants employee who is an employee of
the Architect of the Capitol on the date of enactment of this
Act, including--
(i) a permanent, full-time or part-time employee;
(ii) a temporary, full-time or part-time employee; and
(iii) an employee in a position described under the
second or third provisos under the subheading ``senate
office buildings'' under the heading ``Capitol Buildings
and Grounds'' under the heading ``ARCHITECT OF THE
CAPITOL'' in the Legislative Branch Appropriations Act,
1972 (2 U.S.C. 2048);
(B) becomes an employee of the contractor under a food
services contract on the transfer date; and
(C) with respect to benefits under subsection (c)(2) or
(3), files an election before the transfer date with the Office
of Human Resources of the Architect of the Capitol to have 1 or
more benefits continued in accordance with this section.
(3) Food services contract.--The term ``food services
contract'' means a contract under which food services operations of
the Senate Restaurants are transferred to, and performed by, a
private business concern.
(4) Transfer date.--The term ``transfer date'' means the date
on which a contractor begins the performance of food services
operations under a food services contract.
(b) Election of Coverage.--
(1) In general.--
(A) Retirement coverage.--Not later than the day before the
transfer date, an individual described under subsection
(a)(2)(A) and (B) may file an election with the Office of Human
Resources of the Architect of the Capitol to continue coverage
under the retirement system under which that individual is
covered on that day.
(B) Life and health insurance coverage.--If the individual
files an election under subparagraph (A) to continue retirement
coverage, the individual may also file an election with the
Office of Human Resources of the Architect of the Capitol to
continue coverage of any other benefit under subsection (c)(2)
or (3) for which that individual is covered on that day. Any
election under this subparagraph shall be filed not later than
the day before the transfer date.
(2) Notification to the office of personnel management.--The
Office of Human Resources of the Architect of the Capitol shall
provide timely notification to the Office of Personnel Management
of any election filed under paragraph (1).
(c) Continuity of Benefits.--
(1) Pay.--The rate of basic pay of a covered individual as an
employee of a contractor, or successor contractor, during a period
of continuous service may not be reduced to a rate less than the
rate of basic pay paid to that individual as an employee of the
Architect of the Capitol on the day before the transfer date,
except for cause.
(2) Retirement and life insurance benefits.--
(A) In general.--For purposes of chapters 83, 84, and 87 of
title 5, United States Code--
(i) any period of continuous service performed by a
covered individual as an employee of a contractor, or
successor contractor, shall be deemed to be a period of
service as an employee of the Architect of the Capitol; and
(ii) the rate of basic pay of the covered individual
during the period described under clause (i) shall be
deemed to be the rate of basic pay of that individual as an
employee of the Architect of the Capitol on the date on
which the Architect of the Capitol enters into the food
services contract.
(B) Treatment as civil service retirement offset
employees.--In the case of a covered individual who on the day
before the transfer date is subject to subchapter III of
chapter 83 of title 5, United States Code, but whose employment
with the Architect of the Capitol is not employment for
purposes of title II of the Social Security Act and chapter 21
of the Internal Revenue Code of 1986--
(i) the employment described under subparagraph (A)(i)
shall, for purposes of subchapter III of chapter 83 of
title 5, United States Code, be deemed to be--
(I) employment of an individual described under
section 8402(b)(2) of title 5, United States Code; and
(II) Federal service as defined under section
8349(c) of title 5, United States Code; and
(ii) the basic pay described under subparagraph (A)(ii)
for employment described under subparagraph (A)(i) shall be
deemed to be Federal wages as defined under section
8334(k)(2)(C)(i) of title 5, United States Code.
(3) Health insurance benefits.--For purposes of chapters 89,
89A, and 89B of title 5, United States Code, any period of
continuous service performed by a covered individual as an employee
of a contractor, or successor contractor, shall be deemed to be a
period of service as an employee of the Architect of the Capitol.
(4) Leave.--
(A) Credit of leave.--Subject to section 6304 of title 5,
United States Code, annual and sick leave balances of any
covered individual shall be credited to the leave accounts of
that individual as an employee of the contractor, or any
successor contractor. A food services contract may include
provisions similar to regulations prescribed under section 6308
of title 5, United States Code, to implement this subparagraph.
