[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5159 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 5159

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 of this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--ADMINISTRATION AND MANAGEMENT OF CAPITOL VISITOR CENTER

                  Subtitle A--Description of Facility

Sec. 101. Description and purposes of Capitol Visitor Center.
Sec. 102. Oversight of committees.
Sec. 103. Special rule for certain spaces in the Capitol Visitor 
                            Center.
   Subtitle B--Office of the Capitol Visitor Center; Chief Executive 
                      Officer for Visitor Services

Sec. 111. Establishment.
Sec. 112. Appointment and supervision of Chief Executive Officer for 
                            Visitor Services.
Sec. 113. General duties of Chief Executive Officer.
Sec. 114. Acceptance of gifts and volunteer services.
Sec. 115. Special rules regarding certain administrative matters.
     TITLE II--RELATED SERVICES PROVIDED AT CAPITOL VISITOR CENTER

                 Subtitle A--Related Services Described

Sec. 201. Gift shop.
Sec. 202. Food service operations.
Sec. 203. Licenses and other agreements for operations or other 
                            functions.
           Subtitle B--Capitol Visitor Center Revolving Fund

Sec. 211. Establishment; accounts.
Sec. 212. Deposits in the Fund.
Sec. 213. Use of monies.
Sec. 214. Administration of Fund.
             TITLE III--TREATMENT OF CAPITOL GUIDE SERVICE

      Subtitle A--Transfer to Office of the Capitol Visitor Center

Sec. 301. Transfer of Capitol Guide Service.
Sec. 302. Duties of employees of Capitol Guide Service.
       Subtitle B--Office of Congressional Accessibility Services

Sec. 311. Establishment of Office of Congressional Accessibility 
                            Services.
Sec. 312. Director of Accessibility Services.
Sec. 313. Transfer from Capitol Guide Service.
            Subtitle C--Technical and Conforming Amendments

Sec. 321. Technical and conforming amendments.
                       Subtitle D--Transfer Date

Sec. 331. Transfer date.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Authorization of appropriations.

    TITLE I--ADMINISTRATION AND MANAGEMENT OF CAPITOL VISITOR CENTER

                  Subtitle A--Description of Facility

SEC. 101. DESCRIPTION AND PURPOSES OF CAPITOL VISITOR CENTER.

    (a) Treatment as Part of Capitol.--In this Act, the ``Capitol 
Visitor Center'' is 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), and 
such facility shall be considered to be part of the United States 
Capitol for all provisions of law in accordance with this Act.
    (b) Purposes of the Facility.--In accordance with the provisions of 
this Act, the Capitol Visitor Center shall be used to--
            (1) provide enhanced security for persons working in or 
        visiting the United States Capitol; and
            (2) 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 
        Congress and the Capitol.
    (c) Conforming Amendment Relating to Visitor Center Space in the 
Capitol.--Section 301 of the National Visitor Center Facilities Act of 
1968 (2 U.S.C. 2165) is repealed.

SEC. 102. OVERSIGHT OF COMMITTEES.

    The Committee on Rules and Administration of the Senate and the 
Committee on House Administration of the House of Representatives 
(hereafter in this Act referred to as the ``supervising Committees'') 
shall exercise policy review and oversight over the Capitol Visitor 
Center.

SEC. 103. SPECIAL RULE FOR CERTAIN SPACES IN THE CAPITOL VISITOR 
              CENTER.

