[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[House]
[Pages 3224-3229]
[From the U.S. 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''.

[[Page 3225]]

       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

    TITLE I--ADMINISTRATION AND MANAGEMENT OF CAPITOL VISITOR CENTER

                  Subtitle A--Description of Facility

Sec. 101. Description and purposes of Capitol Visitor Center.
Sec. 102. Oversight of committees.
Sec. 103. Special rule for certain spaces in the Capitol Visitor 
              Center.

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

Sec. 111. Establishment.
Sec. 112. Appointment and supervision of Chief Executive Officer for 
              Visitor Services.
Sec. 113. General duties of Chief Executive Officer.
Sec. 114. Acceptance of gifts and volunteer services.
Sec. 115. Special rules regarding certain administrative matters.

     TITLE II--RELATED SERVICES PROVIDED AT CAPITOL VISITOR CENTER

                 Subtitle A--Related Services Described

Sec. 201. Gift shop.
Sec. 202. Food service operations.
Sec. 203. Licenses and other agreements for operations or other 
              functions.

           Subtitle B--Capitol Visitor Center Revolving Fund

Sec. 211. Establishment; accounts.
Sec. 212. Deposits in the Fund.
Sec. 213. Use of monies.
Sec. 214. Administration of Fund.

             TITLE III--TREATMENT OF CAPITOL GUIDE SERVICE

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

Sec. 301. Transfer of Capitol Guide Service.
Sec. 302. Duties of employees of Capitol Guide Service.

       Subtitle B--Office of Congressional Accessibility Services

Sec. 311. Establishment of Office of Congressional Accessibility 
              Services.
Sec. 312. Director of Accessibility Services.
Sec. 313. Transfer from Capitol Guide Service.

            Subtitle C--Technical and Conforming Amendments

Sec. 321. Technical and conforming amendments.

                       Subtitle D--Transfer Date

Sec. 331. Transfer date.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Authorization of appropriations.

    TITLE I--ADMINISTRATION AND MANAGEMENT OF CAPITOL VISITOR CENTER

                  Subtitle A--Description of Facility

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

       (a) Treatment as Part of Capitol.--In this Act, the 
     ``Capitol Visitor Center'' is the facility authorized for 
     construction under the heading ``Capitol Visitor Center'' 
     under chapter 5 of title II of division B of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (Public Law 105-277; 112 Stat. 2681-569), and such 
     facility shall be considered to be part of the United States 
     Capitol for all provisions of law in accordance with this 
     Act.
       (b) Purposes of the Facility.--In accordance with the 
     provisions of this Act, the Capitol Visitor Center shall be 
     used to--
       (1) provide enhanced security for persons working in or 
     visiting the United States Capitol; and
       (2) improve the visitor experience by providing a structure 
     that will afford improved visitor orientation and enhance the 
     educational experience of those who have come to learn about 
     Congress and the Capitol.
       (c) Conforming Amendment Relating to Visitor Center Space 
     in the Capitol.--Section 301 of the National Visitor Center 
     Facilities Act of 1968 (2 U.S.C. 2165) is repealed.

     SEC. 102. OVERSIGHT OF COMMITTEES.

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

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

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

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

     SEC. 111. ESTABLISHMENT.

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

     SEC. 112. APPOINTMENT AND SUPERVISION OF CHIEF EXECUTIVE 
                   OFFICER FOR VISITOR SERVICES.

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

     SEC. 113. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER.

       (a) Administration of Facilities, Services, and 
     Activities.--
       (1) In general.--Except to the extent otherwise provided in 
     this Act, the Chief Executive Officer shall be responsible 
     for--
       (A) the operation, management, and budget preparation and 
     execution of the Capitol Visitor Center, including all long 
     term planning and day-today operational services and 
     activities provided within the Capitol Visitor Center; and
       (B) in accordance with subtitle A of title III, the 
     management of guided tours of the interior of the United 
     States Capitol.
       (2) Independent budget submission.--
       (A) In general.--The proposed budget for the Office for a 
     fiscal year shall be prepared by the Chief Executive Officer, 
     and shall be included without revision in the proposed budget 
     for the year for the Office of the Architect of the Capitol 
     (as submitted by the Architect of the Capitol to the 
     President).
       (B) Exclusion of costs of general maintenance and repair of 
     visitor center.--In preparing the proposed budget for the 
     Office under subparagraph (A), the Chief Executive Officer 
     shall exclude costs attributable to the activities and 
     services described in section 115(b) (relating to continuing 
     jurisdiction of the Architect of the Capitol for the care and 
     superintendence of the Capitol Visitor Center).
       (b) Personnel and Other Administrative Provisions.--
       (1) Personnel, disbursements, and contracts.--In carrying 
     out this Act, the Chief Executive Officer shall have the 
     authority--
       (A) to appoint, hire, and fix the compensation of such 
     personnel as may be necessary for operations of the Office, 
     except that no employee may be paid at an annual rate in 
     excess of the maximum rate payable for level 15 of the 
     General Schedule unless otherwise authorized by law;
       (B) to disburse funds as may be necessary and available for 
     the needs of the Office (consistent with the requirements of 
     section 213 in the case of amounts in the Capitol Visitor 
     Center Revolving Fund); and
       (C) to designate an employee of the Office to serve as 
     contracting officer for the Office, subject to subsection 
     (c).

