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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANTS EMPLOYEES.CommentsClose CommentsPermalink

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) CONTRACTOR- The term `contractor'‘contractor’ means the private business concern that enters into a food services contract with the Architect of the Capitol.CommentsClose CommentsPermalink





(2) COVERED INDIVIDUAL- The term `covered individual'‘covered individual’ means any individual who--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) a permanent, full-time or part-time employee;CommentsClose CommentsPermalink





(ii) a temporary, full-time or part-time employee; andCommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(B) becomes an employee of the contractor under a food services contract on the transfer date; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) TRANSFER DATE- The term `transfer date'‘transfer date’ means the date on which a contractor begins the performance of food services operations under a food services contract.CommentsClose CommentsPermalink





(b) Election of Coverage-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(c) Continuity of Benefits-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) RETIREMENT AND LIFE INSURANCE BENEFITS-CommentsClose CommentsPermalink





(A) IN GENERAL- For purposes of chapters 83, 84, and 87 of title 5, United States Code--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(I) employment of an individual described under section 8402(b)(2) of title 5, United States Code; andCommentsClose CommentsPermalink





(II) Federal service as defined under section 8349(c) of title 5, United States Code; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) LEAVE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) EMPLOYEE PAY; GOVERNMENT CONTRIBUTIONS; TRANSIT SUBSIDY PAYMENTS; AND OTHER BENEFITS-CommentsClose CommentsPermalink





(A) PAYMENT BY CONTRACTOR- A contractor, or any successor to the contractor, shall pay--CommentsClose CommentsPermalink





(i) the pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service;CommentsClose CommentsPermalink





(ii) Government contributions for the benefits of a covered individual under paragraph (2) or (3);CommentsClose CommentsPermalink





(iii) any transit subsidy for a covered individual under paragraph (5); andCommentsClose CommentsPermalink





(iv) any payment for any other benefit for a covered individual in accordance with a food services contract.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) REGULATIONS-CommentsClose CommentsPermalink





(A) OFFICE OF PERSONNEL MANAGEMENT-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(ii) CONTENTS- Regulations under this subparagraph shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Covered Individuals Not Entitled to Severance Pay-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) separation from service with the Architect of the Capitol and becoming an employee of a contractor under a food services contract; orCommentsClose CommentsPermalink





(B) termination of employment with a contractor, or successor to a contractor.CommentsClose CommentsPermalink





(2) SEPARATION DURING 90-DAY PERIOD-CommentsClose CommentsPermalink





(A) IN GENERAL-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(ii) EXCEPTION- Clause (i) shall not apply to a covered individual who is terminated for cause.CommentsClose CommentsPermalink





(B) TREATMENT- For purposes of section 5595 of title 5, United States Code--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Voluntary Separation Incentive Payments-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) PLAN-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) TREATMENT OF COVERED INDIVIDUALS- For purposes of the plan under this subsection--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Early Retirement Treatment for Certain Separated Employees-CommentsClose CommentsPermalink





(1) IN GENERAL- This subsection applies to--CommentsClose CommentsPermalink





(A) an employee of the Senate Restaurants of the Office of the Architect of the Capitol who--CommentsClose CommentsPermalink





(i) voluntarily separates from service on or after the date of enactment of this Act, but prior to the day before the transfer date; andCommentsClose CommentsPermalink





(ii) on such date of separation--CommentsClose CommentsPermalink





(I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; orCommentsClose CommentsPermalink





(II) has completed 20 years of such service and is at least 50 years of age; andCommentsClose CommentsPermalink





(B) except as provided under paragraph (2), a covered individual--CommentsClose CommentsPermalink





(i) whose employment with a contractor is terminated as provided under a food services contract during the 90-day period following the transfer date; andCommentsClose CommentsPermalink





(ii) on the date of such termination--CommentsClose CommentsPermalink





(I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; orCommentsClose CommentsPermalink





(II) has completed 20 years of such service and is at least 50 years of age.CommentsClose CommentsPermalink





(2) EXCEPTION- Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause.CommentsClose CommentsPermalink





(3) TREATMENT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) SEPARATION DURING 90-DAY PERIOD- For purposes of chapter 83 or 84 of title 5, United States Code--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(g) Congressional Accountability Act of 1995-CommentsClose CommentsPermalink





(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'’.CommentsClose CommentsPermalink





(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'’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(h) Deposit of Commissions-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Passed the Senate June 3, 2008.Attest:Secretary.