[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5159 Placed on Calendar Senate (PCS)]
Calendar No. 611
110th CONGRESS
2d Session
H. R. 5159
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2008
Received and read the first time
March 7, 2008
Read the second time and placed on the calendar
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Capitol Visitor
Center Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADMINISTRATION AND MANAGEMENT OF CAPITOL VISITOR CENTER
Subtitle A--Description of Facility
Sec. 101. Description and purposes of Capitol Visitor Center.
Sec. 102. Oversight of committees.
Sec. 103. Special rule for certain spaces in the Capitol Visitor
Center.
Subtitle B--Office of the Capitol Visitor Center; Chief Executive
Officer for Visitor Services
Sec. 111. Establishment.
Sec. 112. Appointment and supervision of Chief Executive Officer for
Visitor Services.
Sec. 113. General duties of Chief Executive Officer.
Sec. 114. Acceptance of gifts and volunteer services.
Sec. 115. Special rules regarding certain administrative matters.
TITLE II--RELATED SERVICES PROVIDED AT CAPITOL VISITOR CENTER
Subtitle A--Related Services Described
Sec. 201. Gift shop.
Sec. 202. Food service operations.
Sec. 203. Licenses and other agreements for operations or other
functions.
Subtitle B--Capitol Visitor Center Revolving Fund
Sec. 211. Establishment; accounts.
Sec. 212. Deposits in the Fund.
Sec. 213. Use of monies.
Sec. 214. Administration of Fund.
TITLE III--TREATMENT OF CAPITOL GUIDE SERVICE
Subtitle A--Transfer to Office of the Capitol Visitor Center
Sec. 301. Transfer of Capitol Guide Service.
Sec. 302. Duties of employees of Capitol Guide Service.
Subtitle B--Office of Congressional Accessibility Services
Sec. 311. Establishment of Office of Congressional Accessibility
Services.
Sec. 312. Director of Accessibility Services.
Sec. 313. Transfer from Capitol Guide Service.
Subtitle C--Technical and Conforming Amendments
Sec. 321. Technical and conforming amendments.
Subtitle D--Transfer Date
Sec. 331. Transfer date.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Authorization of appropriations.
TITLE I--ADMINISTRATION AND MANAGEMENT OF CAPITOL VISITOR CENTER
Subtitle A--Description of Facility
SEC. 101. DESCRIPTION AND PURPOSES OF CAPITOL VISITOR CENTER.
(a) Treatment as Part of Capitol.--In this Act, the ``Capitol
Visitor Center'' is the facility authorized for construction under the
heading ``Capitol Visitor Center'' under chapter 5 of title II of
division B of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-569), and
such facility shall be considered to be part of the United States
Capitol for all provisions of law in accordance with this Act.
(b) Purposes of the Facility.--In accordance with the provisions of
this Act, the Capitol Visitor Center shall be used to--
(1) provide enhanced security for persons working in or
visiting the United States Capitol; and
(2) improve the visitor experience by providing a structure
that will afford improved visitor orientation and enhance the
educational experience of those who have come to learn about
Congress and the Capitol.
(c) Conforming Amendment Relating to Visitor Center Space in the
Capitol.--Section 301 of the National Visitor Center Facilities Act of
1968 (2 U.S.C. 2165) is repealed.
SEC. 102. OVERSIGHT OF COMMITTEES.
The Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of Representatives
(hereafter in this Act referred to as the ``supervising Committees'')
shall exercise policy review and oversight over the Capitol Visitor
Center.
SEC. 103. SPECIAL RULE FOR CERTAIN SPACES IN THE CAPITOL VISITOR
CENTER.
(a) Senate and House of Representatives Expansion Space.--
Notwithstanding any other provision of this Act, the Senate and House
of Representatives expansion space described as ``unassigned space''
under the heading ``Architect of the Capitol, Capitol Visitor Center''
in the Legislative Branch Appropriations Act, 2002 (Public Law 107-68;
115 Stat. 588)--
(1) shall not be treated as part of the Capitol Visitor
Center for purposes of this Act; and
(2) shall be treated for purposes of law (including rules
of the House of Representatives and Senate)--
(A) in the case of space assigned for the use of
the Senate, as part of the Senate wing of the Capitol
and subject to the authority and control of the
Committee on Rules and Administration of the Senate, or
(B) in the case of space assigned for the use of
the House, as part of the House of Representatives wing
of the Capitol and subject to the authority and control
of the Speaker.