[[Page 3226]]

       (2) Temporary assignment of personnel.--The Chief Executive 
     Officer shall temporarily assign personnel of the Office 
     based on a request from the Capitol Police Board to assist 
     the United States Capitol Police by providing ushering and 
     informational services, and other services not directly 
     involving law enforcement, in connection with--
       (A) the inauguration of the President and Vice President of 
     the United States;
       (B) the official reception of representatives of foreign 
     nations and other persons by the Senate or House of 
     Representatives; or
       (C) other special or ceremonial occasions in the United 
     States Capitol or on the United States Capitol Grounds that 
     require the presence of additional Government personnel.
       (3) Agreements with the office of the architect of the 
     capitol, with other legislative branch agencies, and with 
     offices of the senate and house of representatives.--Subject 
     to the approval of the supervising Committees, the Chief 
     Executive Officer may place orders and enter into agreements 
     with the Office of the Architect of the Capitol, with other 
     legislative branch agencies, and with any office or other 
     entity of the Senate or House of Representatives for 
     procuring goods and providing financial and administrative 
     services on behalf of the Office, or to otherwise assist the 
     Chief Executive Officer in the administration and management 
     of the Capitol Visitor Center.
       (c) Requiring Approval of Certain Contracts.--The Chief 
     Executive Officer may not enter into a contract for which the 
     amount involved exceeds $250,000 without the prior approval 
     of the supervising Committees.
       (d) Semiannual Reports.--The Chief Executive Officer shall 
     submit a report to the supervising Committees not later than 
     45 days following the close of each semiannual period ending 
     on June 30 or December 31 of each year on the financial and 
     operational status during the period of each function under 
     the jurisdiction of the Chief Executive Officer. Each such 
     report shall include financial statements and a description 
     or explanation of current operations, the implementation of 
     new policies and procedures, and future plans for each 
     function.

     SEC. 114. ACCEPTANCE OF GIFTS AND VOLUNTEER SERVICES.

       (a) Acceptance of Gifts.--
       (1) Authority to accept and use gifts.--The Chief Executive 
     Officer, with the approval of the supervising Committees, is 
     authorized to receive, accept, and hold unrestricted gifts of 
     money on behalf of the Capitol Visitor Center, and to use the 
     gifts for the benefit of the Capitol Visitor Center.
       (2) Acceptance of gifts of works of art and other related 
     objects by other legislative branch entities.--
       (A) In general.--In the case of a gift consisting of a work 
     of art, historical object, or exhibit for which the authority 
     to accept the gift for display in the Capitol is provided to 
     an entity referred to in subparagraph (B), the entity shall 
     have the authority to accept the gift for display in the 
     Capitol Visitor Center in accordance with the authority 
     provided under applicable law.
       (B) Entities described.--The entities referred to in this 
     subparagraph are as follows:
       (i) The Joint Committee on the Library under section 1831 
     of the Revised Statutes of the United States (2 U.S.C. 2133).
       (ii) The United States Capitol Preservation Commission 
     under section 801 of the Arizona-Idaho Conservation Act of 
     1988 (2 U.S.C. 2081).
       (iii) The House of Representatives Fine Arts Board under 
     section 1000 of the Arizona-Idaho Conservation Act of 1988 (2 
     U.S.C. 2121).
       (iv) The Senate Commission on Art under section 1 of Senate 
     Resolution 382, Ninetieth Congress, agreed to October 1, 1968 
     and enacted into law by section 901(a) of Public Law 100-690 
     (2 U.S.C. 2101).
       (3) Annual report on gifts accepted.--Each semiannual 
     report submitted under section 113(d) shall include a 
     description of each accepted by the Chief Executive Officer 
     under this subsection during the period covered by the 
     report.
       (b) Acceptance of Volunteer Services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Chief 
     Executive Officer may accept and use voluntary and 
     uncompensated services for the Capitol Visitor Center as the 
     Chief Executive Officer determines necessary. No person shall 
     be permitted to donate his or her personal services under 
     this section unless such person has first agreed, in writing, 
     to waive any and all claims against the United States arising 
     out of or connection with such services, other than a claim 
     under the provisions of chapter 81 of title 5, United States 
     Code. No person donating personal services under this section 
     shall be considered an employee of the United States for any 
     purpose other than for purposes of chapter 81 of such title. 
     In no case shall the acceptance of personal services under 
     this subsection result in the reduction of pay or 
     displacement of any employee of the Office.