    (a) Senate and House of Representatives Expansion Space.--
Notwithstanding any other provision of this Act, the Senate and House 
of Representatives expansion space described as ``unassigned space'' 
under the heading ``Architect of the Capitol, Capitol Visitor Center'' 
in the Legislative Branch Appropriations Act, 2002 (Public Law 107-68; 
115 Stat. 588)--
            (1) shall not be treated as part of the Capitol Visitor 
        Center for purposes of this Act; and
            (2) shall be treated for purposes of law (including rules 
        of the House of Representatives and Senate)--
                    (A) in the case of space assigned for the use of 
                the Senate, as part of the Senate wing of the Capitol 
                and subject to the authority and control of the 
                Committee on Rules and Administration of the Senate, or
                    (B) in the case of space assigned for the use of 
                the House, as part of the House of Representatives wing 
                of the Capitol and subject to the authority and control 
                of the Speaker.
    (b) Treatment of Congressional Auditorium and Related Adjacent 
Areas.--
            (1) In general.--Notwithstanding any other provision of 
        this Act, the space in the Capitol Visitor Center known as the 
        Congressional Auditorium, together with each of the areas 
        referred to in paragraph (2), shall be assigned for 
        Congressional use by the Chief Executive Officer for Visitor 
        Services under guidelines established by the supervising 
        Committees.
            (2) Areas described.--The areas referred to in this 
        paragraph are as follows, as identified and designated by the 
        Architect of the Capitol on October 1, 2007:
                    (A) The North Congressional Meeting Room (CVC268) 
                and the South Congressional Meeting Room (CVC217).
                    (B) The North Pre-function Area (CVC268CR) and the 
                South Pre-function Area (CVC217CR).
                    (C) Lobbies CVC215 and CVC212.
                    (D) The North Cloak Room (CVC210) and the South 
                Cloak Room (CVC208).
                    (E) The Projection Room (CVC209).
                    (F) The Green Room (CVC207).
                    (G) The TV Control Room (CVC105).
                    (H) Offices CVC101, CVC102, CVC103, CVC104, CVC106, 
                CVC204, and CVC205.

   Subtitle B--Office of the Capitol Visitor Center; Chief Executive 
                      Officer for Visitor Services

SEC. 111. 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. 112. 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 
policy review and oversight by the supervising Committees.
    (c) Removal.--Upon removal of the Chief Executive Officer, the 
Architect of the Capitol shall immediately notify the supervising 
Committees and the Committees on Appropriations of the House of 
Representatives and Senate, stating 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 and Chief Operating Officer of the Office of 
the 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) 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. 113. 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 day-today 
                operational services and activities provided within the 
                Capitol Visitor Center; and
                    (B) in accordance with subtitle A of title III, the 
                management of guided tours of the interior of the 
                United States Capitol.
            (2) Independent budget submission.--
                    (A) In general.--The proposed budget for the Office 
                for a fiscal year shall be prepared by the Chief 
                Executive Officer, and shall be included without 
                revision in the proposed budget for the year for the 
                Office of the Architect of the Capitol (as submitted by 
                the Architect of the Capitol to the President).
                    (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 in section 115(b) 
                (relating to continuing jurisdiction of the Architect 
                of the Capitol for the care and superintendence of the 
                Capitol Visitor Center).
    (b) Personnel and Other Administrative Provisions.--
            (1) Personnel, disbursements, and contracts.--In carrying 
        out this Act, the Chief Executive Officer shall have the 
        authority--
                    (A) to 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 unless otherwise 
                authorized by law;
                    (B) to disburse funds as may be necessary and 
                available for the needs of the Office (consistent with 
                the requirements of section 213 in the case of amounts 
                in the Capitol Visitor Center Revolving Fund); and
                    (C) to designate an employee of the Office to serve 
                as contracting officer for the Office, subject to 
                subsection (c).
            (2) Temporary assignment of personnel.--The Chief Executive 
        Officer shall temporarily assign personnel of the Office 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--
                    (A) the inauguration of the President and Vice 
                President of the United States;
                    (B) the official reception of representatives of 
                foreign nations and other persons by the Senate or 
                House of Representatives; or
                    (C) other special or ceremonial occasions in the 
                United States Capitol or on the United States Capitol 
                Grounds that require the presence of additional 
                Government personnel.
            (3) 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 supervising Committees, the Chief Executive 
        Officer 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, or to otherwise assist the Chief Executive Officer 
        in the administration and management of the Capitol Visitor 
        Center.
    (c) Requiring Approval of Certain Contracts.--The Chief Executive 
Officer may not enter into a contract for which the amount involved 
exceeds $250,000 without the prior approval of the supervising 
Committees.
    (d) Semiannual Reports.--The Chief Executive Officer shall submit a 
report to the supervising Committees not later than 45 days following 
the close of each semiannual period ending on June 30 or December 31 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. 114. ACCEPTANCE OF GIFTS AND VOLUNTEER SERVICES.