(B) Accrual rate.--During any period of continuous service
performed by a covered individual as an employee of a
contractor, or successor contractor, that individual shall
continue to accrue annual and sick leave at rates not less than
the rates applicable to that individual on the day before the
transfer date.
(C) Technical and conforming amendment.--The second and
third provisos under the subheading ``senate office buildings''
under the heading ``Capitol Buildings and Grounds'' under the
heading ``ARCHITECT OF THE CAPITOL'' in the Legislative Branch
Appropriations Act, 1972 (2 U.S.C. 2048) are repealed.
(5) Transit subsidy.--For purposes of any benefit under section
7905 of title 5, United States Code, any period of continuous
service performed by a covered individual as an employee of a
contractor, or successor contractor, shall be deemed to be a period
of service as an employee of the Architect of the Capitol.
(6) Employee pay; government contributions; transit subsidy
payments; and other benefits.--
(A) Payment by contractor.--A contractor, or any successor
to the contractor, shall pay--
(i) the pay of a covered individual as an employee of a
contractor, or successor contractor, during a period of
continuous service;
(ii) Government contributions for the benefits of a
covered individual under paragraph (2) or (3);
(iii) any transit subsidy for a covered individual
under paragraph (5); and
(iv) any payment for any other benefit for a covered
individual in accordance with a food services contract.
(B) Reimbursements and payments by architect of the
capitol.--From appropriations made available to the Architect
of the Capitol under the heading ``Senate Office Buildings''
under the heading ``ARCHITECT OF THE CAPITOL'', the Architect
of the Capitol shall--
(i) reimburse a contractor, or any successor
contractor, for that portion of any payment under
subparagraph (A) which the Architect of the Capitol agreed
to pay under a food services contract; and
(ii) pay a contractor, or any successor contractor, for
any administrative fee (or portion of an administrative
fee) which the Architect of the Capitol agreed to pay under
a food services contract.
(7) Regulations.--
(A) Office of personnel management.--
(i) In general.--After consultation with the Architect
of the Capitol, the Director of the Office of Personnel
Management shall prescribe regulations to provide for the
continuity of benefits under paragraphs (2) and (3).
(ii) Contents.--Regulations under this subparagraph
shall--
(I) include regulations relating to employee
deductions and employee and employer contributions and
deposits in the Civil Service Retirement and Disability
Fund, the Employees' Life Insurance Fund, and the
Employees Health Benefits Fund; and
(II) provide for the Architect of the Capitol to
perform employer administrative functions necessary to
ensure administration of continued coverage of benefits
under paragraphs (2) and (3), including receipt and
transmission of the deductions, contributions, and
deposits described under subclause (I), the collection
and transmission of such information as necessary, and
the performance of other administrative functions as
may be required.
(B) Thrift savings plan benefits.--After consultation with
the Architect of the Capitol, the Executive Director appointed
by the Federal Retirement Thrift Investment Board under section
8474(a) of title 5, United States Code, shall prescribe
regulations to provide for the continuity of benefits under
paragraph (2) of this subsection relating to subchapter III of
chapter 84 of that title. Regulations under this subparagraph
shall include regulations relating to employee deductions and
employee and employer contributions and deposits in the Thrift
Savings Fund.
(d) Covered Individuals Not Entitled to Severance Pay.--
(1) In general.--Except as provided under paragraph (2), a
covered individual shall not be entitled to severance pay under
section 5595 of title 5, United States Code, by reason of--
(A) separation from service with the Architect of the
Capitol and becoming an employee of a contractor under a food
services contract; or
(B) termination of employment with a contractor, or
successor to a contractor.
(2) Separation during 90-day period.--
(A) In general.--
(i) Covered individuals.--Except as provided under
clause (ii), a covered individual shall be entitled to
severance pay under section 5595 of title 5, United States
Code, if during the 90-day period following the transfer
date the employment of that individual with a contractor is
terminated as provided under a food services contract.
(ii) Exception.--Clause (i) shall not apply to a
covered individual who is terminated for cause.
(B) Treatment.--For purposes of section 5595 of title 5,
United States Code--
(i) any period of continuous service performed by a
covered individual described under subparagraph (A) as an
employee of a contractor shall be deemed to be a period of
service as an employee of the Architect of the Capitol; and
(ii) any termination of employment of a covered
individual described under subparagraph (A) with a
contractor shall be treated as a separation from service
with the Architect of the Capitol.