     SEC. 115. SPECIAL RULES REGARDING CERTAIN ADMINISTRATIVE 
                   MATTERS.

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

     TITLE II--RELATED SERVICES PROVIDED AT CAPITOL VISITOR CENTER

                 Subtitle A--Related Services Described

     SEC. 201. GIFT SHOP.

       (a) Establishment.--In consultation with the supervising 
     Committees, the Chief Executive Officer shall establish a 
     gift shop within the Capitol Visitor Center for the purpose 
     of providing for the sale of gift items.
       (b) Exception to Prohibition of Sale or Solicitation on 
     Capitol Grounds.--Section 5104(c) of title 40, United States 
     Code, shall not apply to any activity carried out under this 
     subsection.

     SEC. 202. FOOD SERVICE OPERATIONS.

       (a) Restaurant, Catering, and Vending.--The Chief Executive 
     Officer is authorized to establish within the Capitol Visitor 
     Center a restaurant and other food service facilities, 
     including catering services and vending machines.
       (b) Use of Contract To Carry Out Food Service Operations.--
     The Chief Executive Officer shall carry out all food service 
     operations within the Capitol Visitor Center pursuant to a 
     contract entered into with a private vendor.
       (c) Exception to Prohibition of Sale or Solicitation on 
     Capitol Grounds.--Section 5104(c) of title 40, United States 
     Code, shall not apply to any activity carried out under this 
     subsection.

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

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

[[Page 3227]]



           Subtitle B--Capitol Visitor Center Revolving Fund

     SEC. 211. ESTABLISHMENT; ACCOUNTS.

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

     SEC. 212. DEPOSITS IN THE FUND.

       (a) Gift Shop Account.--There shall be deposited in the 
     Gift Shop Account all monies received from sales and other 
     services by the gift shop established under section 201, 
     together with any interest accrued on balances in the 
     Account.
       (b) Miscellaneous Receipts Account.--There shall be 
     deposited in the Miscellaneous Receipts Account each of the 
     following (together with any interest accrued on balances in 
     the Account):
       (1) Any gifts of money accepted under section 114(a).
       (2) Any net profits or commissions paid to the Capitol 
     Visitor Center under any contract for food service operations 
     entered into under section 202(b).
       (3) Any charges or fees collected from the operations or 
     other functions within the Capitol Visitor Center under 
     licenses or other arrangements entered into under section 
     203(a).
       (4) Any other receipts received from the operation of the 
     Capitol Visitor Center.

     SEC. 213. USE OF MONIES.

       (a) Gift Shop Account.--
       (1) In general.--All monies in the Gift Shop Account shall 
     be available without fiscal year limitation for obligation by 
     the Chief Executive Officer in connection with the operation 
     of the gift shops under section 201(a), including supplies, 
     inventories, equipment, and other expenses. In addition, such 
     monies may be used by the Chief Executive Officer to 
     reimburse any applicable appropriations account for amounts 
     used from such appropriations account to pay the salaries of 
     employees of the gift shops.
       (2) Obligation of funds remaining after use of funds for 
     gift shop.--To the extent monies in the Gift Shop Account are 
     available after disbursements and reimbursements are made 
     under subparagraph (A), the Chief Executive Officer may 
     obligate such monies for the operation of the Capitol Visitor 
     Center, after consultation with--
       (A) the supervising Committees; and
       (B) the Committees on Appropriations of the House of 
     Representatives and Senate.
       (b) Miscellaneous Receipts Account.--All monies in the 
     Miscellaneous Receipts Account shall be available without 
     fiscal year limitation for obligation by the Chief Executive 
     Officer for the operations of the Capitol Visitor Center, 
     after consultation with--
       (1) the supervising Committees; and
       (2) the Committees on Appropriations of the House of 
     Representatives and Senate.