    (a) Acceptance of Gifts.--
            (1) Authority to accept and use gifts.--The Chief Executive 
        Officer, with the approval of the supervising Committees, is 
        authorized to receive, accept, and hold unrestricted gifts of 
        money on behalf of the Capitol Visitor Center, and to use the 
        gifts for the benefit of the Capitol Visitor Center.
            (2) Acceptance of gifts of works of art and other related 
        objects by other legislative branch entities.--
                    (A) In general.--In the case of a gift consisting 
                of a work of art, historical object, or exhibit for 
                which the authority to accept the gift for display in 
                the Capitol is provided to an entity referred to in 
                subparagraph (B), the entity shall have the authority 
                to accept the gift for display in the Capitol Visitor 
                Center in accordance with the authority provided under 
                applicable law.
                    (B) Entities described.--The entities referred to 
                in this subparagraph are as follows:
                            (i) The Joint Committee on the Library 
                        under section 1831 of the Revised Statutes of 
                        the United States (2 U.S.C. 2133).
                            (ii) The United States Capitol Preservation 
                        Commission under section 801 of the Arizona-
                        Idaho Conservation Act of 1988 (2 U.S.C. 2081).
                            (iii) The House of Representatives Fine 
                        Arts Board under section 1000 of the Arizona-
                        Idaho Conservation Act of 1988 (2 U.S.C. 2121).
                            (iv) The Senate Commission on Art under 
                        section 1 of Senate Resolution 382, Ninetieth 
                        Congress, agreed to October 1, 1968 and enacted 
                        into law by section 901(a) of Public Law 100-
                        690 (2 U.S.C. 2101).
            (3) Annual report on gifts accepted.--Each semiannual 
        report submitted under section 113(d) shall include a 
        description of each accepted by the Chief Executive Officer 
        under this subsection during the period covered by the report.
    (b) Acceptance of Volunteer Services.--Notwithstanding section 1342 
of title 31, United States Code, the Chief Executive Officer may accept 
and use voluntary and uncompensated services for the Capitol Visitor 
Center as the Chief Executive Officer determines necessary. No person 
shall be permitted to donate his or her 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.

SEC. 115. SPECIAL RULES REGARDING CERTAIN ADMINISTRATIVE MATTERS.

    (a) Special Rules Regarding Security.--
            (1) Security jurisdiction of law enforcement agencies 
        unaffected.--Nothing in this Act granting any authority to the 
        Chief Executive Officer shall be construed to affect the 
        exclusive jurisdiction of the United States 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 Visitor 
        Center.
            (2) Attendance of chief executive officer at certain 
        meetings of capitol police board.--At the request of the 
        Capitol Police Board, the Chief Executive Officer shall attend 
        any portion of any meeting of the Capitol Police Board during 
        which the Board considers issues relating to the security of 
        the Capitol Visitor Center, including activities described in 
        paragraph (3), or other issues relating to services provided by 
        employees of the Office.
            (3) Consultation with capitol police board on security 
        matters.--The Office shall consult with the Capitol Police 
        Board in carrying out any activity which affects the security 
        of the Capitol Visitor Center or any other part of the Capitol, 
        including activities relating to the hours of operation, tour 
        routes and the number of visitors per tour guide, and other 
        activities relating to the entry of members of the general 
        public into the Capitol and the movement of members of the 
        general public within the Capitol.
            (4) Plan for background checks for employees.--The Chief 
        Executive Officer, in coordination with the Chief of the 
        Capitol Police, shall develop plans and procedures for 
        conducting criminal history background checks on employees of 
        the Office and individuals seeking employment with the Office 
        (including employees of the Capitol Guide Service who are 
        transferred to the Office under title III).
    (b) Special Rules Regarding Care and Maintenance of Facilities.--
            (1) Architect of the capitol jurisdiction unaffected.--
        Nothing in this Act granting any authority to the Chief 
        Executive Officer (including section 114) shall be construed to 
        affect the exclusive jurisdiction of the Architect of the 
        Capitol for the care and superintendence of the Capitol Visitor 
        Center or any other part of the Capitol, and all maintenance 
        services, groundskeeping services, improvements, alterations, 
        additions, and repairs for the Capitol Visitor Center shall be 
        carried out pursuant to the direction and supervision of the 
        Architect subject to the oversight of Congress under applicable 
        law (including rules of the House of Representatives and 
        Senate).
            (2) Budget submission.--The Architect of the Capitol shall 
        submit with the annual budget for the Office of the Architect 
        of the Capitol for a fiscal year a separate, detailed statement 
        of the costs anticipated to be incurred during the year for the 
        activities and services described in paragraph (1) which are 
        excluded from the annual budget for the Office which is 
        submitted by the Chief Executive Officer under section 
        113(a)(2).
    (c) Special Rule Regarding Exhibits and Tours.--The Chief Executive 
Officer shall consider comments and recommendations from the Clerk of 
the House of Representatives and the Secretary of the Senate regarding 
the content of exhibits contained in and tours operated out of the 
Capitol Visitor Center.

