[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5159 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 27 (legislative day, September 17), 2008.
Resolved, That the bill from the House of Representatives (H.R.
5159) entitled ``An Act to establish the Office of the Capitol Visitor
Center within the Office of the Architect of the Capitol, headed by the
Chief Executive Officer for Visitor Services, to provide for the
effective management and administration of the Capitol Visitor Center,
and for other purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Capitol Visitor
Center Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CAPITOL VISITOR CENTER
Sec. 101. Designation of facility as Capitol Visitor Center; purposes
of facility; treatment of the Capitol
Visitor Center.
Sec. 102. Designation and naming within the Capitol Visitor Center.
Sec. 103. Use of the Emancipation Hall of the Capitol Visitor Center.
TITLE II--OFFICE OF THE CAPITOL VISITOR CENTER
Sec. 201. Establishment.
Sec. 202. Appointment and supervision of Chief Executive Officer for
Visitor Services.
Sec. 203. General duties of Chief Executive Officer.
Sec. 204. Assistant to the Chief Executive Officer.
Sec. 205. Gift shop.
Sec. 206. Food service operations.
TITLE III--CAPITOL VISITOR CENTER REVOLVING FUND
Sec. 301. Establishment and accounts.
Sec. 302. Deposits in the Fund.
Sec. 303. Use of monies.
Sec. 304. Administration of Fund.
TITLE IV--CAPITOL GUIDE SERVICE AND OFFICE OF CONGRESSIONAL
ACCESSIBILITY SERVICES
Subtitle A--Capitol Guide Service
Sec. 401. Transfer of Capitol Guide Service.
Sec. 402. Duties of employees of Capitol Guide Service.
Subtitle B--Office of Congressional Accessibility Services
Sec. 411. Office of Congressional Accessibility Services.
Sec. 412. Transfer from Capitol Guide Service.
Subtitle C--Transfer Date and Technical and Conforming Amendments
Sec. 421. Transfer date.
Sec. 422. Technical and conforming amendments.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Jurisdictions unaffected.
Sec. 502. Student loan repayment authority.
Sec. 503. Acceptance of volunteer services.
Sec. 504. Coins treated as gifts.
Sec. 505. Flexible work schedule pilot program.
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
Sec. 601. Authorization of appropriations.
TITLE I--CAPITOL VISITOR CENTER
SEC. 101. DESIGNATION OF FACILITY AS CAPITOL VISITOR CENTER; PURPOSES
OF FACILITY; TREATMENT OF THE CAPITOL VISITOR CENTER.
(a) Designation.--The facility authorized for construction under
the heading ``Capitol visitor center'' under chapter 5 of title II of
division B of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-569) is
designated as the Capitol Visitor Center and is a part of the Capitol.
(b) Purposes of the Facility.--The Capitol Visitor Center shall be
used--
(1) to provide enhanced security for persons working in or
visiting the United States Capitol;
(2) to improve the visitor experience by providing a
structure that will afford improved visitor orientation and
enhance the educational experience of those who have come to
learn about the Congress and the Capitol; and
(3) for other purposes as determined by Congress or the
Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of
Representatives.
(c) Treatment of the Capitol Visitor Center.--
(1) Oversight.--The Committee on Rules and Administration
of the Senate and the Committee on House Administration of the
House of Representatives shall have oversight of the Capitol
Visitor Center.
(2) Treatment of expansion space of the senate and house of
representatives in the capitol visitor center.--
(A) Senate.--The expansion space of the Senate
described as unassigned space under the heading
``Capitol Visitor Center'' under the heading
``ARCHITECT OF THE CAPITOL'' under title II of the Act
entitled ``An Act making appropriations for the
Legislative Branch for the fiscal year ending September
30, 2002, and for other purposes'', approved November
12, 2001 (Public Law 107-68; 115 Stat. 588) shall be
part of the Senate wing of the Capitol.
(B) House of representatives.--The expansion space
of the House of Representatives described as unassigned
space under the heading ``Capitol Visitor Center''
under the heading ``ARCHITECT OF THE CAPITOL'' under
title II of the Act entitled ``An Act making
appropriations for the Legislative Branch for the
fiscal year ending September 30, 2002, and for other
purposes'', approved November 12, 2001 (Public Law 107-
68; 115 Stat. 588) shall be part of the House of
Representatives wing of the Capitol.
(d) Treatment of Congressional Auditorium and Related Adjacent
Areas.--
(1) In general.--The Committee on Rules and Administration
of the Senate and the Committee on House Administration of the
House of Representatives shall jointly prescribe regulations
for the assignment of the space in the Capitol Visitor Center
known as the Congressional Auditorium and the related adjacent
areas.
(2) Related adjacent areas.--The regulations under
paragraph (1) shall include a designation of the areas that are
related adjacent areas to the Congressional Auditorium.
