2 U.S. Code § 162b - Little Scholars Child Development Center; employee compensation and personnel matters

(a) Election of coverage; creditable service; qualification for survivor annuities and disability benefits; contributions to thrift savings plan; certification concerning creditable service

(1) This subsection shall apply to any individual who—

(A) is employed by the Library of Congress Child Development Center (known as the “Little Scholars Child Development Center”, in this section referred to as the “Center”) established under section 205(g)(1) of the Legislative Branch Appropriations Act, 1991; and

(B) makes an election to be covered by this subsection with the Librarian of Congress, not later than the later of—

(i) 60 days after December 21, 2000; or

(ii) 60 days after the date the individual begins such employment.

(2)

(A) Any individual described under paragraph (1) may be credited, under section 8411 of title 5 for service as an employee of the Center before December 21, 2000, if such employee makes a payment of the deposit under section 8411(f)(2) of such title without application of section 8411(b)(3) of such title.

(B) An individual described under paragraph (1) shall be credited under section 8411 of title 5 for any service as an employee of the Center on or after December 21, 2000, if such employee has such amounts deducted and withheld from his pay as determined by the Office of Personnel Management which would be deducted and withheld from the basic pay of an employee under section 8422 of title 5.

(3) Notwithstanding any other provision of this subsection, any service performed by an individual described under paragraph (1) as an employee of the Center is deemed to be civilian service creditable under section 8411 of title 5 for purposes of qualifying for survivor annuities and disability benefits under subchapters IV and V of chapter 84 of such title, if such individual makes payment of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual if such individual had been an employee subject to section 8422 of title 5 for such period so credited, together with interest thereon.

(4) An individual described under paragraph (1) shall be deemed an employee for purposes of chapter 84 of title 5, including subchapter III of such title,[1] and may make contributions under section 8432 of such title effective for the first applicable pay period beginning on or after the date such individual elects coverage under this section.

(5) The Office of Personnel Management shall accept the certification of the Librarian of Congress concerning creditable service for purposes of this subsection.

(b) Health insurance coverage

Any individual who is employed by the Center on or after the date of enactment of this Act [December 21, 2000], shall be deemed an employee under section 8901(1) of title 5 for purposes of health insurance coverage under chapter 89 of such title. An individual who is an employee of the Center on the date of enactment of this Act may elect coverage under this subsection before the 60th day after the date of enactment of this Act, and during such periods as determined by the Office of Personnel Management for employees of the Center employed after such date.

(c) Life insurance coverage

An individual who is employed by the Center shall be deemed an employee under section 8701(a) of title 5 for purposes of life insurance coverage under chapter 87 of such title.

(d) Government contributions by Librarian from available appropriations

Government contributions for individuals receiving benefits under this section, as computed under sections 8423, 8432, 8708, and 8906 [2] shall be made by the Librarian of Congress from any appropriations available to the Library of Congress.

(e) Payroll and personnel functions of Library of Congress

The Library of Congress, directly or by agreement with its designated representative, shall—

(1) process payroll for Center employees, including making deductions and withholdings from the pay of employees in the amounts determined under sections 8422, 8432, 8707, and 8905 of title 5;

(2) maintain appropriate personnel and payroll records for Center employees, and transmit appropriate information and records to the Office of Personnel Management; and

(3) transmit funds for Government and employee contributions under this section to the Office of Personnel Management.

(f) Responsibilities of Center

The Center shall—

(1) except as provided in subsection (g), pay to the Library of Congress funds sufficient to cover the gross salary and the employer’s share of taxes under section 3111 of title 26 for Center employees, in amounts computed by the Library of Congress;

(2) as required by the Library of Congress, reimburse the Library of Congress for reasonable administrative costs incurred under subsection (e)(1);

(3) comply with regulations and procedures prescribed by the Librarian of Congress for administration of this section;

(4) maintain appropriate records on all Center employees, as required by the Librarian of Congress; and

(5) consult with the Librarian of Congress on the administration and implementation of this section.

