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(b) The chapter analysis for chapter 4 of title 4, Unit-
ed States Code, is amended in the item for section 113 by
striking ‘‘for State income tax laws’’.
SEC. 309. (a) SEVERANCE PAY.—Section 5595 of title
5, United States Code, is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (D) by striking ‘‘and’’
after the semicolon; and
(B) by adding after subparagraph (E) the
following new subparagraph:
‘‘(F) the Office of the Architect of the Cap-
itol, but only with respect to the United States
Senate Restaurants; and’’;
(2) in subsection (a)(2)—
(A) in clause (vii) by striking ‘‘or’’ after the
semicolon;
(B) by redesignating clause (viii) as clause
(ix) and inserting after clause (vii) the following:
‘‘(viii) an employee of the United
States Senate Restaurants of the Office of
the Architect of the Capitol, who is em-
ployed on a temporary when actually em-
ployed basis; or’’; and
(3) in subsection (b) by adding at the end the
following: ‘‘The Architect of the Capitol may prescribe
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regulations to effect the application and operation of
this section to the agency specified in subsection
(a)(1)(F) of this section.’’.
(b) EARLY RETIREMENT.—(1) This subsection applies
to an employee of the United States Senate Restaurants of
the Office of the Architect of the Capitol who—
(A) voluntarily separates from service on or after
the date of enactment of this Act and before October
1, 1999; and
(B) on such date of separation—
(i) has completed 25 years of service as de-
fined 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) 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.
(c) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—
(1) In this subsection, the term ‘‘employee’’ means an em-
ployee of the United States Senate Restaurants of the Office
of the Architect of the Capitol, serving without limitation,
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who has been currently employed for a continuous period
of at least 12 months, except that such term shall not in-
clude—
(A) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5, United
States Code, or another retirement system for employ-
ees of the Government;
(B) an employee having a disability on the basis
of which such employee is or would be eligible for dis-
ability retirement under any of the retirement sys-
tems referred to in subparagraph (A); or
(C) an employee who is employed on a tem-
porary when actually employed basis.
(2) Notwithstanding any other provision of law, in
order to avoid or minimize the need for involuntary separa-
tions due to a reduction in force, reorganization, transfer
of function, or other similar action affecting the agency, the
Architect of the Capitol shall establish a program under
which voluntary separation incentive payments may be of-
fered to encourage not more than 50 eligible employees to
separate from service voluntarily (whether by retirement or
resignation) during the period beginning on the date of the
enactment of this Act through September 30, 1999.
(3) Such voluntary separation incentive payments
shall be paid in accordance with the provisions of section
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5597(d) of title 5, United States Code. Any such payment
shall not be a basis of payment, and shall not be included
in the computation, of any other type of Government bene-
fit.
(4)(A) Subject to subparagraph (B), an employee who
has received a voluntary separation incentive payment
under this section and accepts employment with the Govern-
ment of the United States within 5 years after the date of
the separation on which the payment is based shall be re-
quired to repay the entire amount of the incentive payment
to the agency that paid the incentive payment.
(B)(i) If the employment is with an Executive agency
(as defined by section 105 of title 5, United State Code),
the Director of the Office of Personnel Management may,
at the request of the head of the agency, waive the repay-
ment if the individual involved possesses unique abilities
and is the only qualified applicant available for the posi-
tion.
(ii) If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing official
may waive the repayment if the individual involved pos-
sesses unique abilities and is the only qualified applicant
available for the position.
(iii) If the employment is with the judicial branch, the
Director of the Administrative Office of the United States
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Courts may waive the repayment if the individual involved
possesses unique abilities and is the only qualified appli-
cant available for the position.
(C) For purposes of subparagraph (A) (but not sub-
paragraph (B)), the term ‘‘employment’’ includes employ-
ment under a personal services contract with the United
States.
(5) The Architect of the Capitol may prescribe regula-
tions to carry out this subsection.
(d) COMPETITIVE SERVICE TREATMENT FOR CERTAIN
EMPLOYEES.—(1) This subsection applies to any employee
of the United States Senate Restaurants of the Office of the
Architect of the Capitol who—
(A) is involuntarily separated from service on or
after the date of the enactment of this Act and before
October 1, 1999 (except by removal for cause on
charges of misconduct or delinquency); and
(B) has performed any period of service em-
ployed in the Office of the Architect of the Capitol
(including the United States Senate Restaurants) in
a position in the excepted service as defined under
section 2103 of title 5, United States Code.
(2) For purposes of applying for employment for any
position in the executive branch (including for purposes of
the administration of chapter 33 of title 5, United States
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Code, with respect to such employment application), any
period of service described under paragraph (1)(B) of this
subsection shall be deemed a period of service in the com-
petitive service as defined under section 2102 of title 5,
United States Code.
(3) This subsection shall—
(A) take effect on the date of enactment of this
Act; and
(B) apply only to an employment application
submitted by an employee during the 2-year period
beginning on the date of such employee’s separation
from service described under paragraph (1)(A).
(e) RETRAINING, JOB PLACEMENT, AND COUNSELING
SERVICES.—(1) In this subsection, the term ‘‘employee’’—
(A) means an employee of the United States Sen-
ate Restaurants of the Office of the Architect of the
Capitol; and
(B) shall not include—
(i) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement sys-
tem for employees of the Government; or
(ii) an employee who is employed on a tem-
porary when actually employed basis.
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(2) The Architect of the Capitol may establish a pro-
gram to provide retraining, job placement, and counseling
services to employees and former employees.
(3) A former employee may not participate in a pro-
gram established under this subsection, if—
(A) the former employee was separated from
service with the United States Senate Restaurants of
the Office of the Architect of the Capitol for more than
1 year; or
(B) the separation was by removal for cause on
charges of misconduct or delinquency.
(4) Retraining costs for the program established under
this subsection may not exceed $5,000 for each employee or
former employee.
(f) ADMINISTRATIVE PROVISIONS.—(1) The Architect
of the Capitol—
(A) may use employees of the Office of the Archi-
tect of the Capitol to establish and administer pro-
grams and carry out the provisions of this section;
and
(B) may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, to carry out such provisions—
(i) not subject to the 1 year of service limi-
tation under such section 3109(b); and
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(ii) at rates for individuals which do not
exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(2) Funds to carry out subsections (a) and (c) may
be expended only from funds available for the basic pay
of the employee who is receiving the applicable payment.
(3) Funds to carry out subsection (e) may be expended
from any funds made available to the Architect of the Cap-
itol.
Attest:
Secretary.
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