     SEC. 214. ADMINISTRATION OF FUND.

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

             TITLE III--TREATMENT OF CAPITOL GUIDE SERVICE

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

     SEC. 301. TRANSFER OF CAPITOL GUIDE SERVICE.

       (a) Transfer of Authorities and Personnel to Office of the 
     Capitol Visitor Center.--Except as provided in subsection 
     (c), effective on the transfer date--
       (1) the contracts, liabilities, records, property, and 
     other assets and interests of the Capitol Guide Service, 
     established pursuant to section 441 of the Legislative 
     Reorganization Act of 1970 (2 U.S.C. 2166), and the employees 
     of the Capitol Guide Service, are transferred to the Office, 
     except that the transfer of any amounts appropriated to the 
     Capitol Guide Service that remain available as of the 
     transfer date shall occur only upon the approval of the 
     Committees on Appropriations of the House of Representatives 
     and Senate; and
       (2) the Capitol Guide Service shall be subject to the 
     direction, supervision, and control of the Chief Executive 
     Officer in accordance with this subtitle.
       (b) Treatment of Employees of Capitol Guide Service at Time 
     of Transfer.--
       (1) In general.--Any individual who is an employee of the 
     Capitol Guide Service on a permanent basis on the transfer 
     date who is transferred to the Office under subsection (a) 
     shall be subject to authority of the Chief Executive Officer 
     under section 302(b), except that the individual shall not be 
     reduced in grade, compensation, rate of leave, or other 
     benefits that apply with respect to the individual at the 
     time of transfer while such individual remains continuously 
     so employed as a Capitol Guide within the Office, other than 
     for cause.
       (2) Eligibility for immediate retirement on basis of 
     involuntary separation.--For purposes of section 8336(d) and 
     section 8414(b) of title 5, United States Code, an individual 
     described in paragraph (1) who is separated from service with 
     the Office shall be considered to have separated from the 
     service involuntarily if, at the time the individual is 
     separated from service--
       (A) the individual has completed 25 years of service under 
     such title; or
       (B) the individual has completed 20 years of service under 
     such title and is 50 years of age or older.
       (3) Continuation of participation in student loan repayment 
     program.--Notwithstanding any other provision of law, if an 
     individual described in paragraph (1) has a written service 
     agreement in effect under section 102 of the Legislative 
     Branch Appropriations Act, 2002 (2 U.S.C. 60c-5) at the time 
     the individual is transferred to the Office, the agreement 
     shall remain in effect in accordance with the terms and 
     conditions applicable to the agreement at the time the 
     individual is transferred (including the provisions of such 
     section permitting the individual to enter into additional 
     service agreements for successive 1-year periods of 
     employment), except that in applying such section to the 
     individual, the following shall apply:
       (A) The Office shall serve as the employing office, and the 
     Chief Executive Officer shall serve as the head of the 
     employing office.
       (B) The Architect of the Capitol shall carry out the 
     responsibilities of the Secretary of the Senate.
       (C) Any reference to the Committee on Rules and 
     Administration of the Senate and the Committee on 
     Appropriations of the Senate shall be treated as a reference 
     to the supervising Committees.
       (D) If the individual is required to make any reimbursement 
     under such section with respect to payments made after the 
     individual is transferred, the individual shall reimburse the 
     Office of the Architect of the Capitol.
       (4) Prohibiting imposition of probationary period.--The 
     Chief Executive Officer may not impose a period of probation 
     with respect to the transfer of any individual who is 
     transferred to the Office under subsection (a).
       (c) Exception for Congressional Special Services Office.--
     This section does not apply with respect to any employees, 
     contracts, liabilities, records, property, and other assets 
     and interests of the Congressional Special Services Office of 
     the Capitol Guide Service that are transferred to the Office 
     of Congressional Accessibility Services under subtitle B.

     SEC. 302. DUTIES OF EMPLOYEES OF CAPITOL GUIDE SERVICE.

