[Congressional Record Volume 154, Number 160 (Thursday, October 2, 2008)]
[House]
[Pages H10673-H10677]
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 ask unanimous consent to 
take from the Speaker's table 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, with a Senate 
amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Capitol 
     Visitor Center Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--CAPITOL VISITOR CENTER

Sec. 101. Designation of facility as Capitol Visitor Center; purposes 
              of facility; treatment of the Capitol Visitor Center.
Sec. 102. Designation and naming within the Capitol Visitor Center.
Sec. 103. Use of the Emancipation Hall of the Capitol Visitor Center.

             TITLE II--OFFICE OF THE CAPITOL VISITOR CENTER

Sec. 201. Establishment.
Sec. 202. Appointment and supervision of Chief Executive Officer for 
              Visitor Services.
Sec. 203. General duties of Chief Executive Officer.
Sec. 204. Assistant to the Chief Executive Officer.
Sec. 205. Gift shop.
Sec. 206. Food service operations.

            TITLE III--CAPITOL VISITOR CENTER REVOLVING FUND

Sec. 301. Establishment and accounts.
Sec. 302. Deposits in the Fund.
Sec. 303. Use of monies.
Sec. 304. Administration of Fund.

      TITLE IV--CAPITOL GUIDE SERVICE AND OFFICE OF CONGRESSIONAL 
                         ACCESSIBILITY SERVICES

                   Subtitle A--Capitol Guide Service

Sec. 401. Transfer of Capitol Guide Service.
Sec. 402. Duties of employees of Capitol Guide Service.

       Subtitle B--Office of Congressional Accessibility Services

Sec. 411. Office of Congressional Accessibility Services.
Sec. 412. Transfer from Capitol Guide Service.

   Subtitle C--Transfer Date and Technical and Conforming Amendments

Sec. 421. Transfer date.
Sec. 422. Technical and conforming amendments.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Jurisdictions unaffected.
Sec. 502. Student loan repayment authority.
Sec. 503. Acceptance of volunteer services.
Sec. 504. Coins treated as gifts.
Sec. 505. Flexible work schedule pilot program.

               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

Sec. 601. Authorization of appropriations.

                    TITLE I--CAPITOL VISITOR CENTER

     SEC. 101. DESIGNATION OF FACILITY AS CAPITOL VISITOR CENTER; 
                   PURPOSES OF FACILITY; TREATMENT OF THE CAPITOL 
                   VISITOR CENTER.

       (a) Designation.--The facility authorized for construction 
     under the heading ``Capitol visitor center'' under chapter 5 
     of title II of division B of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (Public Law 
     105-277; 112 Stat. 2681-569) is designated as the Capitol 
     Visitor Center and is a part of the Capitol.
       (b) Purposes of the Facility.--The Capitol Visitor Center 
     shall be used--
       (1) to provide enhanced security for persons working in or 
     visiting the United States Capitol;
       (2) to improve the visitor experience by providing a 
     structure that will afford improved visitor orientation and 
     enhance the educational experience of those who have come to 
     learn about the Congress and the Capitol; and
       (3) for other purposes as determined by Congress or the 
     Committee on Rules and Administration of the Senate and the 
     Committee on House Administration of the House of 
     Representatives.
       (c) Treatment of the Capitol Visitor Center.--
       (1) Oversight.--The Committee on Rules and Administration 
     of the Senate and the Committee on House Administration of 
     the House of Representatives shall have oversight of the 
     Capitol Visitor Center.
       (2) Treatment of expansion space of the senate and house of 
     representatives in the capitol visitor center.--
       (A) Senate.--The expansion space of the Senate described as 
     unassigned space under the heading ``Capitol Visitor Center'' 
     under the heading ``ARCHITECT OF THE CAPITOL'' under title II 
     of the Act entitled ``An Act making appropriations for the 
     Legislative Branch for the fiscal year ending September 30, 
     2002, and for other purposes'', approved November 12, 2001 
     (Public Law 107-68; 115 Stat. 588) shall be part of the 
     Senate wing of the Capitol.
       (B) House of representatives.--The expansion space of the 
     House of Representatives described as unassigned space under 
     the heading ``Capitol Visitor Center'' under the heading 
     ``ARCHITECT OF THE CAPITOL'' under title II of the Act 
     entitled ``An Act making appropriations for the Legislative 
     Branch for the fiscal year ending September 30, 2002, and for 
     other purposes'', approved November 12, 2001 (Public Law 107-
     68; 115 Stat. 588) shall be part of the House of 
     Representatives wing of the Capitol.
       (d) Treatment of Congressional Auditorium and Related 
     Adjacent Areas.--
       (1) In general.--The Committee on Rules and Administration 
     of the Senate and the Committee on House Administration of 
     the House of Representatives shall jointly prescribe 
     regulations

[[Page H10674]]

     for the assignment of the space in the Capitol Visitor Center 
     known as the Congressional Auditorium and the related 
     adjacent areas.
       (2) Related adjacent areas.--The regulations under 
     paragraph (1) shall include a designation of the areas that 
     are related adjacent areas to the Congressional Auditorium.
       (e) Visitor Center Space in the Capitol.--Section 301 of 
     the National Visitor Center Facilities Act of 1968 (2 U.S.C. 
     2165) is repealed.
       (f) Exhibits for Displays.--
       (1) In general.--
       (A) Loan agreements.--Subject to subparagraph (B), the 
     Architect of the Capitol may enter into loan agreements to 
     place historical objects for display in the Exhibition Hall 
     of the Capitol Visitor Center.
       (B) Consultation and approval.--The Architect of the 
     Capitol may exercise the authority under subparagraph (A) 
     with respect to each loan agreement--
       (i) after consultation with--

       (I) the Senate Commission on Art; and
       (II) the House of Representatives Fine Arts Board; and

       (ii) subject to the approval of--

       (I) the Committee on Rules and Administration of the 
     Senate; and
       (II) the Committee on House Administration of the House of 
     Representatives.