(b) Treatment of Congressional Auditorium and Related Adjacent
Areas.--
(1) In general.--Notwithstanding any other provision of
this Act, the space in the Capitol Visitor Center known as the
Congressional Auditorium, together with each of the areas
referred to in paragraph (2), shall be assigned for
Congressional use by the Chief Executive Officer for Visitor
Services under guidelines established by the supervising
Committees.
(2) Areas described.--The areas referred to in this
paragraph are as follows, as identified and designated by the
Architect of the Capitol on October 1, 2007:
(A) The North Congressional Meeting Room (CVC268)
and the South Congressional Meeting Room (CVC217).
(B) The North Pre-function Area (CVC268CR) and the
South Pre-function Area (CVC217CR).
(C) Lobbies CVC215 and CVC212.
(D) The North Cloak Room (CVC210) and the South
Cloak Room (CVC208).
(E) The Projection Room (CVC209).
(F) The Green Room (CVC207).
(G) The TV Control Room (CVC105).
(H) Offices CVC101, CVC102, CVC103, CVC104, CVC106,
CVC204, and CVC205.
Subtitle B--Office of the Capitol Visitor Center; Chief Executive
Officer for Visitor Services
SEC. 111. ESTABLISHMENT.
There is established within the Office of the Architect of the
Capitol the Office of the Capitol Visitor Center (in this Act referred
to as the ``Office''), to be headed by the Chief Executive Officer for
Visitor Services (in this Act referred to as the ``Chief Executive
Officer'').
SEC. 112. APPOINTMENT AND SUPERVISION OF CHIEF EXECUTIVE OFFICER FOR
VISITOR SERVICES.
(a) Appointment.--The Chief Executive Officer shall be appointed by
the Architect of the Capitol.
(b) Supervision and Oversight.--The Chief Executive Officer shall
report directly to the Architect of the Capitol and shall be subject to
policy review and oversight by the supervising Committees.
(c) Removal.--Upon removal of the Chief Executive Officer, the
Architect of the Capitol shall immediately notify the supervising
Committees and the Committees on Appropriations of the House of
Representatives and Senate, stating the reasons for the removal.
(d) Compensation.--The Chief Executive Officer shall be paid at an
annual rate of pay equal to the annual rate of pay of the Deputy
Architect of the Capitol and Chief Operating Officer of the Office of
the Architect of the Capitol.
(e) Transition for Current Chief Executive Officer for Visitor
Services.--
(1) Appointment.--The individual who serves as the Chief
Executive Officer for Visitor Services under section 6701 of
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriation Act of 2007 (2 U.S.C. 1806)
as of the date of the enactment of this Act shall be the first
Chief Executive Officer for Visitor Services appointed by the
Architect under this section.
(2) Conforming amendment.--Section 6701 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriation Act of 2007 (2 U.S.C. 1806) is
repealed.
SEC. 113. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER.
(a) Administration of Facilities, Services, and Activities.--
(1) In general.--Except to the extent otherwise provided in
this Act, the Chief Executive Officer shall be responsible
for--
(A) the operation, management, and budget
preparation and execution of the Capitol Visitor
Center, including all long term planning and day-today
operational services and activities provided within the
Capitol Visitor Center; and
(B) in accordance with subtitle A of title III, the
management of guided tours of the interior of the
United States Capitol.
(2) Independent budget submission.--
(A) In general.--The proposed budget for the Office
for a fiscal year shall be prepared by the Chief
Executive Officer, and shall be included without
revision in the proposed budget for the year for the
Office of the Architect of the Capitol (as submitted by
the Architect of the Capitol to the President).
(B) Exclusion of costs of general maintenance and
repair of visitor center.--In preparing the proposed
budget for the Office under subparagraph (A), the Chief
Executive Officer shall exclude costs attributable to
the activities and services described in section 115(b)
(relating to continuing jurisdiction of the Architect
of the Capitol for the care and superintendence of the
Capitol Visitor Center).
(b) Personnel and Other Administrative Provisions.--
(1) Personnel, disbursements, and contracts.--In carrying
out this Act, the Chief Executive Officer shall have the
authority--
(A) to appoint, hire, and fix the compensation of
such personnel as may be necessary for operations of
the Office, except that no employee may be paid at an
annual rate in excess of the maximum rate payable for
level 15 of the General Schedule unless otherwise
authorized by law;
(B) to disburse funds as may be necessary and
available for the needs of the Office (consistent with
the requirements of section 213 in the case of amounts
in the Capitol Visitor Center Revolving Fund); and
(C) to designate an employee of the Office to serve
as contracting officer for the Office, subject to
subsection (c).