     TITLE II--RELATED SERVICES PROVIDED AT CAPITOL VISITOR CENTER

                 Subtitle A--Related Services Described

SEC. 201. GIFT SHOP.

    (a) Establishment.--In consultation with the supervising 
Committees, the Chief Executive Officer shall establish a gift shop 
within the Capitol Visitor Center for the purpose of providing for the 
sale of gift items.
    (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 subsection.

SEC. 202. FOOD SERVICE OPERATIONS.

    (a) Restaurant, Catering, and Vending.--The Chief Executive Officer 
is authorized to establish within the Capitol Visitor Center a 
restaurant and other food service facilities, including catering 
services and vending machines.
    (b) Use of Contract to Carry Out Food Service Operations.--The 
Chief Executive Officer shall carry out all food service operations 
within the Capitol Visitor Center pursuant to a contract entered into 
with a private vendor.
    (c) 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 subsection.

SEC. 203. LICENSES AND OTHER AGREEMENTS FOR OPERATIONS OR OTHER 
              FUNCTIONS.

    (a) Authority.--The Chief Executive Officer is authorized--
            (1) subject to the approval of the supervising Committees, 
        to enter into licenses and other agreements to allow operations 
        or other functions to occur within the Capitol Visitor Center; 
        and
            (2) to assess and collect charges or other fees as may be 
        appropriate under such licenses and agreements, including the 
        recoupment of costs associated with the operation or function 
        being held.
    (b) Exception to Prohibition of Sale or Solicitation on Capitol 
Grounds.--To the extent that a license or agreement entered into by the 
Chief Executive Officer under this section permits any person to sell 
or solicit the sale of goods or services within the Capitol Visitor 
Center, section 5104(c) of title 40, United States Code, shall not 
apply to the sale or solicitation of sales of such goods or services.
    (c) Approval of Congress Required for Certain Events.--No event 
intended for purposes other than those described in section 101(b) 
shall be held in the central hall of the Capitol Visitor Center unless 
authorized by a resolution agreed to by both houses of the Congress.

           Subtitle B--Capitol Visitor Center Revolving Fund

SEC. 211. ESTABLISHMENT; 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. 212. 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 201, 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 gifts of money accepted under section 114(a).
            (2) Any net profits or commissions paid to the Capitol 
        Visitor Center under any contract for food service operations 
        entered into under section 202(b).
            (3) Any charges or fees collected from the operations or 
        other functions within the Capitol Visitor Center under 
        licenses or other arrangements entered into under section 
        203(a).
            (4) Any other receipts received from the operation of the 
        Capitol Visitor Center.

SEC. 213. 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 obligation by 
        the Chief Executive Officer in connection with the operation of 
        the gift shops under section 201(a), including supplies, 
        inventories, equipment, and other expenses. In addition, such 
        monies may be used by 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) Obligation of funds remaining after use of funds for 
        gift shop.--To the extent monies in the Gift Shop Account are 
        available after disbursements and reimbursements are made under 
        subparagraph (A), the Chief Executive Officer may obligate such 
        monies for the operation of the Capitol Visitor Center, after 
        consultation with--
                    (A) the supervising Committees; 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 obligation by the Chief Executive Officer for the 
operations of the Capitol Visitor Center, after consultation with--
            (1) the supervising Committees; and
            (2) the Committees on Appropriations of the House of 
        Representatives and Senate.

SEC. 214. ADMINISTRATION OF FUND.