       (C) Effective date.--This paragraph shall take effect on 
     December 3, 2008.
       (2) Exhibition prohibition.--Section 1815 of the Revised 
     Statutes (2 U.S.C. 2134) is amended by inserting 
     ``Emancipation Hall of the Capitol Visitor Center,'' after 
     ``Rotunda,''.
       (3) Exceptions to exhibition prohibition.--Section 1815 of 
     the Revised Statutes (2 U.S.C. 2134) shall not apply to any 
     historical object placed within an exhibit in the Exhibition 
     Hall of the Capitol Visitor Center that--
       (A)(i) is directly related to the purpose of the Capitol 
     Visitor Center under subsection (b)(2);
       (ii) is the subject of a loan agreement entered into by the 
     Architect of the Capitol before December 2, 2008; and
       (iii) has been approved by the Capitol Preservation 
     Commission; or
       (B) is the subject of a loan agreement described under 
     paragraph (1)(A).
       (4) Substitution of historical object.--A loan agreement 
     described under paragraph (3)(A)(ii) may provide for the 
     removal of an historical object from exhibition for 
     preservation purposes and the substitution of that object 
     with another historical object having a comparable 
     educational purpose.

     SEC. 102. DESIGNATION AND NAMING WITHIN THE CAPITOL VISITOR 
                   CENTER.

       (a) In General.--Except as provided under subsection (b), 
     no part of the Capitol Visitor Center may be designated or 
     named without the approval of--
       (1) not less than \3/4\ of all members on the Capitol 
     Preservation Commission who are members of the Democratic 
     party; and
       (2) not less than \3/4\ of all members on the Capitol 
     Preservation Commission who are members of the Republican 
     party.
       (b) Exception.--Subsection (a) shall not apply to any room 
     or space under the jurisdiction of the Senate or the House of 
     Representatives.

     SEC. 103. USE OF THE EMANCIPATION HALL OF THE CAPITOL VISITOR 
                   CENTER.

       The Emancipation Hall of the Capitol Visitor Center may not 
     be used for any event, except upon the passage of a 
     resolution agreed to by both houses of Congress authorizing 
     the use of the Emancipation Hall for that event.

             TITLE II--OFFICE OF THE CAPITOL VISITOR CENTER

     SEC. 201. ESTABLISHMENT.

       There is established within the Office of the Architect of 
     the Capitol the Office of the Capitol Visitor Center (in this 
     Act referred to as the ``Office''), to be headed by the Chief 
     Executive Officer for Visitor Services (in this Act referred 
     to as the ``Chief Executive Officer'').

     SEC. 202. APPOINTMENT AND SUPERVISION OF CHIEF EXECUTIVE 
                   OFFICER FOR VISITOR SERVICES.

       (a) Appointment.--The Chief Executive Officer shall be 
     appointed by the Architect of the Capitol.
       (b) Supervision and Oversight.--The Chief Executive Officer 
     shall report directly to the Architect of the Capitol and 
     shall be subject to oversight by the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives.
       (c) Removal.--Upon removal of the Chief Executive Officer, 
     the Architect of the Capitol shall immediately provide notice 
     of the removal to the Committee on Rules and Administration 
     of the Senate, the Committee on House Administration of the 
     House of Representatives, and the Committees on 
     Appropriations of the House of Representatives and Senate. 
     The notice shall include the reasons for the removal.
       (d) Compensation.--The Chief Executive Officer shall be 
     paid at an annual rate of pay equal to the annual rate of pay 
     of the Deputy Architect of the Capitol.
       (e) Transition for Current Chief Executive Officer for 
     Visitor Services.--
       (1) Appointment.--The individual who serves as the Chief 
     Executive Officer for Visitor Services under section 6701 of 
     the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, 
     and Iraq Accountability Appropriation Act of 2007 (2 U.S.C. 
     1806) as of the date of the enactment of this Act shall be 
     the first Chief Executive Officer for Visitor Services 
     appointed by the Architect under this section.
       (2) Technical and conforming amendment.--Section 6701 of 
     the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, 
     and Iraq Accountability Appropriation Act of 2007 (2 U.S.C. 
     1806) is repealed.

     SEC. 203. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER.

