PUBLIC LAW 110–437—OCT. 20, 2008 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. 

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 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. 

2 USC 2201 

note. 

Capitol Visitor 

Center Act of 

2008. 

Oct. 20, 2008 

[H.R. 5159] 


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122 STAT. 4984 PUBLIC LAW 110–437—OCT. 20, 2008 

Sec. 502. Student loan repayment authority. 

Sec. 503. Acceptance of volunteer services. 

Sec. 504. Coins treated as gifts. 

Sec. 505. Flexible work schedule pilot program. 

TITLE VI—AUTHORIZATION OF APPROPRIATIONS 

Sec. 601. Authorization of appropriations. 

TITLE I—CAPITOL VISITOR CENTER 

SEC. 101. DESIGNATION OF FACILITY AS CAPITOL VISITOR CENTER; 

PURPOSES OF FACILITY; TREATMENT OF THE CAPITOL 

VISITOR CENTER. 

(a) DESIGNATION.—The facility authorized for construction 

under the heading ‘‘CAPITOL VISITOR CENTER’’ under chapter 5 of 

title II of division B of the Omnibus Consolidated and Emergency 

Supplemental Appropriations Act, 1999 (Public Law 105–277; 112 

Stat. 2681–569) is designated as the Capitol Visitor Center and 

is a part of the Capitol. 

(b) PURPOSES OF THE FACILITY.—The Capitol Visitor Center 

shall be used— 

(1) to provide enhanced security for persons working in 

or visiting the United States Capitol; 

(2) to improve the visitor experience by providing a structure that will afford improved visitor orientation and enhance 

the educational experience of those who have come to learn 

about the Congress and the Capitol; and 

(3) for other purposes as determined by Congress or the 

Committee on Rules and Administration of the Senate and 

the Committee on House Administration of the House of Representatives. 

(c) TREATMENT OF THE CAPITOL VISITOR CENTER.— 

(1) OVERSIGHT.—The Committee on Rules and Administration of the Senate and the Committee on House Administration 

of the House of Representatives shall have oversight of the 

Capitol Visitor Center. 

(2) TREATMENT OF EXPANSION SPACE OF THE SENATE AND

HOUSE OF REPRESENTATIVES IN THE CAPITOL VISITOR CENTER.— 

(A) SENATE.—The expansion space of the Senate 

described as unassigned space under the heading ‘‘CAPITOL

VISITOR CENTER’’ under the heading ‘‘ARCHITECT OF THE 

CAPITOL’’ under title II of the Act entitled ‘‘An Act making 

appropriations for the Legislative Branch for the fiscal 

year ending September 30, 2002, and for other purposes’’, 

approved November 12, 2001 (Public Law 107–68; 115 Stat. 

588) shall be part of the Senate wing of the Capitol. 

(B) HOUSE OF REPRESENTATIVES.—The expansion space 

of the House of Representatives described as unassigned 

space under the heading ‘‘CAPITOL VISITOR CENTER’’ under 

the heading ‘‘ARCHITECT OF THE CAPITOL’’ under title 

II of the Act entitled ‘‘An Act making appropriations for 

the Legislative Branch for the fiscal year ending September 

30, 2002, and for other purposes’’, approved November 12, 

2001 (Public Law 107–68; 115 Stat. 588) shall be part 

of the House of Representatives wing of the Capitol. 

(d) TREATMENT OF CONGRESSIONAL AUDITORIUM AND RELATED

ADJACENT AREAS.— 

2 USC 2201. 


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PUBLIC LAW 110–437—OCT. 20, 2008 122 STAT. 4985 

(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. 

Regulations. 


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122 STAT. 4986 PUBLIC LAW 110–437—OCT. 20, 2008 

SEC. 102. DESIGNATION AND NAMING WITHIN THE CAPITOL VISITOR 

CENTER. 

(a) IN GENERAL.—Except as provided under subsection (b), no 

part of the Capitol Visitor Center may be designated or named 

without the approval of— 

(1) not less than 3⁄4 of all members on the Capitol Preservation Commission who are members of the Democratic party; 

and 

(2) not less than 3⁄4 of all members on the Capitol Preservation Commission who are members of the Republican party. 

(b) EXCEPTION.—Subsection (a) shall not apply to any room 

or space under the jurisdiction of the Senate or the House of 

Representatives. 

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

CENTER. 