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

[[Page 3228]]

     non-law enforcement security and special event related 
     support.
       (c) Provision of Accessible Tours in Coordination With 
     Office of Congressional Accessibility Services.--The Chief 
     Executive Officer shall coordinate the provision of 
     accessible tours for individuals with disabilities with the 
     Office of Congressional Accessibility Services established 
     under subtitle B.

       Subtitle B--Office of Congressional Accessibility Services

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

       (a) Establishment.--There is established in the legislative 
     branch the Office of Congressional Accessibility Services, to 
     be headed by the Director of Accessibility Services.
       (b) Supervision and Control.--The Office of Congressional 
     Accessibility Services shall be subject to the direction, 
     supervision, and control of the Capitol Police Board.
       (c) Mission and Functions.--
       (1) In general.--The Office of Congressional Accessibility 
     Services shall--
       (A) provide and coordinate accessibility services for 
     individuals with disabilities, including Members of Congress, 
     employees of the House of Representatives and the Senate, and 
     visitors, in the United States Capitol Complex; and
       (B) in consultation with the Office of House Employment 
     Counsel and the Senate Chief Counsel for Employment, provide 
     information regarding accessibility for individuals with 
     disabilities, as well as related training and staff 
     development, to Members of Congress and employees of the 
     House of Representatives and Senate.
       (2) Specific functions.--The Director of Accessibility 
     Services shall submit to the supervising Committees a list of 
     the specific functions that the Office of Congressional 
     Accessibility Services will perform in carrying out this 
     subtitle with the approval of the supervising committees. The 
     Director of Accessibility Services shall submit the list not 
     later than 30 days after the transfer date.
       (3) No effect on authority of employment counsels.--Nothing 
     in this subtitle shall be construed to limit any authority or 
     function of the Office of House Employment Counsel or the 
     Senate Chief Counsel for Employment that such Office or 
     Counsel carries out prior to the transfer date.
       (4) United states capitol complex defined.--In this 
     subsection, the term ``United States Capitol Complex'' means 
     the Capitol buildings (as defined in section 5101 of title 
     40, United States Code) and the United States Capitol Grounds 
     (as described in section 5102 of such title).
       (d) Conforming Amendment.--Section 310 of the Legislative 
     Branch Appropriations Act, 1990 (2 U.S.C. 130e) is repealed.

     SEC. 312. DIRECTOR OF ACCESSIBILITY SERVICES.

       (a) Appointment and Removal; Compensation.--
       (1) Appointment.--The Director of Accessibility Services 
     shall be appointed by the Capitol Police Board.
       (2) Removal.--The Director of Accessibility Services may be 
     removed by the Capitol Police Board, upon notification to the 
     supervising Committees.
       (3) Compensation.--The Director of Accessibility Services 
     shall be paid at an annual rate of pay determined by the 
     Capitol Police Board, except that such rate may not exceed 
     the maximum rate payable for level 15 of the General 
     Schedule.
       (4) Transition for current head of congressional special 
     services office of capitol guide service.--The individual 
     serving as the head of the Congressional Special Services 
     Office of the Capitol Guide Service as of the transfer date 
     shall be appointed by the Capitol Police Board as the first 
     Director of Accessibility Services under this subtitle.
       (b) Personnel and Other Administrative Functions.--
       (1) Personnel, disbursements, and contracts.--In carrying 
     out the functions of the Office of Congressional 
     Accessibility Services under section 311, the Director of 
     Accessibility Services shall have the authority--
       (A) to appoint, hire, and fix the compensation of such 
     personnel as may be necessary for operations of the Office of 
     Congressional Accessibility Services, except that no employee 
     may be paid at an annual rate in excess of the annual rate of 
     pay for the Director of Accessibility Services;
       (B) to disburse funds as may be necessary and available for 
     the needs of the Office of Congressional Accessibility 
     Services; and
       (C) to serve as contracting officer for the Office of 
     Congressional Accessibility Services.
       (2) Agreements with the office of the architect of the 
     capitol, with other legislative branch agencies, and with 
     offices of the senate and house of representatives.--Subject 
     to the approval of the supervising Committees, the Director 
     of Accessibility Services may place orders and enter into 
     agreements with the Office of the Architect of the Capitol, 
     with other legislative branch agencies, and with any office 
     or other entity of the Senate or House of Representatives for 
     procuring goods and providing financial and administrative 
     services on behalf of the Office of Accessibility Services, 
     or to otherwise assist the Director in the administration and 
     management of the Office of Accessibility Services.
       (c) Semiannual Reports.--The Director of Accessibility 
     Services shall submit a report to the supervising Committees 
     not later than 45 days following the close of each semiannual 
     period ending on June 30 or December 31 of each year on the 
     financial and operational status during the period of each 
     function under the jurisdiction of the Director. Each such 
     report shall include financial statements and a description 
     or explanation of current operations, the implementation of 
     new policies and procedures, and future plans for each 
     function.