(2) Temporary assignment of personnel.--The Chief Executive
Officer shall temporarily assign personnel of the Office based
on a request from the Capitol Police Board to assist the United
States Capitol Police by providing ushering and informational
services, and other services not directly involving law
enforcement, in connection with--
(A) the inauguration of the President and Vice
President of the United States;
(B) the official reception of representatives of
foreign nations and other persons by the Senate or
House of Representatives; or
(C) other special or ceremonial occasions in the
United States Capitol or on the United States Capitol
Grounds that require the presence of additional
Government personnel.
(3) Agreements with the office of the architect of the
capitol, with other legislative branch agencies, and with
offices of the senate and house of representatives.--Subject to
the approval of the supervising Committees, the Chief Executive
Officer may place orders and enter into agreements with the
Office of the Architect of the Capitol, with other legislative
branch agencies, and with any office or other entity of the
Senate or House of Representatives for procuring goods and
providing financial and administrative services on behalf of
the Office, or to otherwise assist the Chief Executive Officer
in the administration and management of the Capitol Visitor
Center.
(c) Requiring Approval of Certain Contracts.--The Chief Executive
Officer may not enter into a contract for which the amount involved
exceeds $250,000 without the prior approval of the supervising
Committees.
(d) Semiannual Reports.--The Chief Executive Officer shall submit a
report to the supervising Committees not later than 45 days following
the close of each semiannual period ending on June 30 or December 31 of
each year on the financial and operational status during the period of
each function under the jurisdiction of the Chief Executive Officer.
Each such report shall include financial statements and a description
or explanation of current operations, the implementation of new
policies and procedures, and future plans for each function.
SEC. 114. ACCEPTANCE OF GIFTS AND VOLUNTEER SERVICES.
(a) Acceptance of Gifts.--
(1) Authority to accept and use gifts.--The Chief Executive
Officer, with the approval of the supervising Committees, is
authorized to receive, accept, and hold unrestricted gifts of
money on behalf of the Capitol Visitor Center, and to use the
gifts for the benefit of the Capitol Visitor Center.
(2) Acceptance of gifts of works of art and other related
objects by other legislative branch entities.--
(A) In general.--In the case of a gift consisting
of a work of art, historical object, or exhibit for
which the authority to accept the gift for display in
the Capitol is provided to an entity referred to in
subparagraph (B), the entity shall have the authority
to accept the gift for display in the Capitol Visitor
Center in accordance with the authority provided under
applicable law.
(B) Entities described.--The entities referred to
in this subparagraph are as follows:
(i) The Joint Committee on the Library
under section 1831 of the Revised Statutes of
the United States (2 U.S.C. 2133).
(ii) The United States Capitol Preservation
Commission under section 801 of the Arizona-
Idaho Conservation Act of 1988 (2 U.S.C. 2081).
(iii) The House of Representatives Fine
Arts Board under section 1000 of the Arizona-
Idaho Conservation Act of 1988 (2 U.S.C. 2121).
(iv) The Senate Commission on Art under
section 1 of Senate Resolution 382, Ninetieth
Congress, agreed to October 1, 1968 and enacted
into law by section 901(a) of Public Law 100-
690 (2 U.S.C. 2101).
(3) Annual report on gifts accepted.--Each semiannual
report submitted under section 113(d) shall include a
description of each accepted by the Chief Executive Officer
under this subsection during the period covered by the report.
(b) Acceptance of Volunteer Services.--Notwithstanding section 1342
of title 31, United States Code, the Chief Executive Officer may accept
and use voluntary and uncompensated services for the Capitol Visitor
Center as the Chief Executive Officer determines necessary. No person
shall be permitted to donate his or her personal services under this
section unless such person has first agreed, in writing, to waive any
and all claims against the United States arising out of or connection
with such services, other than a claim under the provisions of chapter
81 of title 5, United States Code. No person donating personal services
under this section shall be considered an employee of the United States
for any purpose other than for purposes of chapter 81 of such title. In
no case shall the acceptance of personal services under this subsection
result in the reduction of pay or displacement of any employee of the
Office.
SEC. 115. SPECIAL RULES REGARDING CERTAIN ADMINISTRATIVE MATTERS.