The Emancipation Hall of the Capitol Visitor Center may not 

be used for any event, except upon the passage of a resolution 

agreed to by both houses of Congress authorizing the use of the 

Emancipation Hall for that event. 

TITLE II—OFFICE OF THE CAPITOL 

VISITOR CENTER 

SEC. 201. ESTABLISHMENT. 

There is established within the Office of the Architect of the 

Capitol the Office of the Capitol Visitor Center (in this Act referred 

to as the ‘‘Office’’), to be headed by the Chief Executive Officer 

for Visitor Services (in this Act referred to as the ‘‘Chief Executive 

Officer’’). 

SEC. 202. APPOINTMENT AND SUPERVISION OF CHIEF EXECUTIVE 

OFFICER FOR VISITOR SERVICES. 

(a) APPOINTMENT.—The Chief Executive Officer shall be 

appointed by the Architect of the Capitol. 

(b) SUPERVISION AND OVERSIGHT.—The Chief Executive Officer 

shall report directly to the Architect of the Capitol and shall be 

subject to oversight by the Committee on Rules and Administration 

of the Senate and the Committee on House Administration of the 

House of Representatives. 

(c) REMOVAL.—Upon removal of the Chief Executive Officer, 

the Architect of the Capitol shall immediately provide notice of 

the removal to the Committee on Rules and Administration of 

the Senate, the Committee on House Administration of the House 

of Representatives, and the Committees on Appropriations of the 

House of Representatives and Senate. The notice shall include 

the reasons for the removal. 

(d) COMPENSATION.—The Chief Executive Officer shall be paid 

at an annual rate of pay equal to the annual rate of pay of the 

Deputy Architect of the Capitol. 

(e) TRANSITION FOR CURRENT CHIEF EXECUTIVE OFFICER FOR

VISITOR SERVICES.— 

(1) APPOINTMENT.—The individual who serves as the Chief 

Executive Officer for Visitor Services under section 6701 of 

the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 

and Iraq Accountability Appropriation Act of 2007 (2 U.S.C. 

Notice. 

2 USC 2212. 

2 USC 2211. 

2 USC 2203. 

2 USC 2202. 


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PUBLIC LAW 110–437—OCT. 20, 2008 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. 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 

2 USC 2213. 


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122 STAT. 4988 PUBLIC LAW 110–437—OCT. 20, 2008 

involved exceeds $250,000 without the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives. 

(d) SEMIANNUAL REPORTS.—The Chief Executive Officer shall 

submit a report to the Committee on Rules and Administration 

of the Senate and the Committee on House Administration of the 

House of Representatives not later than 45 days following the 

close of each semiannual period ending on March 31 or September 

30 of each year on the financial and operational status during 

the period of each function under the jurisdiction of the Chief 

Executive Officer. Each such report shall include financial statements and a description or explanation of current operations, the 

implementation of new policies and procedures, and future plans 

for each function. 

SEC. 204. ASSISTANT TO THE CHIEF EXECUTIVE OFFICER. 

(a) IN GENERAL.—The Architect of the Capitol shall— 

(1) upon recommendation of the Chief Executive Officer, 

appoint an assistant who shall perform the responsibilities 

of the Chief Executive Officer during the absence or disability 

of the Chief Executive Officer, or during a vacancy in the 

position of the Chief Executive Officer; and 

(2) notwithstanding section 203(b)(1), fix the rate of basic 

pay for the position of the assistant appointed under subparagraph (A) at a rate not to exceed the highest total rate of 

pay for the Senior Executive Service under subchapter VIII 

of chapter 53 of title 5, United States Code, for the locality 

involved. 

(b) TRANSITION FOR CURRENT ASSISTANT CHIEF EXECUTIVE

OFFICER.— 

(1) APPOINTMENT.—The individual who serves as the assistant under section 1309 of the Legislative Branch Appropriations 

Act, 2008 (2 U.S.C. 1807) as of the date of the enactment 

of this Act shall be the first Assistant Chief Executive Officer 

for Visitor Services appointed by the Architect under this section. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—Section 

1309 of the Legislative Branch Appropriations Act, 2008 (2 

U.S.C. 1807) is repealed. 

SEC. 205. GIFT SHOP. 