(e) Voluntary Separation Incentive Payments.--
(1) Submission of plan.--Not later than 30 days after the date
of enactment of this Act, the Architect of the Capitol shall submit
a plan under section 210 of the Legislative Branch Appropriations
Act, 2005 (2 U.S.C. 60q) to the applicable committees as provided
under that section.
(2) Plan.--
(A) In general.--Notwithstanding section 210(e) of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q(e)),
the plan submitted under this subsection shall--
(i) offer a voluntary separation incentive payment to
any employee described under subsection (a)(2)(A) of this
section in accordance with section 210 of that Act; and
(ii) offer such a payment to any such employee who
becomes a covered individual, if that individual accepts
the offer during the 90-day period following the transfer
date.
(B) Treatment of covered individuals.--For purposes of the
plan under this subsection--
(i) any period of continuous service performed by a
covered individual as an employee of a contractor shall be
deemed to be a period of service as an employee of the
Architect of the Capitol; and
(ii) any termination of employment of a covered
individual with a contractor shall be treated as a
separation from service with the Architect of the Capitol.
(f) Early Retirement Treatment for Certain Separated Employees.--
(1) In general.--This subsection applies to--
(A) an employee of the Senate Restaurants of the Office of
the Architect of the Capitol who--
(i) voluntarily separates from service on or after the
date of enactment of this Act, but prior to the day before
the transfer date; and
(ii) on such date of separation--
(I) has completed 25 years of service as defined
under section 8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such service and is
at least 50 years of age; and
(B) except as provided under paragraph (2), a covered
individual--
(i) whose employment with a contractor is terminated as
provided under a food services contract during the 90-day
period following the transfer date; and
(ii) on the date of such termination--
(I) has completed 25 years of service as defined
under section 8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such service and is
at least 50 years of age.
(2) Exception.--Paragraph (1)(B) shall not apply to a covered
individual who is terminated for cause.
(3) Treatment.--
(A) Annuity.--Notwithstanding any provision of chapter 83
or 84 of title 5, United States Code, an employee described
under paragraph (1) is entitled to an annuity which shall be
computed consistent with the provisions of law applicable to
annuities under section 8336(d) or 8414(b) of title 5, United
States Code.
(B) Separation during 90-day period.--For purposes of
chapter 83 or 84 of title 5, United States Code--
(i) any period of continuous service performed by a
covered individual described under paragraphs (1)(B) and
(2) as an employee of a contractor shall be deemed to be a
period of service as an employee of the Architect of the
Capitol; and
(ii) any termination of employment of a covered
individual described under paragraphs (1)(B) and (2) with a
contractor shall be treated as a separation from service
with the Architect of the Capitol.
(g) Congressional Accountability Act of 1995.--
(1) Employees of the architect of the capitol.--Section 101(5)
of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(5))
is amended by striking ``, the Botanic Garden, or the Senate
Restaurant'' and inserting ``or the Botanic Garden''.
(2) Disabilities.--Section 210(a)(7) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by
striking ``the Senate Restaurants and the Botanic Garden'' and
inserting ``the Botanic Garden''.
(3) Continuing application to certain acts and omissions.--For
purposes of the Congressional Accountability Act of 1995 (2 U.S.C.
1301 et seq.) a covered individual shall be treated as an employee
of the Architect of the Capitol with respect to any act or omission
which occurred before the transfer date.
(h) Deposit of Commissions.--
(1) Senate restaurants food services contract.--Any commissions
paid by a contractor under a food services contract shall be
deposited in the miscellaneous items account within the contingent
fund of the Senate.
(2) Use of funds.--Any funds deposited under paragraph (1)
shall be available for expenditure in the same manner as funds
appropriated into that account.
(i) Effective Date.--This Act shall take effect on the date of
enactment of this Act and apply to the remainder of the fiscal year in
which enacted and each fiscal year thereafter.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

06f3d7b93a34d5d299f358cb974c2356fe7cf5f8da6417bbaa9d707d5d70d7f9

A bill to provide for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after operations of the Senate Restaurants are contracted to be performed by a private business concern, and for other purposes.

A bill to provide for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after operations of the Senate Restaurants are contracted to be performed by a private business concern, and for other purposes. — S. 2967

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