[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5159 Enrolled Bill (ENR)]
H.R.5159
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To establish the Office of the Capitol Visitor Center within the Office
of the Architect of the Capitol, headed by the Chief Executive Officer
for Visitor Services, to provide for the effective management and
administration of the Capitol Visitor Center, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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facility; treatment of the Capitol Visitor Center.

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TITLE I

-CAPITOL VISITOR CENTER

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TITLE II

-OFFICE OF THE CAPITOL VISITOR CENTER

ACCESSIBILITY SERVICES
Subtitle A--Capitol Guide Service

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TITLE III

-CAPITOL VISITOR CENTER REVOLVING FUND

Subtitle B--Office of Congressional Accessibility Services

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TITLE IV

-CAPITOL GUIDE SERVICE AND OFFICE OF CONGRESSIONAL

Subtitle C--Transfer Date and Technical and Conforming Amendments

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

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(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.

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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.

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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'').

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

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

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

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(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.

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

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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.

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(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).

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

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(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.
ACCESSIBILITY SERVICES
Subtitle A--Capitol Guide Service

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

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

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

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

8a588198782b1af6f6ffe93132f19aa1b138c1aa7c4fce50307283bd6b86f5ff

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.

16b713452b343340b20af4ffdd3b649259cc51506be3a6ccd67c80e852956c0e

(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.

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(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.

498a6f25924182b688c29feb95b7418f39a73829b6bc8883511febbfd0e2c4d9

TITLE V

-MISCELLANEOUS PROVISIONS

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''.

8f35e0a223eadd2aadb38cabb054fed00246f9b8d6b2b7cb2cdd4f25dbfc269d

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.

608ffe1b7acd8bcd1ccf3156ebfa559e6671a7a2e0e93f0cd09ac4c1275ecf9c

(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).

904ffbf3149d840e16932a41a95f433da3f507883ae3e643f3b190c142b28af7

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

2cbe6551b19baf36a4865406ea1c0090cd246d324168be5eeccc00fa2b416baa

There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

3ed78a2f4b56478c43532d1199bc2c52b155eab90426bf47e84be69c379d23b5

Capitol Visitor Center Act of 2008 — HR. 5159

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE VI

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