(e) Visitor Center Space in the Capitol.--Section 301 of the
National Visitor Center Facilities Act of 1968 (2 U.S.C. 2165) is
repealed.
(f) Exhibits for Displays.--
(1) In general.--
(A) Loan agreements.--Subject to subparagraph (B),
the Architect of the Capitol may enter into loan
agreements to place historical objects for display in
the Exhibition Hall of the Capitol Visitor Center.
(B) Consultation and approval.--The Architect of
the Capitol may exercise the authority under
subparagraph (A) with respect to each loan agreement--
(i) after consultation with--
(I) the Senate Commission on Art;
and
(II) the House of Representatives
Fine Arts Board; and
(ii) subject to the approval of--
(I) the Committee on Rules and
Administration of the Senate; and
(II) the Committee on House
Administration of the House of
Representatives.
(C) Effective date.--This paragraph shall take
effect on December 3, 2008.
(2) Exhibition prohibition.--Section 1815 of the Revised
Statutes (2 U.S.C. 2134) is amended by inserting ``Emancipation
Hall of the Capitol Visitor Center,'' after ``Rotunda,''.
(3) Exceptions to exhibition prohibition.--Section 1815 of
the Revised Statutes (2 U.S.C. 2134) shall not apply to any
historical object placed within an exhibit in the Exhibition
Hall of the Capitol Visitor Center that--
(A)(i) is directly related to the purpose of the
Capitol Visitor Center under subsection (b)(2);
(ii) is the subject of a loan agreement entered
into by the Architect of the Capitol before December 2,
2008; and
(iii) has been approved by the Capitol Preservation
Commission; or
(B) is the subject of a loan agreement described
under paragraph (1)(A).
(4) Substitution of historical object.--A loan agreement
described under paragraph (3)(A)(ii) may provide for the
removal of an historical object from exhibition for
preservation purposes and the substitution of that object with
another historical object having a comparable educational
purpose.
SEC. 102. DESIGNATION AND NAMING WITHIN THE CAPITOL VISITOR CENTER.
(a) In General.--Except as provided under subsection (b), no part
of the Capitol Visitor Center may be designated or named without the
approval of--
(1) not less than \3/4\ of all members on the Capitol
Preservation Commission who are members of the Democratic
party; and
(2) not less than \3/4\ of all members on the Capitol
Preservation Commission who are members of the Republican
party.
(b) Exception.--Subsection (a) shall not apply to any room or space
under the jurisdiction of the Senate or the House of Representatives.
SEC. 103. USE OF THE EMANCIPATION HALL OF THE CAPITOL VISITOR CENTER.
The Emancipation Hall of the Capitol Visitor Center may not be used
for any event, except upon the passage of a resolution agreed to by
both houses of Congress authorizing the use of the Emancipation Hall
for that event.
TITLE II--OFFICE OF THE CAPITOL VISITOR CENTER
SEC. 201. ESTABLISHMENT.
There is established within the Office of the Architect of the
Capitol the Office of the Capitol Visitor Center (in this Act referred
to as the ``Office''), to be headed by the Chief Executive Officer for
Visitor Services (in this Act referred to as the ``Chief Executive
Officer'').
SEC. 202. APPOINTMENT AND SUPERVISION OF CHIEF EXECUTIVE OFFICER FOR
VISITOR SERVICES.
(a) Appointment.--The Chief Executive Officer shall be appointed by
the Architect of the Capitol.
(b) Supervision and Oversight.--The Chief Executive Officer shall
report directly to the Architect of the Capitol and shall be subject to
oversight by the Committee on Rules and Administration of the Senate
and the Committee on House Administration of the House of
Representatives.
(c) Removal.--Upon removal of the Chief Executive Officer, the
Architect of the Capitol shall immediately provide notice of the
removal to the Committee on Rules and Administration of the Senate, the
Committee on House Administration of the House of Representatives, and
the Committees on Appropriations of the House of Representatives and
Senate. The notice shall include the reasons for the removal.
(d) Compensation.--The Chief Executive Officer shall be paid at an
annual rate of pay equal to the annual rate of pay of the Deputy
Architect of the Capitol.
(e) Transition for Current Chief Executive Officer for Visitor
Services.--
(1) Appointment.--The individual who serves as the Chief
Executive Officer for Visitor Services under section 6701 of
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriation Act of 2007 (2 U.S.C. 1806)
as of the date of the enactment of this Act shall be the first
Chief Executive Officer for Visitor Services appointed by the
Architect under this section.
(2) Technical and conforming amendment.--Section 6701 of
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriation Act of 2007 (2 U.S.C. 1806)
is repealed.
SEC. 203. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER.
