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.
PL 110-279 (S.2967), enacted 07/17/2008

122 STAT. 2604 
PUBLIC LAW 110–279—JULY 17, 2008 
Public Law 110–279 
110th Congress 
An Act 
To provide for certain Federal employee benefits to be continued for certain employ-
ees 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 RES-
TAURANTS 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 ‘‘CAP-
ITOL 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 
Deadlines. 
2 USC 2051. 
July 17, 2008 
[S. 2967] 
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122 STAT. 2605 
PUBLIC LAW 110–279—JULY 17, 2008 
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 con-
tinue 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 indi-
vidual 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 MANAGE-
MENT.—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 Cap-
itol; 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 employ-
ment 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 
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122 STAT. 2606 
PUBLIC LAW 110–279—JULY 17, 2008 
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 con-
tractor, 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 imple-
ment 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 contin-
uous 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 con-
tractor, for that portion of any payment under subpara-
graph (A) which the Architect of the Capitol agreed 
to pay under a food services contract; and 
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122 STAT. 2607 
PUBLIC LAW 110–279—JULY 17, 2008 
(ii) pay a contractor, or any successor contractor, 
for any administrative fee (or portion of an administra-
tive 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 para-
graphs (2) and (3). 
(ii) CONTENTS.—Regulations under this subpara-
graph shall— 
(I) include regulations relating to employee 
deductions and employee and employer contribu-
tions and deposits in the Civil Service Retirement 
and Disability Fund, the Employees’ Life Insur-
ance Fund, and the Employees Health Benefits 
Fund; and 
(II) provide for the Architect of the Capitol 
to perform employer administrative functions nec-
essary to ensure administration of continued cov-
erage of benefits under paragraphs (2) and (3), 
including receipt and transmission of the deduc-
tions, contributions, and deposits described under 
subclause (I), the collection and transmission of 
such information as necessary, and the perform-
ance 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 con-
tributions 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 
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122 STAT. 2608 
PUBLIC LAW 110–279—JULY 17, 2008 
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 pur-
poses 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 sepa-
ration 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 
Applicability. 
Deadline. 
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122 STAT. 2609 
PUBLIC LAW 110–279—JULY 17, 2008 
(B) except as provided under paragraph (2), a covered 
individual— 
(i) whose employment with a contractor is termi-
nated 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 cov-
ered 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 OMIS-
SIONS.—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. 
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122 STAT. 2610 
PUBLIC LAW 110–279—JULY 17, 2008 
LEGISLATIVE HISTORY—S. 2967: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
June 3, considered and passed Senate. 
July 10, considered and passed House. 
(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. 
Approved July 17, 2008. 
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