       (a) Administration of Facilities, Services, and 
     Activities.--
       (1) In general.--Except to the extent otherwise provided in 
     this Act, the Chief Executive Officer shall be responsible 
     for--
       (A) the operation, management, and budget preparation and 
     execution of the Capitol Visitor Center, including all long 
     term planning and daily operational services and activities 
     provided within the Capitol Visitor Center; and
       (B) in accordance with sections 401 and 402, the management 
     of guided tours of the interior of the United States Capitol.
       (2) Independent budget consideration.--
       (A) In general.--The Architect of the Capitol, upon 
     recommendation of the Chief Executive Officer, shall submit 
     the proposed budget for the Office for a fiscal year in the 
     proposed budget for that year for the Office of the Architect 
     of the Capitol (as submitted by the Architect of the Capitol 
     to the President). The proposed budget for the Office shall 
     be considered independently from the other components of the 
     proposed budget for the Architect of the Capitol.
       (B) Exclusion of costs of general maintenance and repair of 
     visitor center.--In preparing the proposed budget for the 
     Office under subparagraph (A), the Chief Executive Officer 
     shall exclude costs attributable to the activities and 
     services described under section 501(b) (relating to 
     continuing jurisdiction of the Architect of the Capitol for 
     the care and superintendence of the Capitol Visitor Center).
       (b) Personnel, Disbursements, and Contracts.--In carrying 
     out this Act, the Architect of the Capitol shall have the 
     authority to, upon recommendation of the Chief Executive 
     Officer--
       (1) appoint, hire, and fix the compensation of such 
     personnel as may be necessary for operations of the Office, 
     except that no employee may be paid at an annual rate in 
     excess of the maximum rate payable for level 15 of the 
     General Schedule;
       (2) disburse funds as may be necessary and available for 
     the needs of the Office (consistent with the requirements of 
     section 303 in the case of amounts in the Capitol Visitor 
     Center Revolving Fund); and
       (3) designate an employee of the Office to serve as 
     contracting officer for the Office, subject to subsection 
     (c).
       (c) Requiring Approval of Certain Contracts.--The Architect 
     of the Capitol may not enter into a contract for the 
     operations of the Capitol Visitor Center for which the amount 
     involved exceeds $250,000 without the prior approval of the 
     Committee on Rules and Administration of the Senate and the 
     Committee on House Administration of the House of 
     Representatives.
       (d) Semiannual Reports.--The Chief Executive Officer shall 
     submit a report to the Committee on Rules and Administration 
     of the Senate and the Committee on House Administration of 
     the House of Representatives not later than 45 days following 
     the close of each semiannual period ending on March 31 or 
     September 30 of each year on the financial and operational 
     status during the period of each function under the 
     jurisdiction of the Chief Executive Officer. Each such report 
     shall include financial statements and a description or 
     explanation of current operations, the implementation of new 
     policies and procedures, and future plans for each function.

     SEC. 204. ASSISTANT TO THE CHIEF EXECUTIVE OFFICER.

       (a) In General.--The Architect of the Capitol shall--
       (1) upon recommendation of the Chief Executive Officer, 
     appoint an assistant who shall perform the responsibilities 
     of the Chief Executive Officer during the absence or 
     disability of the Chief Executive Officer, or during a 
     vacancy in the position of the Chief Executive Officer; and
       (2) notwithstanding section 203(b)(1), fix the rate of 
     basic pay for the position of the assistant appointed under 
     subparagraph (A) at a rate not to exceed the highest total 
     rate of pay for the Senior Executive Service under subchapter 
     VIII of chapter 53 of title 5, United States Code, for the 
     locality involved.
       (b) Transition for Current Assistant Chief Executive 
     Officer.--
       (1) Appointment.--The individual who serves as the 
     assistant under section 1309 of the Legislative Branch 
     Appropriations Act, 2008 (2 U.S.C. 1807) as of the date of 
     the enactment of this Act shall be the first Assistant Chief 
     Executive Officer for Visitor Services appointed by the 
     Architect under this section.
       (2) Technical and conforming amendment.--Section 1309 of 
     the Legislative Branch Appropriations Act, 2008 (2 U.S.C. 
     1807) is repealed.

     SEC. 205. GIFT SHOP.

       (a) Establishment.--The Architect of the Capitol, acting 
     through the Chief Executive Officer, shall establish a 
     Capitol Visitor Center Gift Shop within the Capitol Visitor 
     Center for the purpose of providing for the sale of gift 
     items. All moneys received from sales and other services by 
     the Capitol Visitor Center Gift Shop shall be deposited in 
     the Capitol Visitor Center Revolving Fund established under 
     section 301 and shall be available for purposes of this 
     section.
       (b) Exception to Prohibition of Sale or Solicitation on 
     Capitol Grounds.--Section 5104(c) of title 40, United States 
     Code, shall not apply to any activity carried out under this 
     section.

     SEC. 206. FOOD SERVICE OPERATIONS.

       (a) Restaurant, Catering, and Vending.--The Architect of 
     the Capitol, acting through the Chief Executive Officer, 
     shall establish within the Capitol Visitor Center a 
     restaurant and other food service facilities, including 
     catering services and vending machines.
       (b) Contract for Food Service Operations.--

[[Page H10675]]

       (1) In general.--The Architect of the Capitol, acting 
     through the Chief Executive Officer, may enter into a 
     contract for food service operations within the Capitol 
     Visitor Center.
       (2) Existing contract unaffected.--Nothing in paragraph (1) 
     shall be construed to affect any contract for food service 
     operations within the Capitol Visitor Center in effect on the 
     date of enactment of this Act.
       (c) Deposits.--All net profits from the food service 
     operations within the Capitol Visitor Center and all 
     commissions received from the contractor for such food 
     service operations shall be deposited in the Capitol Visitor 
     Center Revolving Fund established under section 301.
       (d) Exception to Prohibition of Sale or Solicitation on 
     Capitol Grounds.--Section 5104(c) of title 40, United States 
     Code, shall not apply to any activity carried out under this 
     section.

            TITLE III--CAPITOL VISITOR CENTER REVOLVING FUND

     SEC. 301. ESTABLISHMENT AND ACCOUNTS.

       There is established in the Treasury of the United States a 
     revolving fund to be known as the Capitol Visitor Center 
     Revolving Fund (in this section referred to as the ``Fund''), 
     consisting of the following individual accounts:
       (1) The Gift Shop Account.
       (2) The Miscellaneous Receipts Account.