(a) Administration of Facilities, Services, and Activities.--
(1) In general.--Except to the extent otherwise provided in
this Act, the Chief Executive Officer shall be responsible
for--
(A) the operation, management, and budget
preparation and execution of the Capitol Visitor
Center, including all long term planning and daily
operational services and activities provided within the
Capitol Visitor Center; and
(B) in accordance with sections 401 and 402, the
management of guided tours of the interior of the
United States Capitol.
(2) Independent budget consideration.--
(A) In general.--The Architect of the Capitol, upon
recommendation of the Chief Executive Officer, shall
submit the proposed budget for the Office for a fiscal
year in the proposed budget for that year for the
Office of the Architect of the Capitol (as submitted by
the Architect of the Capitol to the President). The
proposed budget for the Office shall be considered
independently from the other components of the proposed
budget for the Architect of the Capitol.
(B) Exclusion of costs of general maintenance and
repair of visitor center.--In preparing the proposed
budget for the Office under subparagraph (A), the Chief
Executive Officer shall exclude costs attributable to
the activities and services described under section
501(b) (relating to continuing jurisdiction of the
Architect of the Capitol for the care and
superintendence of the Capitol Visitor Center).
(b) Personnel, Disbursements, and Contracts.--In carrying out this
Act, the Architect of the Capitol shall have the authority to, upon
recommendation of the Chief Executive Officer--
(1) appoint, hire, and fix the compensation of such
personnel as may be necessary for operations of the Office,
except that no employee may be paid at an annual rate in excess
of the maximum rate payable for level 15 of the General
Schedule;
(2) disburse funds as may be necessary and available for
the needs of the Office (consistent with the requirements of
section 303 in the case of amounts in the Capitol Visitor
Center Revolving Fund); and
(3) designate an employee of the Office to serve as
contracting officer for the Office, subject to subsection (c).
(c) Requiring Approval of Certain Contracts.--The Architect of the
Capitol may not enter into a contract for the operations of the Capitol
Visitor Center for which the amount involved exceeds $250,000 without
the prior approval of the Committee on Rules and Administration of the
Senate and the Committee on House Administration of the House of
Representatives.
(d) Semiannual Reports.--The Chief Executive Officer shall submit a
report to the Committee on Rules and Administration of the Senate and
the Committee on House Administration of the House of Representatives
not later than 45 days following the close of each semiannual period
ending on March 31 or September 30 of each year on the financial and
operational status during the period of each function under the
jurisdiction of the Chief Executive Officer. Each such report shall
include financial statements and a description or explanation of
current operations, the implementation of new policies and procedures,
and future plans for each function.
SEC. 204. ASSISTANT TO THE CHIEF EXECUTIVE OFFICER.
(a) In General.--The Architect of the Capitol shall--
(1) upon recommendation of the Chief Executive Officer,
appoint an assistant who shall perform the responsibilities of
the Chief Executive Officer during the absence or disability of
the Chief Executive Officer, or during a vacancy in the
position of the Chief Executive Officer; and
(2) notwithstanding section 203(b)(1), fix the rate of
basic pay for the position of the assistant appointed under
subparagraph (A) at a rate not to exceed the highest total rate
of pay for the Senior Executive Service under subchapter VIII
of chapter 53 of title 5, United States Code, for the locality
involved.
(b) Transition for Current Assistant Chief Executive Officer.--
(1) Appointment.--The individual who serves as the
assistant under section 1309 of the Legislative Branch
Appropriations Act, 2008 (2 U.S.C. 1807) as of the date of the
enactment of this Act shall be the first Assistant Chief
Executive Officer for Visitor Services appointed by the
Architect under this section.
(2) Technical and conforming amendment.--Section 1309 of
the Legislative Branch Appropriations Act, 2008 (2 U.S.C. 1807)
is repealed.
SEC. 205. GIFT SHOP.
(a) Establishment.--The Architect of the Capitol, acting through
the Chief Executive Officer, shall establish a Capitol Visitor Center
Gift Shop within the Capitol Visitor Center for the purpose of
providing for the sale of gift items. All moneys received from sales
and other services by the Capitol Visitor Center Gift Shop shall be
deposited in the Capitol Visitor Center Revolving Fund established
under section 301 and shall be available for purposes of this section.
(b) Exception to Prohibition of Sale or Solicitation on Capitol
Grounds.--Section 5104(c) of title 40, United States Code, shall not
apply to any activity carried out under this section.
SEC. 206. FOOD SERVICE OPERATIONS.
(a) Restaurant, Catering, and Vending.--The Architect of the
Capitol, acting through the Chief Executive Officer, shall establish
within the Capitol Visitor Center a restaurant and other food service
facilities, including catering services and vending machines.
