[110th Congress Public Law 437]
[From the U.S. Government Printing Office]


[DOCID: f:publ437.110]

[[Page 122 STAT. 4983]]

Public Law 110-437
110th Congress

                                 An Act


 
To establish the Office of the Capitol Visitor Center within the Office 
 of the Architect of the Capitol, headed by the Chief Executive Officer 
   for Visitor Services, to provide for the effective management and 
      administration of the Capitol Visitor Center, and for other 
            purposes. <<NOTE: Oct. 20, 2008 -  [H.R. 5159]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Capitol Visitor 
Center Act of 2008.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 2 USC 2201 note.>> 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.

[[Page 122 STAT. 4984]]

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. <<NOTE: 2 USC 2201.>> 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.--

[[Page 122 STAT. 4985]]

            (1) In general.--The <<NOTE: Regulations.>> Committee on 
        Rules and Administration of the Senate and the Committee on 
        House Administration of the House of Representatives shall 
        jointly prescribe regulations for the assignment of the space in 
        the Capitol Visitor Center known as the Congressional Auditorium 
        and the related adjacent areas.
            (2) Related adjacent areas.--The regulations under paragraph 
        (1) shall include a designation of the areas that are related 
        adjacent areas to the Congressional Auditorium.

    (e) Visitor Center Space in the Capitol.--Section 301 of the 
National Visitor Center Facilities Act of 1968 (2 U.S.C. 2165) is 
repealed.
    (f) Exhibits for Displays.--
            (1) In general.--
                    (A) Loan agreements.--Subject to subparagraph (B), 
                the Architect of the Capitol may enter into loan 
                agreements to place historical objects for display in 
                the Exhibition Hall of the Capitol Visitor Center.
                    (B) Consultation and approval.--The Architect of the 
                Capitol may exercise the authority under subparagraph 
                (A) with respect to each loan agreement--
                          (i) after consultation with--
                                    (I) the Senate Commission on Art; 
                                and
                                    (II) the House of Representatives 
                                Fine Arts Board; and
                          (ii) subject to the approval of--
                                    (I) the Committee on Rules and 
                                Administration of the Senate; and
                                    (II) the Committee on House 
                                Administration of the House of 
                                Representatives.
                    (C) Effective date.--This paragraph shall take 
                effect on December 3, 2008.
            (2) Exhibition prohibition.--Section 1815 of the Revised 
        Statutes (2 U.S.C. 2134) is amended by inserting ``Emancipation 
        Hall of the Capitol Visitor Center,'' after ``Rotunda,''.
            (3) Exceptions to exhibition prohibition.--Section 1815 of 
        the Revised Statutes (2 U.S.C. 2134) shall not apply to any 
        historical object placed within an exhibit in the Exhibition 
        Hall of the Capitol Visitor Center that--
                    (A)(i) is directly related to the purpose of the 
                Capitol Visitor Center under subsection (b)(2);
                    (ii) is the subject of a loan agreement entered into 
                by the Architect of the Capitol before December 2, 2008; 
                and
                    (iii) has been approved by the Capitol Preservation 
                Commission; or
                    (B) is the subject of a loan agreement described 
                under paragraph (1)(A).
            (4) Substitution of historical object.--A loan agreement 
        described under paragraph (3)(A)(ii) may provide for the removal 
        of an historical object from exhibition for preservation 
        purposes and the substitution of that object with another 
        historical object having a comparable educational purpose.

[[Page 122 STAT. 4986]]

SEC. 102. <<NOTE: 2 USC 2202.>> 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. <<NOTE: 2 USC 2203.>> 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. <<NOTE: 2 USC 2211.>> 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. <<NOTE: 2 USC 2212.>> 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 <<NOTE: Notice.>> 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.

[[Page 122 STAT. 4987]]

        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. <<NOTE: 2 USC 2213.>> 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

[[Page 122 STAT. 4988]]

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. <<NOTE: 2 USC 2214.>> ASSISTANT TO THE CHIEF EXECUTIVE 
                        OFFICER.

    (a) In General.--The <<NOTE: Appointment.>> 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. <<NOTE: 2 USC 2215.>> 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. <<NOTE: 2 USC 2216.>> 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.

[[Page 122 STAT. 4989]]

    (b) Contract for Food Service Operations.--
            (1) In general.--The Architect of the Capitol, acting 
        through the Chief Executive Officer, may enter into a contract 
        for food service operations within the Capitol Visitor Center.
            (2) Existing contract unaffected.--Nothing in paragraph (1) 
        shall be construed to affect any contract for food service 
        operations within the Capitol Visitor Center in effect on the 
        date of enactment of this Act.