     SEC. 302. DEPOSITS IN THE FUND.

       (a) Gift Shop Account.--There shall be deposited in the 
     Gift Shop Account all monies received from sales and other 
     services by the gift shop established under section 205, 
     together with any interest accrued on balances in the 
     Account.
       (b) Miscellaneous Receipts Account.--There shall be 
     deposited in the Miscellaneous Receipts Account each of the 
     following (together with any interest accrued on balances in 
     the Account):
       (1) Any amounts deposited under section 206(c).
       (2) Any other receipts received from the operation of the 
     Capitol Visitor Center.
       (3) Any amounts described under section 504(d).

     SEC. 303. USE OF MONIES.

       (a) Gift Shop Account.--
       (1) In general.--All monies in the Gift Shop Account shall 
     be available without fiscal year limitation for disbursement 
     by the Architect of the Capitol, upon recommendation of the 
     Chief Executive Officer, in connection with the operation of 
     the gift shop under section 205, including supplies, 
     inventories, equipment, and other expenses. In addition, such 
     monies may be used by the Architect of the Capitol, upon 
     recommendation of the Chief Executive Officer, to reimburse 
     any applicable appropriations account for amounts used from 
     such appropriations account to pay the salaries of employees 
     of the gift shops.
       (2) Use of remaining funds.--To the extent monies in the 
     Gift Shop Account are available after disbursements and 
     reimbursements are made under paragraph (1), the Architect of 
     the Capitol, upon recommendation of the Chief Executive 
     Officer, may disburse such monies for the operation of the 
     Capitol Visitor Center, after consultation with--
       (A) the Committee on Rules and Administration of the Senate 
     and the Committee on House Administration of the House of 
     Representatives; and
       (B) the Committees on Appropriations of the House of 
     Representatives and Senate.
       (b) Miscellaneous Receipts Account.--All monies in the 
     Miscellaneous Receipts Account shall be available without 
     fiscal year limitation for disbursement by the Architect of 
     the Capitol, upon recommendation of the Chief Executive 
     Officer, for the operations of the Capitol Visitor Center, 
     after consultation with--
       (1) the Committee on Rules and Administration of the Senate 
     and the Committee on House Administration of the House of 
     Representatives; and
       (2) the Committees on Appropriations of the House of 
     Representatives and Senate.

     SEC. 304. ADMINISTRATION OF FUND.

       (a) Disbursements.--Disbursements from the Fund may be made 
     by the Architect of the Capitol, upon recommendation of the 
     Chief Executive Officer.
       (b) Investment Authority.--The Secretary of the Treasury 
     shall invest any portion of the Fund that, as determined by 
     the Architect of the Capitol, upon recommendation of the 
     Chief Executive Officer, is not required to meet current 
     expenses. Each investment shall be made in an interest-
     bearing obligation of the United States or an obligation 
     guaranteed both as to principal and interest by the United 
     States that, as determined by the Architect of the Capitol, 
     upon recommendation of the Chief Executive Officer, has a 
     maturity date suitable for the purposes of the Fund. The 
     Secretary of the Treasury shall credit interest earned on the 
     obligations to the Fund.
       (c) Audit.--The Fund shall be subject to audit by the 
     Comptroller General at the discretion of the Comptroller 
     General.

      TITLE IV--CAPITOL GUIDE SERVICE AND OFFICE OF CONGRESSIONAL 
                         ACCESSIBILITY SERVICES

                   Subtitle A--Capitol Guide Service

     SEC. 401. TRANSFER OF CAPITOL GUIDE SERVICE.

       (a) Transfer of Authorities and Personnel to Office of the 
     Capitol Visitor Center.--In accordance with the provisions of 
     this title, effective on the transfer date--
       (1) the Capitol Guide Service shall be an office within the 
     Office;
       (2) the contracts, liabilities, records, property, 
     appropriations, and other assets and interests of the Capitol 
     Guide Service, established under section 441 of the 
     Legislative Reorganization Act of 1970 (2 U.S.C. 2166), and 
     the employees of the Capitol Guide Service, are transferred 
     to the Office, except that the transfer of any amounts 
     appropriated to the Capitol Guide Service that remain 
     available as of the transfer date shall occur only upon the 
     approval of the Committees on Appropriations of the House of 
     Representatives and Senate; and
       (3) the Capitol Guide Service shall be subject to the 
     direction of the Architect of the Capitol, upon 
     recommendation of the Chief Executive Officer, in accordance 
     with this subtitle.
       (b) Treatment of Employees of Capitol Guide Service at Time 
     of Transfer.--
       (1) In general.--Any individual who is an employee of the 
     Capitol Guide Service on a non-temporary basis on the 
     transfer date who is transferred to the Office under 
     subsection (a) shall be subject to the authority of the 
     Architect of the Capitol under section 402(b), except that 
     the individual's grade, compensation, rate of leave, or other 
     benefits that apply with respect to the individual at the 
     time of transfer shall not be reduced while such individual 
     remains continuously so employed in the same position within 
     the Office, other than for cause.
       (2) Eligibility for immediate retirement on basis of 
     involuntary separation.--For purposes of section 8336(d) and 
     section 8414(b) of title 5, United States Code, an individual 
     described in paragraph (1) who is separated from service with 
     the Office shall be considered to have separated from the 
     service involuntarily if, at the time the individual is 
     separated from service--
       (A) the individual has completed 25 years of service under 
     such title; or
       (B) the individual has completed 20 years of service under 
     such title and is 50 years of age or older.
       (c) Exception for Congressional Special Services Office.--
     This section does not apply with respect to any employees, 
     contracts, liabilities, records, property, appropriations, 
     and other assets and interests of the Congressional Special 
     Services Office of the Capitol Guide Service that are 
     transferred to the Office of Congressional Accessibility 
     Services under subtitle B.