(a) Special Rules Regarding Security.--
(1) Security jurisdiction of law enforcement agencies
unaffected.--Nothing in this Act granting any authority to the
Chief Executive Officer shall be construed to affect the
exclusive jurisdiction of the United States Capitol Police, the
Capitol Police Board, the Sergeant at Arms and Doorkeeper of
the Senate, and the Sergeant at Arms of the House of
Representatives to provide security for the Capitol Visitor
Center.
(2) Attendance of chief executive officer at certain
meetings of capitol police board.--At the request of the
Capitol Police Board, the Chief Executive Officer shall attend
any portion of any meeting of the Capitol Police Board during
which the Board considers issues relating to the security of
the Capitol Visitor Center, including activities described in
paragraph (3), or other issues relating to services provided by
employees of the Office.
(3) Consultation with capitol police board on security
matters.--The Office shall consult with the Capitol Police
Board in carrying out any activity which affects the security
of the Capitol Visitor Center or any other part of the Capitol,
including activities relating to the hours of operation, tour
routes and the number of visitors per tour guide, and other
activities relating to the entry of members of the general
public into the Capitol and the movement of members of the
general public within the Capitol.
(4) Plan for background checks for employees.--The Chief
Executive Officer, in coordination with the Chief of the
Capitol Police, shall develop plans and procedures for
conducting criminal history background checks on employees of
the Office and individuals seeking employment with the Office
(including employees of the Capitol Guide Service who are
transferred to the Office under title III).
(b) Special Rules Regarding Care and Maintenance of Facilities.--
(1) Architect of the capitol jurisdiction unaffected.--
Nothing in this Act granting any authority to the Chief
Executive Officer (including section 114) shall be construed to
affect the exclusive jurisdiction of the Architect of the
Capitol for the care and superintendence of the Capitol Visitor
Center or any other part of the Capitol, and all maintenance
services, groundskeeping services, improvements, alterations,
additions, and repairs for the Capitol Visitor Center shall be
carried out pursuant to the direction and supervision of the
Architect subject to the oversight of Congress under applicable
law (including rules of the House of Representatives and
Senate).
(2) Budget submission.--The Architect of the Capitol shall
submit with the annual budget for the Office of the Architect
of the Capitol for a fiscal year a separate, detailed statement
of the costs anticipated to be incurred during the year for the
activities and services described in paragraph (1) which are
excluded from the annual budget for the Office which is
submitted by the Chief Executive Officer under section
113(a)(2).
(c) Special Rule Regarding Exhibits and Tours.--The Chief Executive
Officer shall consider comments and recommendations from the Clerk of
the House of Representatives and the Secretary of the Senate regarding
the content of exhibits contained in and tours operated out of the
Capitol Visitor Center.
TITLE II--RELATED SERVICES PROVIDED AT CAPITOL VISITOR CENTER
Subtitle A--Related Services Described
SEC. 201. GIFT SHOP.
(a) Establishment.--In consultation with the supervising
Committees, the Chief Executive Officer shall establish a gift shop
within the Capitol Visitor Center for the purpose of providing for the
sale of gift items.
(b) Exception to Prohibition of Sale or Solicitation on Capitol
Grounds.--Section 5104(c) of title 40, United States Code, shall not
apply to any activity carried out under this subsection.
SEC. 202. FOOD SERVICE OPERATIONS.
(a) Restaurant, Catering, and Vending.--The Chief Executive Officer
is authorized to establish within the Capitol Visitor Center a
restaurant and other food service facilities, including catering
services and vending machines.
(b) Use of Contract to Carry Out Food Service Operations.--The
Chief Executive Officer shall carry out all food service operations
within the Capitol Visitor Center pursuant to a contract entered into
with a private vendor.
(c) Exception to Prohibition of Sale or Solicitation on Capitol
Grounds.--Section 5104(c) of title 40, United States Code, shall not
apply to any activity carried out under this subsection.
SEC. 203. LICENSES AND OTHER AGREEMENTS FOR OPERATIONS OR OTHER
FUNCTIONS.
(a) Authority.--The Chief Executive Officer is authorized--
(1) subject to the approval of the supervising Committees,
to enter into licenses and other agreements to allow operations
or other functions to occur within the Capitol Visitor Center;
and
(2) to assess and collect charges or other fees as may be
appropriate under such licenses and agreements, including the
recoupment of costs associated with the operation or function
being held.
(b) Exception to Prohibition of Sale or Solicitation on Capitol
Grounds.--To the extent that a license or agreement entered into by the
Chief Executive Officer under this section permits any person to sell
or solicit the sale of goods or services within the Capitol Visitor
Center, section 5104(c) of title 40, United States Code, shall not
apply to the sale or solicitation of sales of such goods or services.