(a) ESTABLISHMENT.—The Architect of the Capitol, acting 

through the Chief Executive Officer, shall establish a Capitol Visitor 

Center Gift Shop within the Capitol Visitor Center for the purpose 

of providing for the sale of gift items. All moneys received from 

sales and other services by the Capitol Visitor Center Gift Shop 

shall be deposited in the Capitol Visitor Center Revolving Fund 

established under section 301 and shall be available for purposes 

of this section. 

(b) EXCEPTION TO PROHIBITION OF SALE OR SOLICITATION ON

CAPITOL GROUNDS.—Section 5104(c) of title 40, United States Code, 

shall not apply to any activity carried out under this section. 

SEC. 206. FOOD SERVICE OPERATIONS. 

(a) RESTAURANT, CATERING, AND VENDING.—The Architect of 

the Capitol, acting through the Chief Executive Officer, shall establish within the Capitol Visitor Center a restaurant and other food 

service facilities, including catering services and vending machines. 

2 USC 2216. 

2 USC 2215. 

Appointment. 

2 USC 2214. 


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(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. ESTABLISHMENT AND ACCOUNTS. 

There is established in the Treasury of the United States a 

revolving fund to be known as the Capitol Visitor Center Revolving 

Fund (in this section referred to as the ‘‘Fund’’), consisting of 

the following individual accounts: 

(1) The Gift Shop Account. 

(2) The Miscellaneous Receipts Account. 

SEC. 302. DEPOSITS IN THE FUND. 

(a) GIFT SHOP ACCOUNT.—There shall be deposited in the Gift 

Shop Account all monies received from sales and other services 

by the gift shop established under section 205, together with any 

interest accrued on balances in the Account. 

(b) MISCELLANEOUS RECEIPTS ACCOUNT.—There shall be deposited in the Miscellaneous Receipts Account each of the following 

(together with any interest accrued on balances in the Account): 

(1) Any amounts deposited under section 206(c). 

(2) Any other receipts received from the operation of the 

Capitol Visitor Center. 

(3) Any amounts described under section 504(d). 

SEC. 303. USE OF MONIES. 

(a) GIFT SHOP ACCOUNT.— 

(1) IN GENERAL.—All monies in the Gift Shop Account 

shall be available without fiscal year limitation for disbursement by the Architect of the Capitol, upon recommendation 

of the Chief Executive Officer, in connection with the operation 

of the gift shop under section 205, including supplies, inventories, equipment, and other expenses. In addition, such monies 

may be used by the Architect of the Capitol, upon recommendation of the Chief Executive Officer, to reimburse any applicable 

appropriations account for amounts used from such appropriations account to pay the salaries of employees of the gift shops. 

(2) USE OF REMAINING FUNDS.—To the extent monies in 

the Gift Shop Account are available after disbursements and 

reimbursements are made under paragraph (1), the Architect 

2 USC 2233. 

2 USC 2232. 

2 USC 2231. 


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122 STAT. 4990 PUBLIC LAW 110–437—OCT. 20, 2008 

of the Capitol, upon recommendation of the Chief Executive 

Officer, may disburse such monies for the operation of the 

Capitol Visitor Center, after consultation with— 

(A) the Committee on Rules and Administration of 

the Senate and the Committee on House Administration 

of the House of Representatives; and 

(B) the Committees on Appropriations of the House 

of Representatives and Senate. 

(b) MISCELLANEOUS RECEIPTS ACCOUNT.—All monies in the 

Miscellaneous Receipts Account shall be available without fiscal 

year limitation for disbursement by the Architect of the Capitol, 

upon recommendation of the Chief Executive Officer, for the operations of the Capitol Visitor Center, after consultation with— 

(1) the Committee on Rules and Administration of the 

Senate and the Committee on House Administration of the 

House of Representatives; and 

(2) the Committees on Appropriations of the House of Representatives and Senate. 

SEC. 304. ADMINISTRATION OF FUND. 

(a) DISBURSEMENTS.—Disbursements from the Fund may be 

made by the Architect of the Capitol, upon recommendation of 

the Chief Executive Officer. 

(b) INVESTMENT AUTHORITY.—The Secretary of the Treasury 

shall invest any portion of the Fund that, as determined by the 

Architect of the Capitol, upon recommendation of the Chief Executive Officer, is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United 

States or an obligation guaranteed both as to principal and interest 

by the United States that, as determined by the Architect of the 

Capitol, upon recommendation of the Chief Executive Officer, has 

a maturity date suitable for the purposes of the Fund. The Secretary 

of the Treasury shall credit interest earned on the obligations 

to the Fund. 