    (a) Obligations.--Obligations from the Fund may be made by the 
Chief Executive Officer.
    (b) Investment Authority.--The Secretary of the Treasury shall 
invest any portion of the Fund that, as determined by 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 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 III--TREATMENT OF CAPITOL GUIDE SERVICE

      Subtitle A--Transfer to Office of the Capitol Visitor Center

SEC. 301. TRANSFER OF CAPITOL GUIDE SERVICE.

    (a) Transfer of Authorities and Personnel to Office of the Capitol 
Visitor Center.--Except as provided in subsection (c), effective on the 
transfer date--
            (1) the contracts, liabilities, records, property, and 
        other assets and interests of the Capitol Guide Service, 
        established pursuant to 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
            (2) the Capitol Guide Service shall be subject to the 
        direction, supervision, and control 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 permanent basis on the transfer date 
        who is transferred to the Office under subsection (a) shall be 
        subject to authority of the Chief Executive Officer under 
        section 302(b), except that the individual shall not be reduced 
        in grade, compensation, rate of leave, or other benefits that 
        apply with respect to the individual at the time of transfer 
        while such individual remains continuously so employed as a 
        Capitol Guide 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.
            (3) Continuation of participation in student loan repayment 
        program.--Notwithstanding any other provision of law, if an 
        individual described in paragraph (1) has a written service 
        agreement in effect under section 102 of the Legislative Branch 
        Appropriations Act, 2002 (2 U.S.C. 60c-5) at the time the 
        individual is transferred to the Office, the agreement shall 
        remain in effect in accordance with the terms and conditions 
        applicable to the agreement at the time the individual is 
        transferred (including the provisions of such section 
        permitting the individual to enter into additional service 
        agreements for successive 1-year periods of employment), except 
        that in applying such section to the individual, the following 
        shall apply:
                    (A) The Office shall serve as the employing office, 
                and the Chief Executive Officer shall serve as the head 
                of the employing office.
                    (B) The Architect of the Capitol shall carry out 
                the responsibilities of the Secretary of the Senate.
                    (C) Any reference to the Committee on Rules and 
                Administration of the Senate and the Committee on 
                Appropriations of the Senate shall be treated as a 
                reference to the supervising Committees.
                    (D) If the individual is required to make any 
                reimbursement under such section with respect to 
                payments made after the individual is transferred, the 
                individual shall reimburse the Office of the Architect 
                of the Capitol.
            (4) Prohibiting imposition of probationary period.--The 
        Chief Executive Officer may not impose a period of probation 
        with respect to the transfer of any individual who is 
        transferred to the Office under subsection (a).
    (c) Exception for Congressional Special Services Office.--This 
section does not apply with respect to any employees, contracts, 
liabilities, records, property, 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. 302. 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 guided tours of the interior of the 
        United States Capitol without charge, 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 his official 
        services.
            (3) Regulations of chief executive officer.--All such tours 
        shall be conducted in compliance with regulations approved by 
        the Chief Executive Officer.
    (b) Authority of Chief Executive Officer.--In providing for the 
direction, supervision, and control of the Capitol Guide Service, the 
Chief Executive Officer is authorized--
            (1) subject to the availability of appropriations, to 
        establish and revise such number of positions of Guide in the 
        Capitol Guide Service as the Chief Executive Officer considers 
        necessary to carry out effectively the activities of the 
        Capitol Guide Service;
            (2) to 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 
        Chief Executive Officer 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 supervising Committees, with 
        respect to the individuals appointed pursuant to paragraph 
        (2)--
                    (A) to prescribe the individual's duties and 
                responsibilities,
                    (B) to fix, and adjust from time to time, 
                respective rates of pay at single per annum (gross) 
                rates, and
                    (C) to 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 Chief Executive Officer pursuant to paragraph 
                (7);
            (4) to prescribe a uniform dress, including appropriate 
        insignia, which shall be worn by personnel of the Capitol Guide 
        Service;
            (5) from time to time and as may be necessary, to procure 
        and furnish such uniforms to such personnel without charge to 
        such personnel;
            (6) to 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
            (7) with the approval of the supervising Committees, to 
        prescribe such regulations as the Chief Executive Officer 
        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.

       Subtitle B--Office of Congressional Accessibility Services

SEC. 311. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL ACCESSIBILITY 
              SERVICES.