(c) Approval of Congress Required for Certain Events.--No event
intended for purposes other than those described in section 101(b)
shall be held in the central hall of the Capitol Visitor Center unless
authorized by a resolution agreed to by both houses of the Congress.
Subtitle B--Capitol Visitor Center Revolving Fund
SEC. 211. ESTABLISHMENT; ACCOUNTS.
There is established in the Treasury of the United States a
revolving fund to be known as the Capitol Visitor Center Revolving Fund
(in this section referred to as the ``Fund''), consisting of the
following individual accounts:
(1) The Gift Shop Account.
(2) The Miscellaneous Receipts Account.
SEC. 212. DEPOSITS IN THE FUND.
(a) Gift Shop Account.--There shall be deposited in the Gift Shop
Account all monies received from sales and other services by the gift
shop established under section 201, together with any interest accrued
on balances in the Account.
(b) Miscellaneous Receipts Account.--There shall be deposited in
the Miscellaneous Receipts Account each of the following (together with
any interest accrued on balances in the Account):
(1) Any gifts of money accepted under section 114(a).
(2) Any net profits or commissions paid to the Capitol
Visitor Center under any contract for food service operations
entered into under section 202(b).
(3) Any charges or fees collected from the operations or
other functions within the Capitol Visitor Center under
licenses or other arrangements entered into under section
203(a).
(4) Any other receipts received from the operation of the
Capitol Visitor Center.
SEC. 213. USE OF MONIES.
(a) Gift Shop Account.--
(1) In general.--All monies in the Gift Shop Account shall
be available without fiscal year limitation for obligation by
the Chief Executive Officer in connection with the operation of
the gift shops under section 201(a), including supplies,
inventories, equipment, and other expenses. In addition, such
monies may be used by the Chief Executive Officer to reimburse
any applicable appropriations account for amounts used from
such appropriations account to pay the salaries of employees of
the gift shops.
(2) Obligation of funds remaining after use of funds for
gift shop.--To the extent monies in the Gift Shop Account are
available after disbursements and reimbursements are made under
subparagraph (A), the Chief Executive Officer may obligate such
monies for the operation of the Capitol Visitor Center, after
consultation with--
(A) the supervising Committees; and
(B) the Committees on Appropriations of the House
of Representatives and Senate.
(b) Miscellaneous Receipts Account.--All monies in the
Miscellaneous Receipts Account shall be available without fiscal year
limitation for obligation by the Chief Executive Officer for the
operations of the Capitol Visitor Center, after consultation with--
(1) the supervising Committees; and
(2) the Committees on Appropriations of the House of
Representatives and Senate.
SEC. 214. ADMINISTRATION OF FUND.
(a) Obligations.--Obligations from the Fund may be made by the
Chief Executive Officer.
(b) Investment Authority.--The Secretary of the Treasury shall
invest any portion of the Fund that, as determined by the Chief
Executive Officer, is not required to meet current expenses. Each
investment shall be made in an interest-bearing obligation of the
United States or an obligation guaranteed both as to principal and
interest by the United States that, as determined by the Chief
Executive Officer, has a maturity date suitable for the purposes of the
Fund. The Secretary of the Treasury shall credit interest earned on the
obligations to the Fund.
(c) Audit.--The Fund shall be subject to audit by the Comptroller
General at the discretion of the Comptroller General.
TITLE III--TREATMENT OF CAPITOL GUIDE SERVICE
Subtitle A--Transfer to Office of the Capitol Visitor Center
SEC. 301. TRANSFER OF CAPITOL GUIDE SERVICE.
(a) Transfer of Authorities and Personnel to Office of the Capitol
Visitor Center.--Except as provided in subsection (c), effective on the
transfer date--
(1) the contracts, liabilities, records, property, and
other assets and interests of the Capitol Guide Service,
established pursuant to section 441 of the Legislative
Reorganization Act of 1970 (2 U.S.C. 2166), and the employees
of the Capitol Guide Service, are transferred to the Office,
except that the transfer of any amounts appropriated to the
Capitol Guide Service that remain available as of the transfer
date shall occur only upon the approval of the Committees on
Appropriations of the House of Representatives and Senate; and
(2) the Capitol Guide Service shall be subject to the
direction, supervision, and control of the Chief Executive
Officer in accordance with this subtitle.
