1. U.S. Code
  2. title 2
  3. chapter 30
  4. subchapter III
  5. § 2051

Collapse to view only § 2051. Continued benefits for certain Senate Restaurants employees

§ 2041. House of Representatives restaurant, cafeteria, and food services
(a) Management and duties
(b) Transfer of accounts, records, supplies, equipment, and assets
(c) Special deposit account
(d) Effective date
(Pub. L. 92–51, July 9, 1971, 85 Stat. 133; Pub. L. 104–186, title II, § 221(3)(A), Aug. 20, 1996, 110 Stat. 1748.)

CITE AS: 2 USC 2041

§ 2042. 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.

(Pub. L. 87–82, § 1, July 6, 1961, 75 Stat. 199; Pub. L. 106–57, title I, § 5, Sept. 29, 1999, 113 Stat. 412.)

CITE AS: 2 USC 2042

§ 2043. 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.

(Pub. L. 87–82, § 3, July 6, 1961, 75 Stat. 199.)

CITE AS: 2 USC 2043

§ 2044. 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 approve. Any such payment shall be deposited by the Architect in full under such special deposit account.

(Pub. L. 87–82, § 4, July 6, 1961, 75 Stat. 199; Pub. L. 92–51, July 9, 1971, 85 Stat. 129; Pub. L. 92–342, § 101, July 10, 1972, 86 Stat. 435.)

CITE AS: 2 USC 2044

§ 2045. 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.

(Pub. L. 87–82, § 5, July 6, 1961, 75 Stat. 200; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

CITE AS: 2 USC 2045

§ 2046. 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.

(Pub. L. 87–82, § 6, July 6, 1961, 75 Stat. 200.)

CITE AS: 2 USC 2046

§ 2047. 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.

(Pub. L. 87–82, § 7, July 6, 1961, 75 Stat. 200.)

CITE AS: 2 USC 2047

§ 2048. Repealed. Pub. L. 110–279, § 1(c)(4)(C), July 17, 2008, 122 Stat. 2606

CITE AS: 2 USC 2048

§ 2049. Loans for Senate Restaurants
(a) Borrowing authority
(b) Amount and period of loan; voucher
(c) Deposit, credit, and future availability of proceeds from repayment
(Pub. L. 98–396, title I, Aug. 22, 1984, 98 Stat. 1395.)

CITE AS: 2 USC 2049

§ 2050. Transfer of appropriations for management personnel and miscellaneous restaurant expenses to special deposit account

Appropriations under this span 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.

(Pub. L. 105–55, title I, Oct. 7, 1997, 111 Stat. 1189.)

CITE AS: 2 USC 2050

§ 2051. Continued benefits for certain Senate Restaurants employees
(a) DefinitionsIn this section:
(1) Contractor
(2) Covered individualThe 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
1 See References in Text note below.
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
(4) Transfer date
(b) Election of coverage
(1) In general
(A) Retirement coverage
(B) Life and health insurance coverage
(2) Notification to the Office of Personnel Management
(c) Continuity of benefits
(1) Pay
(2) Retirement and life insurance benefits
(A) In general
(i) Treatment of service
(ii) Treatment of pay
(B) Treatment as Civil Service Retirement Offset employeesIn 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
(4) Leave
(A) Credit of leave
(B) Accrual rate
(C) Omitted
(5) Transit subsidy
(6) Employee pay; Government contributions; transit subsidy payments; and other benefits
(A) Payment by contractorA 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 CapitolFrom appropriations made available to the Architect of the Capitol under the span “Senate Office Buildings” under the span “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
(ii) ContentsRegulations 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
(d) Covered individuals not entitled to severance pay
(1) In generalExcept 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
(ii) Exception
(B) TreatmentFor 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
(2) Plan
(A) In generalNotwithstanding 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 individualsFor 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 generalThis 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
(3) Treatment
(A) Annuity
(B) Separation during 90-day periodFor 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
(h) Deposit of commissions
(1) Senate Restaurants food services contract
(2) Use of funds
(i) Effective date
(Pub. L. 110–279, § 1, July 17, 2008, 122 Stat. 2604; Pub. L. 116–21, § 1(a), June 12, 2019, 133 Stat. 903.)

CITE AS: 2 USC 2051

§ 2052. 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.

(May 18, 1937, ch. 223, § 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, title I, § 102, 60 Stat. 814.)

CITE AS: 2 USC 2052