[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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,
SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANTS EMPLOYEES.
    (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.