(b) Contract for Food Service Operations.--
(1) In general.--The Architect of the Capitol, acting
through the Chief Executive Officer, may enter into a contract
for food service operations within the Capitol Visitor Center.
(2) Existing contract unaffected.--Nothing in paragraph (1)
shall be construed to affect any contract for food service
operations within the Capitol Visitor Center in effect on the
date of enactment of this Act.
(c) Deposits.--All net profits from the food service operations
within the Capitol Visitor Center and all commissions received from the
contractor for such food service operations shall be deposited in the
Capitol Visitor Center Revolving Fund established under section 301.
(d) Exception to Prohibition of Sale or Solicitation on Capitol
Grounds.--Section 5104(c) of title 40, United States Code, shall not
apply to any activity carried out under this section.
TITLE III--CAPITOL VISITOR CENTER REVOLVING FUND
SEC. 301. ESTABLISHMENT AND ACCOUNTS.
There is established in the Treasury of the United States a
revolving fund to be known as the Capitol Visitor Center Revolving Fund
(in this section referred to as the ``Fund''), consisting of the
following individual accounts:
(1) The Gift Shop Account.
(2) The Miscellaneous Receipts Account.
SEC. 302. DEPOSITS IN THE FUND.
(a) Gift Shop Account.--There shall be deposited in the Gift Shop
Account all monies received from sales and other services by the gift
shop established under section 205, together with any interest accrued
on balances in the Account.
(b) Miscellaneous Receipts Account.--There shall be deposited in
the Miscellaneous Receipts Account each of the following (together with
any interest accrued on balances in the Account):
(1) Any amounts deposited under section 206(c).
(2) Any other receipts received from the operation of the
Capitol Visitor Center.
(3) Any amounts described under section 504(d).
SEC. 303. USE OF MONIES.
(a) Gift Shop Account.--
(1) In general.--All monies in the Gift Shop Account shall
be available without fiscal year limitation for disbursement by
the Architect of the Capitol, upon recommendation of the Chief
Executive Officer, in connection with the operation of the gift
shop under section 205, including supplies, inventories,
equipment, and other expenses. In addition, such monies may be
used by the Architect of the Capitol, upon recommendation of
the Chief Executive Officer, to reimburse any applicable
appropriations account for amounts used from such
appropriations account to pay the salaries of employees of the
gift shops.
(2) Use of remaining funds.--To the extent monies in the
Gift Shop Account are available after disbursements and
reimbursements are made under paragraph (1), the Architect of
the Capitol, upon recommendation of the Chief Executive
Officer, may disburse such monies for the operation of the
Capitol Visitor Center, after consultation with--
(A) the Committee on Rules and Administration of
the Senate and the Committee on House Administration of
the House of Representatives; and
(B) the Committees on Appropriations of the House
of Representatives and Senate.
(b) Miscellaneous Receipts Account.--All monies in the
Miscellaneous Receipts Account shall be available without fiscal year
limitation for disbursement by the Architect of the Capitol, upon
recommendation of the Chief Executive Officer, for the operations of
the Capitol Visitor Center, after consultation with--
(1) the Committee on Rules and Administration of the Senate
and the Committee on House Administration of the House of
Representatives; and
(2) the Committees on Appropriations of the House of
Representatives and Senate.
SEC. 304. ADMINISTRATION OF FUND.
(a) Disbursements.--Disbursements from the Fund may be made by the
Architect of the Capitol, upon recommendation of the Chief Executive
Officer.
(b) Investment Authority.--The Secretary of the Treasury shall
invest any portion of the Fund that, as determined by the Architect of
the Capitol, upon recommendation of the Chief Executive Officer, is not
required to meet current expenses. Each investment shall be made in an
interest-bearing obligation of the United States or an obligation
guaranteed both as to principal and interest by the United States that,
as determined by the Architect of the Capitol, upon recommendation of
the Chief Executive Officer, has a maturity date suitable for the
purposes of the Fund. The Secretary of the Treasury shall credit
interest earned on the obligations to the Fund.
(c) Audit.--The Fund shall be subject to audit by the Comptroller
General at the discretion of the Comptroller General.
TITLE IV--CAPITOL GUIDE SERVICE AND OFFICE OF CONGRESSIONAL
ACCESSIBILITY SERVICES
Subtitle A--Capitol Guide Service
SEC. 401. TRANSFER OF CAPITOL GUIDE SERVICE.
(a) Transfer of Authorities and Personnel to Office of the Capitol
Visitor Center.--In accordance with the provisions of this title,
effective on the transfer date--
(1) the Capitol Guide Service shall be an office within the
Office;
(2) the contracts, liabilities, records, property,
appropriations, and other assets and interests of the Capitol
Guide Service, established under section 441 of the Legislative
Reorganization Act of 1970 (2 U.S.C. 2166), and the employees
of the Capitol Guide Service, are transferred to the Office,
except that the transfer of any amounts appropriated to the
Capitol Guide Service that remain available as of the transfer
date shall occur only upon the approval of the Committees on
Appropriations of the House of Representatives and Senate; and
(3) the Capitol Guide Service shall be subject to the
direction of the Architect of the Capitol, upon recommendation
of the Chief Executive Officer, in accordance with this
subtitle.