     SEC. 402. DUTIES OF EMPLOYEES OF CAPITOL GUIDE SERVICE.

       (a) Provision of Guided Tours.--
       (1) Tours.--In accordance with this section, the Capitol 
     Guide Service shall provide without charge guided tours of 
     the interior of the United States Capitol, including the 
     Capitol Visitor Center, for the education and enlightenment 
     of the general public.
       (2) Acceptance of fees prohibited.--An employee of the 
     Capitol Guide Service shall not charge or accept any fee, or 
     accept any gratuity, for or on account of the official 
     services of that employee.
       (3) Regulations of the architect of the capitol.--All such 
     tours shall be conducted in compliance with regulations 
     approved by the Architect of the Capitol, upon recommendation 
     of the Chief Executive Officer.
       (b) Authority of the Architect of the Capitol.--In 
     providing for the direction, supervision, and control of the 
     Capitol Guide Service, the Architect of the Capitol, upon 
     recommendation of the Chief Executive Officer, is authorized 
     to--
       (1) subject to the availability of appropriations, 
     establish and revise such number of positions of Guide in the 
     Capitol Guide Service as the Architect of the Capitol 
     considers necessary to carry out effectively the activities 
     of the Capitol Guide Service;
       (2) appoint, on a permanent basis without regard to 
     political affiliation and solely on the basis of fitness to 
     perform their duties, a Chief Guide and such deputies as the 
     Architect of the Capitol considers appropriate for the 
     effective administration of the Capitol Guide Service and, in 
     addition, such number of Guides as may be authorized;
       (3) with the approval of the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives, with respect 
     to the individuals appointed under paragraph (2)--
       (A) prescribe the individual's duties and responsibilities; 
     and
       (B) fix, and adjust from time to time, respective rates of 
     pay at single per annum (gross) rates;
       (4) with respect to the individuals appointed under 
     paragraph (2), take appropriate disciplinary action, 
     including, when circumstances warrant, suspension from duty 
     without pay, reduction in pay, demotion, or termination of 
     employment with the Capitol Guide Service, against any 
     employee who violates any provision of this section or any 
     regulation prescribed by the Architect of the Capitol under 
     paragraph (8);
       (5) prescribe a uniform dress, including appropriate 
     insignia, which shall be worn by personnel of the Capitol 
     Guide Service;
       (6) from time to time and as may be necessary, procure and 
     furnish such uniforms to such personnel without charge to 
     such personnel;
       (7) receive and consider advice and information from any 
     private historical or educational organization, association, 
     or society with respect to those operations of the Capitol 
     Guide Service which involve the furnishing of historical and 
     educational information to the general public; and
       (8) with the approval of the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives, prescribe 
     such regulations as the Architect of the Capitol considers 
     necessary and appropriate for the operation of the Capitol 
     Guide Service, including regulations with respect to tour 
     routes and hours of operation, number of visitors per guide, 
     staff-led tours, and non-law enforcement security and special 
     event related support.
       (c) Provision of Accessible Tours in Coordination With 
     Office of Congressional

[[Page H10676]]

     Accessibility Services.--The Chief Executive Officer shall 
     coordinate the provision of accessible tours for individuals 
     with disabilities with the Office of Congressional 
     Accessibility Services established under subtitle B.
       (d) Detail of Personnel.--The Architect of the Capitol 
     shall detail personnel of the Capitol Guide Service based on 
     a request from the Capitol Police Board to assist the United 
     States Capitol Police by providing ushering and informational 
     services, and other services not directly involving law 
     enforcement, in connection with--
       (1) the inauguration of the President and Vice President of 
     the United States;
       (2) the official reception of representatives of foreign 
     nations and other persons by the Senate or House of 
     Representatives; or
       (3) other special or ceremonial occasions in the United 
     States Capitol or on the United States Capitol Grounds that--
       (A) require the presence of additional Government 
     personnel; and
       (B) cause the temporary suspension of the performance of 
     regular duties.
       (e) Effective Date.--This section shall take effect on the 
     transfer date.

       Subtitle B--Office of Congressional Accessibility Services

     SEC. 411. OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES.

       (a) In General.--Section 310 of the Legislative Branch 
     Appropriations Act, 1990 (2 U.S.C. 130e) is amended to read 
     as follows:

     ``SEC. 310. OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES.