(c) AUDIT.—The Fund shall be subject to audit by the Comptroller General at the discretion of the Comptroller General. 

TITLE IV—CAPITOL GUIDE SERVICE 

AND OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES 

Subtitle A—Capitol Guide Service 

SEC. 401. TRANSFER OF CAPITOL GUIDE SERVICE. 

(a) TRANSFER OF AUTHORITIES AND PERSONNEL TO OFFICE OF

THE CAPITOL VISITOR CENTER.—In accordance with the provisions 

of this title, effective on the transfer date— 

(1) the Capitol Guide Service shall be an office within 

the Office; 

(2) the contracts, liabilities, records, property, appropriations, and other assets and interests of the Capitol Guide 

Service, established under section 441 of the Legislative Reorganization Act of 1970 (2 U.S.C. 2166), and the employees of 

the Capitol Guide Service, are transferred to the Office, except 

that the transfer of any amounts appropriated to the Capitol 

2 USC 2241. 

2 USC 2234. 


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Guide Service that remain available as of the transfer date 

shall occur only upon the approval of the Committees on Appropriations of the House of Representatives and Senate; and 

(3) the Capitol Guide Service shall be subject to the direction of the Architect of the Capitol, upon recommendation of 

the Chief Executive Officer, in accordance with this subtitle. 

(b) TREATMENT OF EMPLOYEES OF CAPITOL GUIDE SERVICE AT

TIME OF TRANSFER.— (1) IN GENERAL.—Any individual who is an employee of 

the Capitol Guide Service on a non-temporary basis on the 

transfer date who is transferred to the Office under subsection 

(a) shall be subject to the authority of the Architect of the 

Capitol under section 402(b), except that the individual’s grade, 

compensation, rate of leave, or other benefits that apply with 

respect to the individual at the time of transfer shall not 

be reduced while such individual remains continuously so 

employed in the same position within the Office, other than 

for cause. 

(2) ELIGIBILITY FOR IMMEDIATE RETIREMENT ON BASIS OF

INVOLUNTARY SEPARATION.—For purposes of section 8336(d) and 

section 8414(b) of title 5, United States Code, an individual 

described in paragraph (1) who is separated from service with 

the Office shall be considered to have separated from the service 

involuntarily if, at the time the individual is separated from 

service— 

(A) the individual has completed 25 years of service 

under such title; or 

(B) the individual has completed 20 years of service 

under such title and is 50 years of age or older. 

(c) EXCEPTION FOR CONGRESSIONAL SPECIAL SERVICES

OFFICE.—This section does not apply with respect to any employees, 

contracts, liabilities, records, property, appropriations, and other 

assets and interests of the Congressional Special Services Office 

of the Capitol Guide Service that are transferred to the Office 

of Congressional Accessibility Services under subtitle B. 

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

(a) PROVISION OF GUIDED TOURS.— 

(1) TOURS.—In accordance with this section, the Capitol 

Guide Service shall provide without charge guided tours of 

the interior of the United States Capitol, including the Capitol 

Visitor Center, for the education and enlightenment of the 

general public. 

(2) ACCEPTANCE OF FEES PROHIBITED.—An employee of the 

Capitol Guide Service shall not charge or accept any fee, or 

accept any gratuity, for or on account of the official services 

of that employee. 

(3) REGULATIONS OF THE ARCHITECT OF THE CAPITOL.— 

All such tours shall be conducted in compliance with regulations 

approved by the Architect of the Capitol, upon recommendation 

of the Chief Executive Officer. 

(b) AUTHORITY OF THE ARCHITECT OF THE CAPITOL.—In providing for the direction, supervision, and control of the Capitol 

Guide Service, the Architect of the Capitol, upon recommendation 

of the Chief Executive Officer, is authorized to— 

(1) subject to the availability of appropriations, establish 

and revise such number of positions of Guide in the Capitol 

2 USC 2242. 


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122 STAT. 4992 PUBLIC LAW 110–437—OCT. 20, 2008 

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; 

Regulations. 


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(2) the official reception of representatives of foreign 

nations and other persons by the Senate or House of Representatives; or 

(3) other special or ceremonial occasions in the United 

States Capitol or on the United States Capitol Grounds that— 

(A) require the presence of additional Government personnel; and 

(B) cause the temporary suspension of the performance 

of regular duties. 