(b) Treatment of Employees of Capitol Guide Service at Time of
Transfer.--
(1) In general.--Any individual who is an employee of the
Capitol Guide Service on a non-temporary basis on the transfer
date who is transferred to the Office under subsection (a)
shall be subject to the authority of the Architect of the
Capitol under section 402(b), except that the individual's
grade, compensation, rate of leave, or other benefits that
apply with respect to the individual at the time of transfer
shall not be reduced while such individual remains continuously
so employed in the same position within the Office, other than
for cause.
(2) Eligibility for immediate retirement on basis of
involuntary separation.--For purposes of section 8336(d) and
section 8414(b) of title 5, United States Code, an individual
described in paragraph (1) who is separated from service with
the Office shall be considered to have separated from the
service involuntarily if, at the time the individual is
separated from service--
(A) the individual has completed 25 years of
service under such title; or
(B) the individual has completed 20 years of
service under such title and is 50 years of age or
older.
(c) Exception for Congressional Special Services Office.--This
section does not apply with respect to any employees, contracts,
liabilities, records, property, appropriations, and other assets and
interests of the Congressional Special Services Office of the Capitol
Guide Service that are transferred to the Office of Congressional
Accessibility Services under subtitle B.
SEC. 402. DUTIES OF EMPLOYEES OF CAPITOL GUIDE SERVICE.
(a) Provision of Guided Tours.--
(1) Tours.--In accordance with this section, the Capitol
Guide Service shall provide without charge guided tours of the
interior of the United States Capitol, including the Capitol
Visitor Center, for the education and enlightenment of the
general public.
(2) Acceptance of fees prohibited.--An employee of the
Capitol Guide Service shall not charge or accept any fee, or
accept any gratuity, for or on account of the official services
of that employee.
(3) Regulations of the architect of the capitol.--All such
tours shall be conducted in compliance with regulations
approved by the Architect of the Capitol, upon recommendation
of the Chief Executive Officer.
(b) Authority of the Architect of the Capitol.--In providing for
the direction, supervision, and control of the Capitol Guide Service,
the Architect of the Capitol, upon recommendation of the Chief
Executive Officer, is authorized to--
(1) subject to the availability of appropriations,
establish and revise such number of positions of Guide in the
Capitol Guide Service as the Architect of the Capitol considers
necessary to carry out effectively the activities of the
Capitol Guide Service;
(2) appoint, on a permanent basis without regard to
political affiliation and solely on the basis of fitness to
perform their duties, a Chief Guide and such deputies as the
Architect of the Capitol considers appropriate for the
effective administration of the Capitol Guide Service and, in
addition, such number of Guides as may be authorized;
(3) with the approval of the Committee on Rules and
Administration of the Senate and the Committee on House
Administration of the House of Representatives, with respect to
the individuals appointed under paragraph (2)--
(A) prescribe the individual's duties and
responsibilities; and
(B) fix, and adjust from time to time, respective
rates of pay at single per annum (gross) rates;
(4) with respect to the individuals appointed under
paragraph (2), take appropriate disciplinary action, including,
when circumstances warrant, suspension from duty without pay,
reduction in pay, demotion, or termination of employment with
the Capitol Guide Service, against any employee who violates
any provision of this section or any regulation prescribed by
the Architect of the Capitol under paragraph (8);
(5) prescribe a uniform dress, including appropriate
insignia, which shall be worn by personnel of the Capitol Guide
Service;
(6) from time to time and as may be necessary, procure and
furnish such uniforms to such personnel without charge to such
personnel;
(7) receive and consider advice and information from any
private historical or educational organization, association, or
society with respect to those operations of the Capitol Guide
Service which involve the furnishing of historical and
educational information to the general public; and
(8) with the approval of the Committee on Rules and
Administration of the Senate and the Committee on House
Administration of the House of Representatives, prescribe such
regulations as the Architect of the Capitol considers necessary
and appropriate for the operation of the Capitol Guide Service,
including regulations with respect to tour routes and hours of
operation, number of visitors per guide, staff-led tours, and
non-law enforcement security and special event related support.
(c) Provision of Accessible Tours in Coordination With Office of
Congressional Accessibility Services.--The Chief Executive Officer
shall coordinate the provision of accessible tours for individuals with
disabilities with the Office of Congressional Accessibility Services
established under subtitle B.