       ``(a) Establishment of Office of Congressional 
     Accessibility Services.--
       ``(1) Establishment.--There is established in the 
     legislative branch the Office of Congressional Accessibility 
     Services, to be headed by the Director of Accessibility 
     Services.
       ``(2) Congressional accessibility services board.--
       ``(A) Establishment.--There is established the 
     Congressional Accessibility Services Board, which shall be 
     composed of--
       ``(i) the Sergeant at Arms and Doorkeeper of the Senate;
       ``(ii) the Secretary of the Senate;
       ``(iii) the Sergeant at Arms of the House of 
     Representatives;
       ``(iv) the Clerk of the House of Representatives; and
       ``(v) the Architect of the Capitol.
       ``(B) Direction of board.--The Office of Congressional 
     Accessibility Services shall be subject to the direction of 
     the Congressional Accessibility Services Board.
       ``(3) Mission and functions.--
       ``(A) In general.--The Office of Congressional 
     Accessibility Services shall--
       ``(i) provide and coordinate accessibility services for 
     individuals with disabilities, including Members of Congress, 
     officers and employees of the House of Representatives and 
     the Senate, and visitors, in the United States Capitol 
     Complex; and
       ``(ii) provide information regarding accessibility for 
     individuals with disabilities, as well as related training 
     and staff development, to Members of Congress and employees 
     of the Senate and the House of Representatives.
       ``(B) United states capitol complex defined.--In this 
     paragraph, the term `United States Capitol Complex' means the 
     Capitol buildings (as defined in section 5101 of title 40, 
     United States Code) and the United States Capitol Grounds (as 
     described in section 5102 of such title).
       ``(b) Director of Accessibility Services.--
       ``(1) Appointment, pay, and removal.--
       ``(A) Appointment and pay.--The Director of Accessibility 
     Services shall be appointed by the Congressional 
     Accessibility Services Board and shall be paid at a rate of 
     pay determined by the Congressional Accessibility Services 
     Board.
       ``(B) Removal.--Upon removal of the Director of 
     Accessibility Services, the Congressional Accessibility 
     Services Board shall immediately provide notice of the 
     removal to the Committee on Rules and Administration of the 
     Senate, the Committee on House Administration of the House of 
     Representatives, and the Committees on Appropriations of the 
     House of Representatives and Senate. The notice shall include 
     the reasons for the removal.
       ``(2) Personnel and other administrative functions.--
       ``(A) Personnel, disbursements, and contracts.--In carrying 
     out the functions of the Office of Congressional 
     Accessibility Services under subsection (a), the Director of 
     Accessibility Services shall have the authority to--
       ``(i) appoint, hire, and fix the compensation of such 
     personnel as may be necessary for operations of the Office of 
     Congressional Accessibility Services, except that no employee 
     may be paid at an annual rate in excess of the annual rate of 
     pay for the Director of Accessibility Services;
       ``(ii) take appropriate disciplinary action, including, 
     when circumstances warrant, suspension from duty without pay, 
     reduction in pay, demotion, or termination of employment with 
     the Office of Congressional Accessibility Services, against 
     any employee;
       ``(iii) disburse funds as may be necessary and available 
     for the needs of the Office of Congressional Accessibility 
     Services; and
       ``(iv) serve as contracting officer for the Office of 
     Congressional Accessibility Services.
       ``(B) Agreements with the office of the architect of the 
     capitol, with other legislative branch agencies, and with 
     offices of the senate and house of representatives.--Subject 
     to the approval of the Committee on Rules and Administration 
     of the Senate and the Committee on House Administration of 
     the House of Representatives, the Director of Accessibility 
     Services may place orders and enter into agreements with the 
     Office of the Architect of the Capitol, with other 
     legislative branch agencies, and with any office or other 
     entity of the Senate or House of Representatives for 
     procuring goods and providing financial and administrative 
     services on behalf of the Office of Congressional 
     Accessibility Services, or to otherwise assist the Director 
     in the administration and management of the Office of 
     Congressional Accessibility Services.
       ``(3) Semiannual reports.--The Director of Accessibility 
     Services shall submit a report to the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives not later than 
     45 days following the close of each semiannual period ending 
     on March 31 or September 30 of each year on the financial and 
     operational status during the period of each function under 
     the jurisdiction of the Director. Each such report shall 
     include financial statements and a description or explanation 
     of current operations, the implementation of new policies and 
     procedures, and future plans for each function.''.
       (b) Specific Functions.--The Director of Accessibility 
     Services shall submit to the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives a list of the 
     specific functions that the Office of Congressional 
     Accessibility Services will perform in carrying out this 
     subtitle with the approval of the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives. The Director 
     of Accessibility Services shall submit the list not later 
     than 30 days after the transfer date.
       (c) Transition for Current Director.--The individual who 
     serves as the head of the Congressional Special Services 
     Office as of the date of the enactment of this Act shall be 
     the first Director of Accessibility Services appointed by the 
     Congressional Accessibility Services Board under section 310 
     of the Legislative Branch Appropriations Act, 1990 (2 U.S.C. 
     130e) (as amended by this section).

     SEC. 412. TRANSFER FROM CAPITOL GUIDE SERVICE.