(b) Treatment of Employees of Capitol Guide Service at Time of
Transfer.--
(1) In general.--Any individual who is an employee of the
Capitol Guide Service on a permanent basis on the transfer date
who is transferred to the Office under subsection (a) shall be
subject to authority of the Chief Executive Officer under
section 302(b), except that the individual shall not be reduced
in grade, compensation, rate of leave, or other benefits that
apply with respect to the individual at the time of transfer
while such individual remains continuously so employed as a
Capitol Guide within the Office, other than for cause.
(2) Eligibility for immediate retirement on basis of
involuntary separation.--For purposes of section 8336(d) and
section 8414(b) of title 5, United States Code, an individual
described in paragraph (1) who is separated from service with
the Office shall be considered to have separated from the
service involuntarily if, at the time the individual is
separated from service--
(A) the individual has completed 25 years of
service under such title; or
(B) the individual has completed 20 years of
service under such title and is 50 years of age or
older.
(3) Continuation of participation in student loan repayment
program.--Notwithstanding any other provision of law, if an
individual described in paragraph (1) has a written service
agreement in effect under section 102 of the Legislative Branch
Appropriations Act, 2002 (2 U.S.C. 60c-5) at the time the
individual is transferred to the Office, the agreement shall
remain in effect in accordance with the terms and conditions
applicable to the agreement at the time the individual is
transferred (including the provisions of such section
permitting the individual to enter into additional service
agreements for successive 1-year periods of employment), except
that in applying such section to the individual, the following
shall apply:
(A) The Office shall serve as the employing office,
and the Chief Executive Officer shall serve as the head
of the employing office.
(B) The Architect of the Capitol shall carry out
the responsibilities of the Secretary of the Senate.
(C) Any reference to the Committee on Rules and
Administration of the Senate and the Committee on
Appropriations of the Senate shall be treated as a
reference to the supervising Committees.
(D) If the individual is required to make any
reimbursement under such section with respect to
payments made after the individual is transferred, the
individual shall reimburse the Office of the Architect
of the Capitol.
(4) Prohibiting imposition of probationary period.--The
Chief Executive Officer may not impose a period of probation
with respect to the transfer of any individual who is
transferred to the Office under subsection (a).
(c) Exception for Congressional Special Services Office.--This
section does not apply with respect to any employees, contracts,
liabilities, records, property, and other assets and interests of the
Congressional Special Services Office of the Capitol Guide Service that
are transferred to the Office of Congressional Accessibility Services
under subtitle B.
SEC. 302. DUTIES OF EMPLOYEES OF CAPITOL GUIDE SERVICE.
(a) Provision of Guided Tours.--
(1) Tours.--In accordance with this section, the Capitol
Guide Service shall provide guided tours of the interior of the
United States Capitol without charge, including the Capitol
Visitor Center, for the education and enlightenment of the
general public.
(2) Acceptance of fees prohibited.--An employee of the
Capitol Guide Service shall not charge or accept any fee, or
accept any gratuity, for or on account of his official
services.
(3) Regulations of chief executive officer.--All such tours
shall be conducted in compliance with regulations approved by
the Chief Executive Officer.
(b) Authority of Chief Executive Officer.--In providing for the
direction, supervision, and control of the Capitol Guide Service, the
Chief Executive Officer is authorized--
(1) subject to the availability of appropriations, to
establish and revise such number of positions of Guide in the
Capitol Guide Service as the Chief Executive Officer considers
necessary to carry out effectively the activities of the
Capitol Guide Service;
(2) to appoint, on a permanent basis without regard to
political affiliation and solely on the basis of fitness to
perform their duties, a Chief Guide and such deputies as the
Chief Executive Officer considers appropriate for the effective
administration of the Capitol Guide Service and, in addition,
such number of Guides as may be authorized;
(3) with the approval of the supervising Committees, with
respect to the individuals appointed pursuant to paragraph
(2)--
(A) to prescribe the individual's duties and
responsibilities,
(B) to fix, and adjust from time to time,
respective rates of pay at single per annum (gross)
rates, and
(C) to take appropriate disciplinary action,
including, when circumstances warrant, suspension from
duty without pay, reduction in pay, demotion, or
termination of employment with the Capitol Guide
Service, against any employee who violates any
provision of this section or any regulation prescribed
by the Chief Executive Officer pursuant to paragraph
(7);
(4) to prescribe a uniform dress, including appropriate
insignia, which shall be worn by personnel of the Capitol Guide
Service;
(5) from time to time and as may be necessary, to procure
and furnish such uniforms to such personnel without charge to
such personnel;
(6) to receive and consider advice and information from any
private historical or educational organization, association, or
society with respect to those operations of the Capitol Guide
Service which involve the furnishing of historical and
educational information to the general public; and
(7) with the approval of the supervising Committees, to
prescribe such regulations as the Chief Executive Officer
considers necessary and appropriate for the operation of the
Capitol Guide Service, including regulations with respect to
tour routes and hours of operation, number of visitors per
guide, staff-led tours, and non-law enforcement security and
special event related support.