(d) Detail of Personnel.--The Architect of the Capitol shall detail
personnel of the Capitol Guide Service based on a request from the
Capitol Police Board to assist the United States Capitol Police by
providing ushering and informational services, and other services not
directly involving law enforcement, in connection with--
(1) the inauguration of the President and Vice President of
the United States;
(2) the official reception of representatives of foreign
nations and other persons by the Senate or House of
Representatives; or
(3) other special or ceremonial occasions in the United
States Capitol or on the United States Capitol Grounds that--
(A) require the presence of additional Government
personnel; and
(B) cause the temporary suspension of the
performance of regular duties.
(e) Effective Date.--This section shall take effect on the transfer
date.
Subtitle B--Office of Congressional Accessibility Services
SEC. 411. OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES.
(a) In General.--Section 310 of the Legislative Branch
Appropriations Act, 1990 (2 U.S.C. 130e) is amended to read as follows:
``SEC. 310. OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES.
``(a) Establishment of Office of Congressional Accessibility
Services.--
``(1) Establishment.--There is established in the
legislative branch the Office of Congressional Accessibility
Services, to be headed by the Director of Accessibility
Services.
``(2) Congressional accessibility services board.--
``(A) Establishment.--There is established the
Congressional Accessibility Services Board, which shall
be composed of--
``(i) the Sergeant at Arms and Doorkeeper
of the Senate;
``(ii) the Secretary of the Senate;
``(iii) the Sergeant at Arms of the House
of Representatives;
``(iv) the Clerk of the House of
Representatives; and
``(v) the Architect of the Capitol.
``(B) Direction of board.--The Office of
Congressional Accessibility Services shall be subject
to the direction of the Congressional Accessibility
Services Board.
``(3) Mission and functions.--
``(A) In general.--The Office of Congressional
Accessibility Services shall--
``(i) provide and coordinate accessibility
services for individuals with disabilities,
including Members of Congress, officers and
employees of the House of Representatives and
the Senate, and visitors, in the United States
Capitol Complex; and
``(ii) provide information regarding
accessibility for individuals with
disabilities, as well as related training and
staff development, to Members of Congress and
employees of the Senate and the House of
Representatives.
``(B) United states capitol complex defined.--In
this paragraph, the term `United States Capitol
Complex' means the Capitol buildings (as defined in
section 5101 of title 40, United States Code) and the
United States Capitol Grounds (as described in section
5102 of such title).
``(b) Director of Accessibility Services.--
``(1) Appointment, pay, and removal.--
``(A) Appointment and pay.--The Director of
Accessibility Services shall be appointed by the
Congressional Accessibility Services Board and shall be
paid at a rate of pay determined by the Congressional
Accessibility Services Board.
``(B) Removal.--Upon removal of the Director of
Accessibility Services, the Congressional Accessibility
Services Board shall immediately provide notice of the
removal to the Committee on Rules and Administration of
the Senate, the Committee on House Administration of
the House of Representatives, and the Committees on
Appropriations of the House of Representatives and
Senate. The notice shall include the reasons for the
removal.
``(2) Personnel and other administrative functions.--
``(A) Personnel, disbursements, and contracts.--In
carrying out the functions of the Office of
Congressional Accessibility Services under subsection
(a), the Director of Accessibility Services shall have
the authority to--
``(i) appoint, hire, and fix the
compensation of such personnel as may be
necessary for operations of the Office of
Congressional Accessibility Services, except
that no employee may be paid at an annual rate
in excess of the annual rate of pay for the
Director of Accessibility Services;
``(ii) take appropriate disciplinary
action, including, when circumstances warrant,
suspension from duty without pay, reduction in
pay, demotion, or termination of employment
with the Office of Congressional Accessibility
Services, against any employee;
``(iii) disburse funds as may be necessary
and available for the needs of the Office of
Congressional Accessibility Services; and
``(iv) serve as contracting officer for the
Office of Congressional Accessibility Services.
``(B) Agreements with the office of the architect
of the capitol, with other legislative branch agencies,
and with offices of the senate and house of
representatives.--Subject to the approval of the
Committee on Rules and Administration of the Senate and
the Committee on House Administration of the House of
Representatives, the Director of Accessibility Services
may place orders and enter into agreements with the
Office of the Architect of the Capitol, with other
legislative branch agencies, and with any office or
other entity of the Senate or House of Representatives
for procuring goods and providing financial and
administrative services on behalf of the Office of
Congressional Accessibility Services, or to otherwise
assist the Director in the administration and
management of the Office of Congressional Accessibility
Services.
``(3) Semiannual reports.--The Director of Accessibility
Services shall submit a report to the Committee on Rules and
Administration of the Senate and the Committee on House
Administration of the House of Representatives not later than
45 days following the close of each semiannual period ending on
March 31 or September 30 of each year on the financial and
operational status during the period of each function under the
jurisdiction of the Director. Each such report shall include
financial statements and a description or explanation of
current operations, the implementation of new policies and
procedures, and future plans for each function.''.