       (a) Transfer of Authorities and Personnel of Congressional 
     Special Services Office of Capitol Guide Service.--In 
     accordance with the provisions of this title, effective on 
     the transfer date--
       (1) the contracts, liabilities, records, property, 
     appropriations, and other assets and interests of the 
     Congressional Special Services Office of the Capitol Guide 
     Service, and the employees of such Office, are transferred to 
     the Office of Congressional Accessibility Services 
     established under section 310(a) of the Legislative Branch 
     Appropriations Act, 1990 (2 U.S.C. 130e) (as amended by 
     section 411 of this Act), except that the transfer of any 
     amounts appropriated to the Congressional Special Services 
     Office that remain available as of the transfer date shall 
     occur only upon the approval of the Committees on 
     Appropriations of the House of Representatives and Senate; 
     and
       (2) the employees of such Office shall be subject to the 
     direction, supervision, and control of the Director of 
     Accessibility Services.
       (b) Treatment of Employees at Time of Transfer.--
       (1) In general.--Any individual who is an employee of the 
     Congressional Special Services Office of the Capitol Guide 
     Service on a non-temporary basis on the transfer date who is 
     transferred under subsection (a) shall be subject to the 
     authority of the Director of Accessibility Services under 
     section 310(b) of the Legislative Branch Appropriations Act, 
     1990 (2 U.S.C. 130e) (as amended by section 411 of this Act), 
     except that the individual's grade, compensation, rate of 
     leave, or other benefits that apply with respect to the 
     individual at the time of transfer shall not be reduced while 
     such individual remains continuously so employed in the same 
     position within the Office of Congressional Accessibility 
     Services established under section 310(a) of the Legislative 
     Branch Appropriations Act, 1990 (2 U.S.C. 130e) (as amended 
     by section 411 of this Act), other than for cause.
       (2) Eligibility for immediate retirement on basis of 
     involuntary separation.--For purposes of section 8336(d) and 
     section 8414(b) of title 5, United States Code, an individual 
     described in paragraph (1) who is separated from service with 
     the Office of Congressional Accessibility Services shall be 
     considered to have separated from the service involuntarily 
     if, at the time the individual is separated from service--
       (A) the individual has completed 25 years of service under 
     such title; or
       (B) the individual has completed 20 years of service under 
     such title and is 50 years of age or older.
       (3) Prohibiting imposition of probationary period.--The 
     Director of Accessibility Services may not impose a period of 
     probation with respect to the transfer of any individual who 
     is transferred to the Office of Congressional Accessibility 
     Services under subsection (a).

   Subtitle C--Transfer Date and Technical and Conforming Amendments

     SEC. 421. TRANSFER DATE.

       In this title, the term ``transfer date'' means the date 
     occurring on the first day of the first pay period 
     (applicable to employees transferred under section 401) 
     occurring on or after 30 days after the date of enactment of 
     this Act.

     SEC. 422. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Existing Authority of Capitol Guide Service.--Section 
     441 of the Legislative Reorganization Act of 1970 (2 U.S.C. 
     2166) is repealed.
       (b) Coverage Under Congressional Accountability Act of 
     1995.--
       (1) Treatment of employees as covered employees.--Section 
     101(3)(C) of the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301(3)(C)) is amended to read as follows:
       ``(C) the Office of Congressional Accessibility 
     Services;''.

[[Page H10677]]

       (2) Treatment of office as employing office.--Section 
     101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is amended by 
     striking ``the Capitol Guide Board,'' and inserting ``the 
     Office of Congressional Accessibility Services,''.
       (3) Rights and protections relating to public services and 
     accommodations.--Section 210(a)(4) of such Act (2 U.S.C. 
     1331(a)(4)) is amended to read as follows:
       ``(4) the Office of Congressional Accessibility 
     Services;''.
       (4) Periodic inspections for occupational safety and health 
     compliance.--Section 215(e)(1) of such Act (2 U.S.C. 
     1341(e)(1)) is amended by striking ``the Capitol Guide 
     Service,'' and inserting ``the Office of Congressional 
     Accessibility Services,''.
       (c) Treatment as Congressional Employees for Retirement 
     Purposes.--Section 2107(9) of title 5, United States Code, is 
     amended to read as follows:
       ``(9) an employee of the Office of Congressional 
     Accessibility Services.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the transfer date.

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. JURISDICTIONS UNAFFECTED.

       (a) Security Jurisdiction Unaffected.--Nothing in this Act 
     granting any authority to the Architect of the Capitol or 
     Chief Executive Officer shall be construed to affect the 
     exclusive jurisdiction of the Capitol Police, the Capitol 
     Police Board, the Sergeant at Arms and Doorkeeper of the 
     Senate, and the Sergeant at Arms of the House of 
     Representatives to provide security for the Capitol, 
     including the Capitol Visitor Center.
       (b) Architect of the Capitol Jurisdiction Unaffected.--
       (1) In general.--Nothing in this Act granting any authority 
     to the Chief Executive Officer shall be construed to affect 
     the exclusive jurisdiction of the Architect of the Capitol 
     for the care and superintendence of the Capitol Visitor 
     Center. All maintenance services, groundskeeping services, 
     improvements, alterations, additions, and repairs for the 
     Capitol Visitor Center shall be made under the direction and 
     supervision of the Architect, subject to the approval of the 
     Committee on Rules and Administration of the Senate and the 
     House Office Building Commission as to matters of general 
     policy.
       (2) Technical and conforming amendment.--Section 1305 of 
     the Legislative Branch Appropriations Act, 2008 (2 U.S.C. 
     1825) is repealed.

     SEC. 502. STUDENT LOAN REPAYMENT AUTHORITY.

       Section 5379(a)(1)(A) of title 5, United States Code, is 
     amended by inserting ``, the Architect of the Capitol, the 
     Botanic Garden, and the Office of Congressional Accessibility 
     Services'' after ``title''.

     SEC. 503. ACCEPTANCE OF VOLUNTEER SERVICES.

       Notwithstanding section 1342 of title 31, United States 
     Code, the Architect of the Capitol, upon the recommendation 
     of the Chief Executive Officer, may accept and use voluntary 
     and uncompensated services for the Capitol Visitor Center as 
     the Architect of the Capitol determines necessary. No person 
     shall be permitted to donate personal services under this 
     section unless such person has first agreed, in writing, to 
     waive any and all claims against the United States arising 
     out of or connection with such services, other than a claim 
     under the provisions of chapter 81 of title 5, United States 
     Code. No person donating personal services under this section 
     shall be considered an employee of the United States for any 
     purpose other than for purposes of chapter 81 of such title. 
     In no case shall the acceptance of personal services under 
     this subsection result in the reduction of pay or 
     displacement of any employee of the Office of the Architect 
     of the Capitol.