(g) Reimbursement for certain compensation

Notwithstanding paragraph (1) of subsection (f), in the case of expenses described in such paragraph which are attributable to the compensation of the Executive Director and Deputy Executive Director of the Center, the Librarian of Congress may reimburse the Center for such expenses from amounts appropriated or otherwise made available for salaries and expenses of the Library of Congress.

(h) Regulations

The Librarian of Congress may prescribe regulations to carry out this section.

(Pub. L. 106–554, § 1(a)(2) [title II, § 210], Dec. 21, 2000, 114 Stat. 2763, 2763A–114; Pub. L. 117–328, div. I, title I, § 141(a), Dec. 29, 2022, 136 Stat. 4932.)

---

[1]  So in original. Probably should be “chapter,”.

[2]  So in original. Probably should be followed by “of title 5”.

Editorial Notes

References in Text

Section 205(g)(1) of the Legislative Branch Appropriations Act, 1991, referred to in subsec. (a)(1)(A), is section 205(g)(1) of Pub. L. 101–520, which is set out as a note under section 141 of this title.

Amendments

2022—Subsec. (f)(1). Pub. L. 117–328, § 141(a)(1), substituted “except as provided in subsection (g), pay to the Library of Congress” for “pay to the Library of Congress”.

Subsecs. (g), (h). Pub. L. 117–328, § 141(a)(2), (3), added subsec. (g) and redesignated former subsec. (g) as (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. I, title I, § 141(b), Dec. 29, 2022, 136 Stat. 4932, provided that:

“The amendment made by this section [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year.”

Funding for Little Scholars Child Development Center and Tiny Findings Child Development Center

Pub. L. 116–159, div. A, § 159, Oct. 1, 2020, 134 Stat. 721, provided that:

“Notwithstanding any other provision of this Act [div. A of Pub. L. 116–159, see Tables for classification]—

“(1) the authority of the Library of Congress to reimburse the Little Scholars Child Development Center at the Library of Congress under section 19004 of the CARES Act (2 U.S.C. 162b note; 134 Stat. 578) shall remain in effect with respect to salaries incurred until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic; and

“(2) the authority of the Government Accountability Office to reimburse the Tiny Findings Child Development Center under section 19009 of the CARES Act (134 Stat. 579) shall remain in effect with respect to salaries incurred until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic.”

(3) [Amended section 19005(a) of Pub. L. 116–136, set out as a note under 1816b of this title.]

Source of Funds Used for Payment of Salaries and Expenses of Little Scholars Child Development Center

Pub. L. 116–136, div. B, title IX, § 19004, Mar. 27, 2020, 134 Stat. 578, as amended by Pub. L. 116–260, div. O, title XI, § 1101(b)(1), (2), Dec. 27, 2020, 134 Stat. 2156, 2157, provided that:

“(a) Reimbursements.—

During the period beginning on the date of enactment of the Consolidated Appropriations Act, 2021 [Dec. 27, 2020] and ending on the termination date of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic, the Library of Congress shall reimburse the Little Scholars Child Development Center for expenses, due to measures taken in the Capitol complex to combat coronavirus, as calculated under subsection (b) and from amounts in the appropriations account ‘Library of Congress—Salaries and Expenses’.

“(b) Amount.—

The amount of the reimbursement under this section for each month of the period described in subsection (a) shall be equal to the difference between—

“(1) the lesser of—

“(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or

“(B) $118,500; and

“(2) the amount of tuition payments collected by the Center for such month.”

[For definition of “coronavirus” as used in section 19004 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out below.]

Definition

Pub. L. 116–136, div. B, title XIII, § 23005, Mar. 27, 2020, 134 Stat. 614, provided that:

“In this Act [div. B of Pub. L. 116–136, see Tables for classification], the term ‘coronavirus’ means SARS–CoV–2 or another coronavirus with pandemic potential.”