(b) Specific Functions.--The Director of Accessibility Services
shall submit to the Committee on Rules and Administration of the Senate
and the Committee on House Administration of the House of
Representatives a list of the specific functions that the Office of
Congressional Accessibility Services will perform in carrying out this
subtitle with the approval of the Committee on Rules and Administration
of the Senate and the Committee on House Administration of the House of
Representatives. The Director of Accessibility Services shall submit
the list not later than 30 days after the transfer date.
(c) Transition for Current Director.--The individual who serves as
the head of the Congressional Special Services Office as of the date of
the enactment of this Act shall be the first Director of Accessibility
Services appointed by the Congressional Accessibility Services Board
under section 310 of the Legislative Branch Appropriations Act, 1990 (2
U.S.C. 130e) (as amended by this section).
SEC. 412. TRANSFER FROM CAPITOL GUIDE SERVICE.
(a) Transfer of Authorities and Personnel of Congressional Special
Services Office of Capitol Guide Service.--In accordance with the
provisions of this title, effective on the transfer date--
(1) the contracts, liabilities, records, property,
appropriations, and other assets and interests of the
Congressional Special Services Office of the Capitol Guide
Service, and the employees of such Office, are transferred to
the Office of Congressional Accessibility Services established
under section 310(a) of the Legislative Branch Appropriations
Act, 1990 (2 U.S.C. 130e) (as amended by section 411 of this
Act), except that the transfer of any amounts appropriated to
the Congressional Special Services Office that remain available
as of the transfer date shall occur only upon the approval of
the Committees on Appropriations of the House of
Representatives and Senate; and
(2) the employees of such Office shall be subject to the
direction, supervision, and control of the Director of
Accessibility Services.
(b) Treatment of Employees at Time of Transfer.--
(1) In general.--Any individual who is an employee of the
Congressional Special Services Office of the Capitol Guide
Service on a non-temporary basis on the transfer date who is
transferred under subsection (a) shall be subject to the
authority of the Director of Accessibility Services under
section 310(b) of the Legislative Branch Appropriations Act,
1990 (2 U.S.C. 130e) (as amended by section 411 of this Act),
except that the individual's grade, compensation, rate of
leave, or other benefits that apply with respect to the
individual at the time of transfer shall not be reduced while
such individual remains continuously so employed in the same
position within the Office of Congressional Accessibility
Services established under section 310(a) of the Legislative
Branch Appropriations Act, 1990 (2 U.S.C. 130e) (as amended by
section 411 of this Act), other than for cause.
(2) Eligibility for immediate retirement on basis of
involuntary separation.--For purposes of section 8336(d) and
section 8414(b) of title 5, United States Code, an individual
described in paragraph (1) who is separated from service with
the Office of Congressional Accessibility Services shall be
considered to have separated from the service involuntarily if,
at the time the individual is separated from service--
(A) the individual has completed 25 years of
service under such title; or
(B) the individual has completed 20 years of
service under such title and is 50 years of age or
older.
(3) Prohibiting imposition of probationary period.--The
Director of Accessibility Services may not impose a period of
probation with respect to the transfer of any individual who is
transferred to the Office of Congressional Accessibility
Services under subsection (a).
Subtitle C--Transfer Date and Technical and Conforming Amendments
SEC. 421. TRANSFER DATE.
In this title, the term ``transfer date'' means the date occurring
on the first day of the first pay period (applicable to employees
transferred under section 401) occurring on or after 30 days after the
date of enactment of this Act.
SEC. 422. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Existing Authority of Capitol Guide Service.--Section 441 of
the Legislative Reorganization Act of 1970 (2 U.S.C. 2166) is repealed.
(b) Coverage Under Congressional Accountability Act of 1995.--
(1) Treatment of employees as covered employees.--Section
101(3)(C) of the Congressional Accountability Act of 1995 (2
U.S.C. 1301(3)(C)) is amended to read as follows:
``(C) the Office of Congressional Accessibility
Services;''.
(2) Treatment of office as employing office.--Section
101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is amended by
striking ``the Capitol Guide Board,'' and inserting ``the
Office of Congressional Accessibility Services,''.
(3) Rights and protections relating to public services and
accommodations.--Section 210(a)(4) of such Act (2 U.S.C.
1331(a)(4)) is amended to read as follows:
``(4) the Office of Congressional Accessibility
Services;''.
(4) Periodic inspections for occupational safety and health
compliance.--Section 215(e)(1) of such Act (2 U.S.C.
