House of Representatives restaurant, cafeteria, and food services
(a) Management and duties
Notwithstanding any other authority with respect to the jurisdiction and control over the management of the House Restaurant and the cafeteria and other food service facilities of the House of Representatives, the jurisdiction over such restaurant and facilities and authority over the direction and supervision of the immediate management and operation thereof shall be vested in the Committee on House Oversight; and the immediate management and operation of such restaurant and facilities may be vested in such official or other authority, acting as the agent of the committee, as the committee may designate; and the official or authority so designated shall perform the duties vested in the Architect of the Capitol by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress).
(b) Transfer of accounts, records, supplies, equipment, and assets
The Architect of the Capitol is hereby authorized and directed to transfer, as the Committee on House Oversight directs, all accounts, records, supplies, equipment, and assets of the House Restaurant and the cafeteria and other food service facilities of the House which are in the possession or under the control of the Architect of the Capitol in order that all such items may be available for the maintenance and operation of the House Restaurant under the authority of, and as directed by, the Committee on House Oversight.
(c) Special deposit account
All authority, responsibility, and functions vested in or imposed upon the Architect of the Capitol in connection with the special deposit account established by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, shall be vested in or imposed upon such other official, authority, or authorities as the Committee on House Oversight may designate.
(d) Effective date
The provisions of this section shall become effective on the first day of the first calendar month beginning after the date of adoption of this resolution, until otherwise provided by law.
Senate Restaurants; management by Architect of the Capitol
Effective August 1, 1961, the management of the Senate Restaurants and all matters connected therewith, heretofore under the direction of the Senate Committee on Rules and Administration, shall be under the direction of the Architect of the Capitol under such rules and regulations as the Architect may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurants by such business methods as may produce the best results consistent with economical and modern management, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy: Provided , That the management of the Senate Restaurants by the Architect of the Capitol shall cease and the restaurants revert from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Senate Committee on Rules and Administration upon adoption by that committee of a resolution ordering such transfer of jurisdiction at any time hereafter. The provisions of section 5104(c) of title 40, except for the provisions relating to solicitation, shall not apply to any activity carried out pursuant to this section, subject to the approval of such activities by the Committee on Rules and Administration.
Authorization and direction to effectuate purposes of sections 2042 to 2047 of this title
The Architect of the Capitol is authorized and directed to carry into effect for the United States Senate the provisions of sections 2042 to 2047 of this title and to exercise the authorities contained herein, and any resolution of the Senate amendatory hereof or supplementary hereto hereafter adopted. Such authority and direction shall continue until the United States Senate shall by resolution otherwise order, or until the Senate Committee on Rules and Administration shall by resolution order the restaurants to be returned to the committee's jurisdiction.
Special deposit account
There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 2042 to 2047 of this title or any amendatory or supplementary resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 2042 to 2047 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a "Contingent Expenses of the Senate" item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may ap prove. Any such payment shall be deposited by the Architect in full under such special deposit account.
Deposits and disbursements under special deposit account
Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the Government Accountability Office at such times and in such manner as the Comptroller General may direct: Provided , That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the Government.
Bond of Architect, Assistant Architect, and other employees
The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under section 2045 of this title shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account.
Supersedure of prior provisions for maintenance and operation of Senate Restaurants
Sections 2042 to 2047 of this title shall supersede any other Acts or resolutions heretofore approved for the maintenance and operation of the Senate Restaurants: Provided, however , That any Acts or resolutions now in effect shall again become effective, should the restaurants at any future time revert to the jurisdiction of the Senate Committee on Rules and Administration.
Loans for Senate Restaurants
(a) Borrowing authority
Subject to the approval of the Senate Committee on Rules and Administration, the Architect of the Capitol shall have authority to borrow (and be accountable for), from time to time, from the appropriation account, within the contingent fund of the Senate, for "Miscellaneous Items", such amount as he may determine necessary to carry out the provisions of the joint resolution entitled "Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes", approved July 6, 1961, as amended (40 U.S.C. 174j–1 through 174j–8) [2 U.S.C. 2042 et seq.], 1 and resolutions of the Senate amendatory thereof or supplementary thereto.
(b) Amount and period of loan; voucher
Any such loan authorized pursuant to subsection (a) of this section shall be for such amount and for such period as the Senate Committee on Rules and Administration shall prescribe, and shall be made by the Secretary of the Senate to the Architect of the Capitol upon a voucher approved by the Chairman of the Senate Committee on Rules and Administration.
(c) Deposit, credit, and future availability of proceeds from repayment
All proceeds from the repayment of any such loan shall be deposited in the appropriation account, within the contingent fund of the Senate, for "Miscellaneous Items", shall be credited to the fiscal year during which such loan was made, and shall thereafter be available for the same purposes for which the amount loaned was initially appropriated.
Transfer of appropriations for management personnel and miscellaneous restaurant expenses to special deposit account
Appropriations under this heading for management personnel and miscellaneous restaurant expenses on and after October 7, 1997, shall be transferred at the beginning of each fiscal year to the special deposit account in the United States Treasury established under section 2044 of this title, and effective October 1, 1997, all management personnel of the Senate Restaurant facilities shall be paid from the special deposit account. Management personnel transferred hereunder shall be paid at the same rates of pay applicable immediately prior to the date of transfer, and annual and sick leave balances shall be credited to leave accounts of such personnel in the Senate Restaurants.
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 July 17, 2008, 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 section 2048 1 of this title;
(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 sub section (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
(i) Treatment of service
For purposes of chapters 83, 84, and 87 of title 5, 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.
(ii) Treatment of pay
For purposes of chapter 87 of title 5, the rate of basic pay of a 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 but whose employment with the Architect of the Capitol is not employment for purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26—
(i) the employment described under subparagraph (A)(i) shall, for purposes of subchapter III of chapter 83 of title 5, be deemed to be—
(I) employment of an individual described under section 8402(b)(2) of title 5; and
(II) Federal service as defined under section 8349(c) of title 5; 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.
(3) Health insurance benefits
For purposes of chapters 89, 89A, and 89B of title 5, 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, 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 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) Omitted
(5) Transit subsidy
For purposes of any benefit under section 7905 of title 5, 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 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 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 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—
(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 July 17, 2008, the Architect of the Capitol shall submit a plan under section 4505 of this title to the applicable committees as provided under that section.
(2) Plan
(A) In general
Notwithstanding section 4505(e) of this title, 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 4505 of this title; 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 July 17, 2008, 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; 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; 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, 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.
(B) Separation during 90-day period
For purposes of chapter 83 or 84 of title 5—
(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), (2) Omitted
(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 section shall take effect on July 17, 2008, and apply to the remainder of the fiscal year in which enacted and each fiscal year thereafter.
Senate restaurant deficit fund; deposit of proceeds from surcharge on orders
The Committee on Rules and Administration of the United States Senate is authorized and directed hereafter to add a minimum of 10 per centum to each order in excess of 10 cents served in the Senate restaurants and 20 per centum to all orders served outside of said restaurants, and the proceeds accruing therefrom shall be placed in a fund to be used in the payment of any deficit incurred in the management of such kitchens and restaurants.
Source: United States Code / CFR (uscode.house.gov, govinfo.gov) — U.S. federal law, public domain (17 U.S.C. § 105).