(c) Provision of Accessible Tours in Coordination With Office of
Congressional Accessibility Services.--The Chief Executive Officer
shall coordinate the provision of accessible tours for individuals with
disabilities with the Office of Congressional Accessibility Services
established under subtitle B.
Subtitle B--Office of Congressional Accessibility Services
SEC. 311. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL ACCESSIBILITY
SERVICES.
(a) Establishment.--There is established in the legislative branch
the Office of Congressional Accessibility Services, to be headed by the
Director of Accessibility Services.
(b) Supervision and Control.--The Office of Congressional
Accessibility Services shall be subject to the direction, supervision,
and control of the Capitol Police Board.
(c) Mission and Functions.--
(1) In general.--The Office of Congressional Accessibility
Services shall--
(A) provide and coordinate accessibility services
for individuals with disabilities, including Members of
Congress, employees of the House of Representatives and
the Senate, and visitors, in the United States Capitol
Complex; and
(B) in consultation with the Office of House
Employment Counsel and the Senate Chief Counsel for
Employment, provide information regarding accessibility
for individuals with disabilities, as well as related
training and staff development, to Members of Congress
and employees of the House of Representatives and
Senate.
(2) Specific functions.--The Director of Accessibility
Services shall submit to the supervising Committees a list of
the specific functions that the Office of Congressional
Accessibility Services will perform in carrying out this
subtitle with the approval of the supervising committees. The
Director of Accessibility Services shall submit the list not
later than 30 days after the transfer date.
(3) No effect on authority of employment counsels.--Nothing
in this subtitle shall be construed to limit any authority or
function of the Office of House Employment Counsel or the
Senate Chief Counsel for Employment that such Office or Counsel
carries out prior to the transfer date.
(4) United states capitol complex defined.--In this
subsection, the term ``United States Capitol Complex'' means
the Capitol buildings (as defined in section 5101 of title 40,
United States Code) and the United States Capitol Grounds (as
described in section 5102 of such title).
(d) Conforming Amendment.--Section 310 of the Legislative Branch
Appropriations Act, 1990 (2 U.S.C. 130e) is repealed.
SEC. 312. DIRECTOR OF ACCESSIBILITY SERVICES.
(a) Appointment and Removal; Compensation.--
(1) Appointment.--The Director of Accessibility Services
shall be appointed by the Capitol Police Board.
(2) Removal.--The Director of Accessibility Services may be
removed by the Capitol Police Board, upon notification to the
supervising Committees.
(3) Compensation.--The Director of Accessibility Services
shall be paid at an annual rate of pay determined by the
Capitol Police Board, except that such rate may not exceed the
maximum rate payable for level 15 of the General Schedule.
(4) Transition for current head of congressional special
services office of capitol guide service.--The individual
serving as the head of the Congressional Special Services
Office of the Capitol Guide Service as of the transfer date
shall be appointed by the Capitol Police Board as the first
Director of Accessibility Services under this subtitle.
(b) Personnel and Other Administrative Functions.--
(1) Personnel, disbursements, and contracts.--In carrying
out the functions of the Office of Congressional Accessibility
Services under section 311, the Director of Accessibility
Services shall have the authority--
(A) to appoint, hire, and fix the compensation of
such personnel as may be necessary for operations of
the Office of Congressional Accessibility Services,
except that no employee may be paid at an annual rate
in excess of the annual rate of pay for the Director of
Accessibility Services;
(B) to disburse funds as may be necessary and
available for the needs of the Office of Congressional
Accessibility Services; and
(C) to serve as contracting officer for the Office
of Congressional Accessibility Services.
(2) Agreements with the office of the architect of the
capitol, with other legislative branch agencies, and with
offices of the senate and house of representatives.--Subject to
the approval of the supervising Committees, the Director of
Accessibility Services may place orders and enter into
agreements with the Office of the Architect of the Capitol,
with other legislative branch agencies, and with any office or
other entity of the Senate or House of Representatives for
procuring goods and providing financial and administrative
services on behalf of the Office of Accessibility Services, or
to otherwise assist the Director in the administration and
management of the Office of Accessibility Services.