    (a) Establishment.--There is established in the legislative branch 
the Office of Congressional Accessibility Services, to be headed by the 
Director of Accessibility Services.
    (b) Supervision and Control.--The Office of Congressional 
Accessibility Services shall be subject to the direction, supervision, 
and control of the Capitol Police Board.
    (c) Mission and Functions.--
            (1) In general.--The Office of Congressional Accessibility 
        Services shall--
                    (A) provide and coordinate accessibility services 
                for individuals with disabilities, including Members of 
                Congress, employees of the House of Representatives and 
                the Senate, and visitors, in the United States Capitol 
                Complex; and
                    (B) in consultation with the Office of House 
                Employment Counsel and the Senate Chief Counsel for 
                Employment, provide information regarding accessibility 
                for individuals with disabilities, as well as related 
                training and staff development, to Members of Congress 
                and employees of the House of Representatives and 
                Senate.
            (2) Specific functions.--The Director of Accessibility 
        Services shall submit to the supervising Committees 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 supervising committees. The 
        Director of Accessibility Services shall submit the list not 
        later than 30 days after the transfer date.
            (3) No effect on authority of employment counsels.--Nothing 
        in this subtitle shall be construed to limit any authority or 
        function of the Office of House Employment Counsel or the 
        Senate Chief Counsel for Employment that such Office or Counsel 
        carries out prior to the transfer date.
            (4) United states capitol complex defined.--In this 
        subsection, 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).
    (d) Conforming Amendment.--Section 310 of the Legislative Branch 
Appropriations Act, 1990 (2 U.S.C. 130e) is repealed.

SEC. 312. DIRECTOR OF ACCESSIBILITY SERVICES.

    (a) Appointment and Removal; Compensation.--
            (1) Appointment.--The Director of Accessibility Services 
        shall be appointed by the Capitol Police Board.
            (2) Removal.--The Director of Accessibility Services may be 
        removed by the Capitol Police Board, upon notification to the 
        supervising Committees.
            (3) Compensation.--The Director of Accessibility Services 
        shall be paid at an annual rate of pay determined by the 
        Capitol Police Board, except that such rate may not exceed the 
        maximum rate payable for level 15 of the General Schedule.
            (4) Transition for current head of congressional special 
        services office of capitol guide service.--The individual 
        serving as the head of the Congressional Special Services 
        Office of the Capitol Guide Service as of the transfer date 
        shall be appointed by the Capitol Police Board as the first 
        Director of Accessibility Services under this subtitle.
    (b) Personnel and Other Administrative Functions.--
            (1) Personnel, disbursements, and contracts.--In carrying 
        out the functions of the Office of Congressional Accessibility 
        Services under section 311, the Director of Accessibility 
        Services shall have the authority--
                    (A) to 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;
                    (B) to disburse funds as may be necessary and 
                available for the needs of the Office of Congressional 
                Accessibility Services; and
                    (C) to serve as contracting officer for the Office 
                of Congressional Accessibility Services.
            (2) 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 supervising Committees, 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 Accessibility Services, or 
        to otherwise assist the Director in the administration and 
        management of the Office of Accessibility Services.
    (c) Semiannual Reports.--The Director of Accessibility Services 
shall submit a report to the supervising Committees not later than 45 
days following the close of each semiannual period ending on June 30 or 
December 31 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.

SEC. 313. 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 subtitle, effective on the transfer date--
            (1) the contracts, liabilities, records, property, 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 311(a), 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 permanent basis on the transfer date who is 
        transferred under subsection (a) shall be subject to authority 
        of the Director of Accessibility Services under section 312, 
        except that the individual shall not be reduced in grade, 
        compensation, rate of leave, or other benefits that apply with 
        respect to the individual at the time of transfer while such 
        individual remains continuously so employed within the Office 
        of Congressional Accessibility Services established under 
        section 311(a), 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--Technical and Conforming Amendments

SEC. 321. 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.

                       Subtitle D--Transfer Date

SEC. 331. TRANSFER DATE.

    In this title, the ``transfer date'' means the date on which the 
Chief Executive Officer, in consultation with the Architect of the 
Capitol, certifies that a certificate of occupancy for the Capitol 
Visitor Center has been issued by the appropriate authorities.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

            Passed the House of Representatives March 5, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 5159

_______________________________________________________________________

                                 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.