     SEC. 504. COINS TREATED AS GIFTS.

       (a) Definition.--In this section, the term ``covered 
     grounds'' means--
       (1) the grounds described under section 5102 of title 40, 
     United States Code;
       (2) the Capitol Buildings defined under section 5101 of 
     title 40, United States Code, including the Capitol Visitor 
     Center; and
       (3) the Library of Congress buildings and grounds described 
     under section 11 of the Act entitled ``An Act relating to the 
     policing of the buildings and grounds of the Library of 
     Congress'', approved August 4, 1950 (2 U.S.C. 167j).
       (b) Treatment of Coins.--In the case of any coins in any 
     fountains on covered grounds--
       (1) such coins shall be treated as gifts to the United 
     States; and
       (2) the Architect of the Capitol shall--
       (A) collect such coins at such times and in such manner as 
     the Architect determines appropriate; and
       (B) except as provided under subsection (c), deposit the 
     collected coins in accordance with subsection (d).
       (c) Cost Reimbursement.--Any amount collected under this 
     section shall first be used to reimburse the Architect of the 
     Capitol for any costs incurred in the collection and 
     processing of the coins. The amount of any such reimbursement 
     is appropriated to the account from which such costs were 
     paid and may be used for any authorized purpose of that 
     account.
       (d) Deposit of Coins.--The Architect of the Capitol shall 
     deposit coins collected under this section in the 
     Miscellaneous Receipts Account of the Capitol Visitor Center 
     Revolving Fund established under section 301.
       (e) Authorized Use and Availability.--Amounts deposited in 
     the Miscellaneous Receipts Account of the Capitol Visitor 
     Center Revolving Fund under this section shall be available 
     as provided under section 303(b).

     SEC. 505. FLEXIBLE WORK SCHEDULE PILOT PROGRAM.

       (a) In General.--Section 1302 of the Legislative Branch 
     Appropriations Act, 2008 (2 U.S.C. 1831 note; 121 Stat. 2242) 
     is amended in the third sentence by striking ``September 30, 
     2008'' and inserting ``September 30, 2010''.
       (b) Effective Date.--The amendment made under subsection 
     (a) shall take effect as though enacted as part of the 
     Legislative Branch Appropriations Act, 2008 (Public Law 110-
     161; 121 Stat. 2218 et seq.).

               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

     SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

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

  Mr. BRADY of Pennsylvania (during the reading). Mr. Speaker, I ask 
unanimous consent that the amendment be considered as read and printed 
in the Record.
  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, I would like to insert in the 
Record at this point correspondence related to the bill.
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                  Washington, DC, October 1, 2008.
     Hon. Robert A. Brady,
     Chairman, Committee on House Administration, House of 
         Representatives, Washington, DC.
       Dear Chairman Brady: I write to you regarding H.R. 5159, as 
     amended, the ``Capitol Visitor Center Act of 2008''.
       H.R. 5159, as amended, contains provisions that fall within 
     the jurisdiction of the Committee on Transportation and 
     Infrastructure. Specifically, section 102 of H.R. 5159, as 
     amended, establishes a process for designation and naming 
     rooms or space within the Capitol Visitors Center. I write to 
     confirm the mutual understanding of the Committee on House 
     Administration and the Committee on Transportation and 
     Infrastructure that this provision does not waive, reduce, or 
     otherwise affect the jurisdiction of the Committee on 
     Transportation and Infrastructure to name facilities of the 
     U.S. Capitol.
       I recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, I will not seek a sequential referral of the 
     bill. However, I agree to waive consideration of this bill 
     with the mutual understanding of the interpretation of 
     section 102 and that my decision to forgo a sequential 
     referral of the bill does not waive, reduce, or otherwise 
     affect the jurisdiction of the Committee on Transportation 
     and Infrastructure over H.R. 5159.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Transportation and 
     Infrastructure's jurisdictional interest in the Congressional 
     Record during consideration of the measure on the House 
     Floor.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
     Chairman.
                                  ____

                                         House of Representatives,


                            Committee on House Administration,

                                  Washington, DC, October 1, 2008.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Oberstar: Thank you for your letter of 
     October 1, 2008, regarding H.R. 5159, as amended, the 
     ``Capitol Visitor Center Act of 2008''.
       I agree that provisions in H.R. 5159, as amended, are 
     within the jurisdiction of the Committee on Transportation 
     and Infrastructure. I appreciate your willingness to waive 
     rights to further consideration of H.R. 5159, as amended, and 
     I acknowledge that through this waiver, your Committee is not 
     relinquishing its jurisdiction over the relevant provisions 
     of H.R. 5159, as amended. Specifically, I confirm our mutual 
     understanding that section 102 of H.R. 5159, as amended, does 
     not waive, reduce, or otherwise affect the jurisdiction of 
     the Committee on Transportation and Infrastructure to name 
     facilities of the U.S. Capitol.
       This exchange of letters will be placed in the 
     Congressional Record as part of the consideration of H.R. 
     5159, as amended, in the House. Thank you for the cooperative 
     spirit in which you have worked regarding this matter and 
     others between our respective committees.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                  Robert A. Brady,
                                                         Chairman.

  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Pennsylvania?
  There was no objection.
  A motion to reconsider was laid on the table.




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