(c) Semiannual Reports.--The Director of Accessibility Services
shall submit a report to the supervising Committees not later than 45
days following the close of each semiannual period ending on June 30 or
December 31 of each year on the financial and operational status during
the period of each function under the jurisdiction of the Director.
Each such report shall include financial statements and a description
or explanation of current operations, the implementation of new
policies and procedures, and future plans for each function.
SEC. 313. TRANSFER FROM CAPITOL GUIDE SERVICE.
(a) Transfer of Authorities and Personnel of Congressional Special
Services Office of Capitol Guide Service.--In accordance with the
provisions of this subtitle, effective on the transfer date--
(1) the contracts, liabilities, records, property, and
other assets and interests of the Congressional Special
Services Office of the Capitol Guide Service, and the employees
of such Office, are transferred to the Office of Congressional
Accessibility Services established under section 311(a), except
that the transfer of any amounts appropriated to the
Congressional Special Services Office that remain available as
of the transfer date shall occur only upon the approval of the
Committees on Appropriations of the House of Representatives
and Senate; and
(2) the employees of such Office shall be subject to the
direction, supervision, and control of the Director of
Accessibility Services.
(b) Treatment of Employees at Time of Transfer.--
(1) In general.--Any individual who is an employee of the
Congressional Special Services Office of the Capitol Guide
Service on a permanent basis on the transfer date who is
transferred under subsection (a) shall be subject to authority
of the Director of Accessibility Services under section 312,
except that the individual shall not be reduced in grade,
compensation, rate of leave, or other benefits that apply with
respect to the individual at the time of transfer while such
individual remains continuously so employed within the Office
of Congressional Accessibility Services established under
section 311(a), other than for cause.
(2) Eligibility for immediate retirement on basis of
involuntary separation.--For purposes of section 8336(d) and
section 8414(b) of title 5, United States Code, an individual
described in paragraph (1) who is separated from service with
the Office of Congressional Accessibility Services shall be
considered to have separated from the service involuntarily if,
at the time the individual is separated from service--
(A) the individual has completed 25 years of
service under such title; or
(B) the individual has completed 20 years of
service under such title and is 50 years of age or
older.
(3) Prohibiting imposition of probationary period.--The
Director of Accessibility Services may not impose a period of
probation with respect to the transfer of any individual who is
transferred to the Office of Congressional Accessibility
Services under subsection (a).
Subtitle C--Technical and Conforming Amendments
SEC. 321. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Existing Authority of Capitol Guide Service.--Section 441 of
the Legislative Reorganization Act of 1970 (2 U.S.C. 2166) is repealed.
(b) Coverage Under Congressional Accountability Act of 1995.--
(1) Treatment of employees as covered employees.--Section
101(3)(C) of the Congressional Accountability Act of 1995 (2
U.S.C. 1301(3)(C)) is amended to read as follows:
``(C) the Office of Congressional Accessibility
Services;''.
(2) Treatment of office as employing office.--Section
101(9)(D) of such Act (2 U.S.C. 1301(9)(D)) is amended by
striking ``the Capitol Guide Board,'' and inserting ``the
Office of Congressional Accessibility Services,''.
(3) Rights and protections relating to public services and
accommodations.--Section 210(a)(4) of such Act (2 U.S.C.
1331(a)(4)) is amended to read as follows:
``(4) the Office of Congressional Accessibility
Services;''.
(4) Periodic inspections for occupational safety and health
compliance.--Section 215(e)(1) of such Act (2 U.S.C.
1341(e)(1)) is amended by striking ``the Capitol Guide
Service,'' and inserting ``the Office of Congressional
Accessibility Services,''.
(c) Treatment as Congressional Employees for Retirement Purposes.--
Section 2107(9) of title 5, United States Code, is amended to read as
follows:
``(9) an employee of the Office of Congressional
Accessibility Services.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the transfer date.
Subtitle D--Transfer Date
SEC. 331. TRANSFER DATE.
In this title, the ``transfer date'' means the date on which the
Chief Executive Officer, in consultation with the Architect of the
Capitol, certifies that a certificate of occupancy for the Capitol
Visitor Center has been issued by the appropriate authorities.
TITLE IV--GENERAL PROVISIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the House of Representatives March 5, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 611
110th CONGRESS
2d Session
H. R. 5159
_______________________________________________________________________
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.
_______________________________________________________________________
March 7, 2008
Read the second time and placed on the calendar