[Congressional Record Volume 154, Number 37 (Wednesday, March 5, 2008)]
[House]
[Pages H1249-H1254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CAPITOL VISITOR CENTER ACT OF 2008
Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 5159) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5159
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
[[Page H1250]]
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
[[Page H1251]]
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.
[[Page H1252]]
(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
[[Page H1253]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Brady) and the gentleman from Michigan (Mr. Ehlers)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BRADY of Pennsylvania. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks in the Record on H.R. 5159.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BRADY of Pennsylvania. Mr. Speaker, the legislation that I bring
to the floor today is the end result of a long journey that goes back
to the 104th Congress, when the Capitol Visitor Center, or the CVC, was
first debated. Bills were introduced and none were passed. After the
1998 entry by a gunman into the Capitol and shooting of two Capitol
police officers, money was appropriated in the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for fiscal year 1999 for the
planning, construction, and design of the CVC.
While that bill provided for the bricks and mortar of the CVC, H.R.
5159, the Capitol Visitor Center Act of 2008 is the administrative
blueprint or framework for the day-to-day operation and management
oversight of the CVC.
H.R. 5159 defines the duties, responsibilities, and roles for a
variety of administrative offices such as the Chief Executive Officer
of Visitor Services, Office of the Capitol Visitor Center, and the
Office of Congressional Accessibility Services. The bill also provides
for visitor center services, restaurants, and the gift shop.
This bill does not affect or change staff-led tours in any way.
H.R. 5159 is a bipartisan initiative that received unanimous support
and was reported out favorably with an amendment from the Committee on
House Administration. I would like to take this time to thank my
colleague and cosponsor, the ranking member, Mr. Ehlers, for his
assistance and cooperation.
H.R. 5159 will be the first bill by the House to deal with the
internal operations and organization of the CVC. H.R. 5159 is a
necessary instrument to ensure that the CVC will be able to carry out
its main objectives: security, visitor education and comfort. I urge my
colleagues to support this legislation.
I reserve the balance of my time.
Mr. EHLERS. Mr. Speaker, I also rise in support of H.R. 5159, which
establishes an Office of the Capitol Visitor Center under the
organization of the Architect of the Capitol.
As the Chair of the committee has pointed out, this has been a long
progress, probably longer than it needed to be, but it started at the
time I was the Chair of the committee. Unfortunately, the original
ideas which we advanced were not accepted by all parties involved, and
it has taken a considerable amount of effort to reach the point we are
at today. However, what we have today is a good suggestion, a good
document, a good organization, and I am very pleased with it, largely
because it is very similar to what we started out with more than a year
ago.
This new Office of the Capitol Visitor Center will be headed by the
newly appointed Chief Executive Officer for Visitor Services, Terrie
Rouse. Ms. Rouse has done a superb job in bringing together her
management team to make sure that the Capitol Visitor Center is fully
operational and prepared to receive visitors as soon as the building is
ready to be occupied.
The legislation we are considering today provides a framework for the
effective management and administration of the CVC, while at the same
time ensuring that Members of the House and Senate have a definitive
role to play in governing the operation of the CVC.
This marvelous building, which will be enjoyed by Americans for years
to come, will operate in a way that, with this structure, will serve
greatly to strengthen the safety and security of the Members, staff,
and visitors to the Capitol, but above all, will create an unparalleled
visitor experience for the millions of Americans who visit their
Nation's Capitol each year.
In addition to being a significant administrative step in the
operations of the CVC, this bill is also an important milestone as we
move closer toward the facility's opening. In just a few short months,
at least we hope they are a few short months, the first visitors to the
CVC will have an opportunity to experience the majestic displays that
highlight significant accomplishments made by the legislative branch
that contributed to the development of our Nation's rich history.
Though some visitors may be hundreds or even thousands of miles from
home, they will remain connected through interactive kiosks that
feature biographical data about their Member of Congress, and they will
learn how to contact their Member.
For those Members who have not yet had an opportunity to tour the
CVC, or for Members who took a CVC tour several months ago, I urge all
those Members to take the time to take a new tour of the facility in
its current state so that each and every Member may
[[Page H1254]]
experience the facility as it will appear to our constituents.
As we complete the final steps before the facility opens, I thank
Chairman Brady for his leadership in bringing this important
legislation to the floor. As I said earlier, this bill has a unique
history with considerable difficulties, and I commend Chairman Brady
for managing to steer this bill through the pitfalls and rapids that
often encumber bills, and he has presented an excellent bill to this
Congress.
This bill will ensure effective management and administration of the
Capitol Visitor Center with oversight by the Committee on House
Administration and the Senate Committee on Rules and Administration. I
look forward to continuing to work closely with Chairman Brady as we
continue our oversight activities over the Capitol Visitor Center, and
as we near its November 2008 opening date and far, far beyond. I once
again thank the chairman for his good work on this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. BRADY of Pennsylvania. Mr. Speaker, I thank the gentleman for all
of his cooperation on a day-to-day basis, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Brady) that the House suspend the
rules and pass the bill, H.R. 5159, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________