[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[Senate]
[Pages 11170-11172]
[From the U.S. Government Publishing Office, www.gpo.gov]




            PROVIDING FOR CERTAIN FEDERAL EMPLOYEE BENEFITS

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Rules 
Committee be discharged from further consideration of S. 2967 and that 
the Senate then proceed to its consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2967) 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.

  Mrs. BOXER. Mr. President, I ask unanimous consent that the bill be 
read three times, passed, the motions to reconsider be laid upon the 
table,

[[Page 11171]]

and that any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2967) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 2967

       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.--

[[Page 11172]]

       (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.

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