     SEC. 313. TRANSFER FROM CAPITOL GUIDE SERVICE.

       (a) Transfer of Authorities and Personnel of Congressional 
     Special Services Office of Capitol Guide Service.--In 
     accordance with the provisions of this subtitle, effective on 
     the transfer date--
       (1) the contracts, liabilities, records, property, and 
     other assets and interests of the Congressional Special 
     Services Office of the Capitol Guide Service, and the 
     employees of such Office, are transferred to the Office of 
     Congressional Accessibility Services established under 
     section 311(a), except that the transfer of any amounts 
     appropriated to the Congressional Special Services Office 
     that remain available as of the transfer date shall occur 
     only upon the approval of the Committees on Appropriations of 
     the House of Representatives and Senate; and
       (2) the employees of such Office shall be subject to the 
     direction, supervision, and control of the Director of 
     Accessibility Services.
       (b) Treatment of Employees at Time of Transfer.--
       (1) In general.--Any individual who is an employee of the 
     Congressional Special Services Office of the Capitol Guide 
     Service on a permanent basis on the transfer date who is 
     transferred under subsection (a) shall be subject to 
     authority of the Director of Accessibility Services under 
     section 312, except that the individual shall not be reduced 
     in grade, compensation, rate of leave, or other benefits that 
     apply with respect to the individual at the time of transfer 
     while such individual remains continuously so employed within 
     the Office of Congressional Accessibility Services 
     established under section 311(a), other than for cause.
       (2) Eligibility for immediate retirement on basis of 
     involuntary separation.--For purposes of section 8336(d) and 
     section 8414(b) of title 5, United States Code, an individual 
     described in paragraph (1) who is separated from service with 
     the Office of Congressional Accessibility Services shall be 
     considered to have separated from the service involuntarily 
     if, at the time the individual is separated from service--
       (A) the individual has completed 25 years of service under 
     such title; or
       (B) the individual has completed 20 years of service under 
     such title and is 50 years of age or older.
       (3) Prohibiting imposition of probationary period.--The 
     Director of Accessibility Services may not impose a period of 
     probation with respect to the transfer of any individual who 
     is transferred to the Office of Congressional Accessibility 
     Services under subsection (a).

            Subtitle C--Technical and Conforming Amendments

     SEC. 321. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Existing Authority of Capitol Guide Service.--Section 
     441 of the Legislative Reorganization Act of 1970 (2 U.S.C. 
     2166) is repealed.
       (b) Coverage Under Congressional Accountability Act of 
     1995.--
       (1) Treatment of employees as covered employees.--Section 
     101(3)(C) of the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301(3)(C)) is amended to read as follows:
       ``(C) the Office of Congressional Accessibility 
     Services;''.
       (2) Treatment of office as employing office.--Section 
     101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is amended by 
     striking ``the Capitol Guide Board,'' and inserting ``the 
     Office of Congressional Accessibility Services,''.
       (3) Rights and protections relating to public services and 
     accommodations.--Section 210(a)(4) of such Act (2 U.S.C. 
     1331(a)(4)) is amended to read as follows:
       ``(4) the Office of Congressional Accessibility 
     Services;''.
       (4) Periodic inspections for occupational safety and health 
     compliance.--Section 215(e)(1) of such Act (2 U.S.C. 
     1341(e)(1)) is amended by striking ``the Capitol Guide 
     Service,'' and inserting ``the Office of Congressional 
     Accessibility Services,''.
       (c) Treatment as Congressional Employees for Retirement 
     Purposes.--Section 2107(9) of title 5, United States Code, is 
     amended to read as follows:
       ``(9) an employee of the Office of Congressional 
     Accessibility Services.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the transfer date.

                       Subtitle D--Transfer Date

     SEC. 331. TRANSFER DATE.

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

                      TITLE IV--GENERAL PROVISIONS

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

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

  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.

[[Page 3229]]

  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 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.

                          ____________________