1341(e)(1)) is amended by striking ``the Capitol Guide
Service,'' and inserting ``the Office of Congressional
Accessibility Services,''.
(c) Treatment as Congressional Employees for Retirement Purposes.--
Section 2107(9) of title 5, United States Code, is amended to read as
follows:
``(9) an employee of the Office of Congressional
Accessibility Services.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the transfer date.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. JURISDICTIONS UNAFFECTED.
(a) Security Jurisdiction Unaffected.--Nothing in this Act granting
any authority to the Architect of the Capitol or Chief Executive
Officer shall be construed to affect the exclusive jurisdiction of the
Capitol Police, the Capitol Police Board, the Sergeant at Arms and
Doorkeeper of the Senate, and the Sergeant at Arms of the House of
Representatives to provide security for the Capitol, including the
Capitol Visitor Center.
(b) Architect of the Capitol Jurisdiction Unaffected.--
(1) In general.--Nothing in this Act granting any authority
to the Chief Executive Officer shall be construed to affect the
exclusive jurisdiction of the Architect of the Capitol for the
care and superintendence of the Capitol Visitor Center. All
maintenance services, groundskeeping services, improvements,
alterations, additions, and repairs for the Capitol Visitor
Center shall be made under the direction and supervision of the
Architect, subject to the approval of the Committee on Rules
and Administration of the Senate and the House Office Building
Commission as to matters of general policy.
(2) Technical and conforming amendment.--Section 1305 of
the Legislative Branch Appropriations Act, 2008 (2 U.S.C. 1825)
is repealed.
SEC. 502. STUDENT LOAN REPAYMENT AUTHORITY.
Section 5379(a)(1)(A) of title 5, United States Code, is amended by
inserting ``, the Architect of the Capitol, the Botanic Garden, and the
Office of Congressional Accessibility Services'' after ``title''.
SEC. 503. ACCEPTANCE OF VOLUNTEER SERVICES.
Notwithstanding section 1342 of title 31, United States Code, the
Architect of the Capitol, upon the recommendation of the Chief
Executive Officer, may accept and use voluntary and uncompensated
services for the Capitol Visitor Center as the Architect of the Capitol
determines necessary. No person shall be permitted to donate personal
services under this section unless such person has first agreed, in
writing, to waive any and all claims against the United States arising
out of or connection with such services, other than a claim under the
provisions of chapter 81 of title 5, United States Code. No person
donating personal services under this section shall be considered an
employee of the United States for any purpose other than for purposes
of chapter 81 of such title. In no case shall the acceptance of
personal services under this subsection result in the reduction of pay
or displacement of any employee of the Office of the Architect of the
Capitol.
SEC. 504. COINS TREATED AS GIFTS.
(a) Definition.--In this section, the term ``covered grounds''
means--
(1) the grounds described under section 5102 of title 40,
United States Code;
(2) the Capitol Buildings defined under section 5101 of
title 40, United States Code, including the Capitol Visitor
Center; and
(3) the Library of Congress buildings and grounds described
under section 11 of the Act entitled ``An Act relating to the
policing of the buildings and grounds of the Library of
Congress'', approved August 4, 1950 (2 U.S.C. 167j).
(b) Treatment of Coins.--In the case of any coins in any fountains
on covered grounds--
(1) such coins shall be treated as gifts to the United
States; and
(2) the Architect of the Capitol shall--
(A) collect such coins at such times and in such
manner as the Architect determines appropriate; and
(B) except as provided under subsection (c),
deposit the collected coins in accordance with
subsection (d).
(c) Cost Reimbursement.--Any amount collected under this section
shall first be used to reimburse the Architect of the Capitol for any
costs incurred in the collection and processing of the coins. The
amount of any such reimbursement is appropriated to the account from
which such costs were paid and may be used for any authorized purpose
of that account.
(d) Deposit of Coins.--The Architect of the Capitol shall deposit
coins collected under this section in the Miscellaneous Receipts
Account of the Capitol Visitor Center Revolving Fund established under
section 301.
(e) Authorized Use and Availability.--Amounts deposited in the
Miscellaneous Receipts Account of the Capitol Visitor Center Revolving
Fund under this section shall be available as provided under section
303(b).
SEC. 505. FLEXIBLE WORK SCHEDULE PILOT PROGRAM.
(a) In General.--Section 1302 of the Legislative Branch
Appropriations Act, 2008 (2 U.S.C. 1831 note; 121 Stat. 2242) is
amended in the third sentence by striking ``September 30, 2008'' and
inserting ``September 30, 2010''.
(b) Effective Date.--The amendment made under subsection (a) shall
take effect as though enacted as part of the Legislative Branch
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2218 et seq.).
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Attest:
Secretary.
110th CONGRESS
2d Session
H.R. 5159
_______________________________________________________________________
AMENDMENT