    (c) Deposits.--All net profits from the food service operations 
within the Capitol Visitor Center and all commissions received from the 
contractor for such food service operations shall be deposited in the 
Capitol Visitor Center Revolving Fund established under section 301.
    (d) Exception to Prohibition of Sale or Solicitation on Capitol 
Grounds.--Section 5104(c) of title 40, United States Code, shall not 
apply to any activity carried out under this section.

            TITLE III--CAPITOL VISITOR CENTER REVOLVING FUND

SEC. 301. <<NOTE: 2 USC 2231.>> 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. <<NOTE: 2 USC 2232.>> 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. <<NOTE: 2 USC 2233.>> 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

[[Page 122 STAT. 4990]]

        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. <<NOTE: 2 USC 2234.>> 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. <<NOTE: 2 USC 2241.>> 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

[[Page 122 STAT. 4991]]

        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. <<NOTE: 2 USC 2242.>> 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

[[Page 122 STAT. 4992]]

        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) <<NOTE: Regulations.>> with the approval of the 
        Committee on Rules and Administration of the Senate and the 
        Committee on House Administration of the House of 
        Representatives, prescribe such regulations as the Architect of 
        the Capitol considers necessary and appropriate for the 
        operation of the Capitol Guide Service, including regulations 
        with respect to tour routes and hours of operation, number of 
        visitors per guide, staff-led tours, and non-law enforcement 
        security and special event related support.

    (c) Provision of Accessible Tours in Coordination With Office of 
Congressional Accessibility Services.--The Chief Executive Officer shall 
coordinate the provision of accessible tours for individuals with 
disabilities with the Office of Congressional Accessibility Services 
established under subtitle B.
    (d) Detail of Personnel.--The Architect of the Capitol shall detail 
personnel of the Capitol Guide Service based on a request from the 
Capitol Police Board to assist the United States Capitol Police by 
providing ushering and informational services, and other services not 
directly involving law enforcement, in connection with--
            (1) the inauguration of the President and Vice President of 
        the United States;

[[Page 122 STAT. 4993]]

            (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. <<NOTE: 2 USC 2251.>> 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

[[Page 122 STAT. 4994]]

                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 <<NOTE: Notice.>> 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

[[Page 122 STAT. 4995]]

        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 <<NOTE: Lists.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 2 USC 2252.>> 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

[[Page 122 STAT. 4996]]

        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. <<NOTE: 2 USC 2261.>> TRANSFER DATE.

    In this title, the term ``transfer date'' means the date occurring 
on the first day of the first pay period (applicable to employees 
transferred under section 401) occurring on or after 30 days after the 
date of enactment of this Act.
SEC. 422. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Existing Authority of Capitol Guide Service.--Section 441 of the 
Legislative Reorganization Act of 1970 (2 U.S.C. 2166) is repealed.
    (b) Coverage Under Congressional Accountability Act of 1995.--
            (1) Treatment of employees as covered employees.--Section 
        101(3)(C) of the Congressional Accountability Act of 1995 (2 
        U.S.C. 1301(3)(C)) is amended to read as follows:
                    ``(C) the Office of Congressional Accessibility 
                Services;''.
            (2) Treatment of office as employing office.--Section 
        101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is amended by 
        striking ``the Capitol Guide Board,'' and inserting ``the Office 
        of Congressional Accessibility Services,''.
            (3) Rights and protections relating to public services and 
        accommodations.--Section 210(a)(4) of such Act (2 U.S.C. 
        1331(a)(4)) is amended to read as follows:
            ``(4) the Office of Congressional Accessibility Services;''.
            (4) Periodic inspections for occupational safety and health 
        compliance.--Section 215(e)(1) of such Act (2 U.S.C. 1341(e)(1)) 
        is amended by striking ``the Capitol Guide Service,'' and 
        inserting ``the Office of Congressional Accessibility 
        Services,''.

[[Page 122 STAT. 4997]]

    (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 <<NOTE: 2 USC 1301 note.>> Date.--The amendments made 
by this section shall take effect on the transfer date.

                    TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. <<NOTE: 2 USC 2271.>> 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. <<NOTE: 2 USC 2272.>> 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.

[[Page 122 STAT. 4998]]

SEC. 504. <<NOTE: 2 USC 2273.>> 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 <<NOTE: 2 USC 1831 note.>> 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.).

[[Page 122 STAT. 4999]]

                TITLE VI--AUTHORIZATION OF APPROPRIATIONS

SEC. 601. <<NOTE: 2 USC 2281.>> AUTHORIZATION OF APPROPRIATIONS.

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

    Approved October 20, 2008.

LEGISLATIVE HISTORY--H.R. 5159:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-535 (Comm. on House Administration).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Mar. 5, considered and passed House.
            Sept. 27, considered and passed Senate, amended.
            Oct. 2, House concurred in Senate amendment.

                                  <all>