(e) EFFECTIVE DATE.—This section shall take effect on the 

transfer date. 

Subtitle B—Office of Congressional 

Accessibility Services 

SEC. 411. OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES. 

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

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

‘‘(a) ESTABLISHMENT OF OFFICE OF CONGRESSIONAL ACCESSI- BILITY 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 

2 USC 2251. 


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122 STAT. 4994 PUBLIC LAW 110–437—OCT. 20, 2008 

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 

Notice. 


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PUBLIC LAW 110–437—OCT. 20, 2008 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 Director of Accessibility Services 

shall submit to the Committee on Rules and Administration of 

the Senate and the Committee on House Administration of the 

House of Representatives a list of the specific functions that the 

Office of Congressional Accessibility Services will perform in carrying out this subtitle with the approval of the Committee on 

Rules and Administration of the Senate and the Committee on 

House Administration of the House of Representatives. The Director 

of Accessibility Services shall submit the list not later than 30 

days after the transfer date. 

(c) TRANSITION FOR CURRENT DIRECTOR.—The individual who 

serves as the head of the Congressional Special Services Office 

as of the date of the enactment of this Act shall be the first 

Director of Accessibility Services appointed by the Congressional 

Accessibility Services Board under section 310 of the Legislative 

Branch Appropriations Act, 1990 (2 U.S.C. 130e) (as amended by 

this section). 

SEC. 412. TRANSFER FROM CAPITOL GUIDE SERVICE. 

(a) TRANSFER OF AUTHORITIES AND PERSONNEL OF CONGRESSIONAL SPECIAL SERVICES OFFICE OF CAPITOL GUIDE SERVICE.— 

In accordance with the provisions of this title, effective on the 

transfer date— 

(1) the contracts, liabilities, records, property, appropriations, and other assets and interests of the Congressional Special Services Office of the Capitol Guide Service, and the 

employees of such Office, are transferred to the Office of 

Congressional Accessibility Services established under section 

310(a) of the Legislative Branch Appropriations Act, 1990 (2 

U.S.C. 130e) (as amended by section 411 of this Act), except 

that the transfer of any amounts appropriated to the Congressional Special Services Office that remain available as of the 

transfer date shall occur only upon the approval of the Committees on Appropriations of the House of Representatives and 

Senate; and 

(2) the employees of such Office shall be subject to the 

direction, supervision, and control of the Director of Accessibility Services. 

(b) TREATMENT OF EMPLOYEES AT TIME OF TRANSFER.— 

(1) IN GENERAL.—Any individual who is an employee of 

the Congressional Special Services Office of the Capitol Guide 

Service on a non-temporary basis on the transfer date who 

is transferred under subsection (a) shall be subject to the 

authority of the Director of Accessibility Services under section 

310(b) of the Legislative Branch Appropriations Act, 1990 (2 

U.S.C. 130e) (as amended by section 411 of this Act), except 

that the individual’s grade, compensation, rate of leave, or 

other benefits that apply with respect to the individual at 

the time of transfer shall not be reduced while such individual 

2 USC 2252. 

Deadline. 

Lists. 


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122 STAT. 4996 PUBLIC LAW 110–437—OCT. 20, 2008 

remains continuously so employed in the same position within 

the Office of Congressional Accessibility Services established 

under section 310(a) of the Legislative Branch Appropriations 

Act, 1990 (2 U.S.C. 130e) (as amended by section 411 of this 

Act), other than for cause. 

(2) ELIGIBILITY FOR IMMEDIATE RETIREMENT ON BASIS OF

INVOLUNTARY SEPARATION.—For purposes of section 8336(d) and 

section 8414(b) of title 5, United States Code, an individual 

described in paragraph (1) who is separated from service with 

the Office of Congressional Accessibility Services shall be 

considered to have separated from the service involuntarily 

if, at the time the individual is separated from service— 

(A) the individual has completed 25 years of service 

under such title; or 

(B) the individual has completed 20 years of service 

under such title and is 50 years of age or older. 

(3) PROHIBITING IMPOSITION OF PROBATIONARY PERIOD.— 

The Director of Accessibility Services may not impose a period 

of probation with respect to the transfer of any individual 

who is transferred to the Office of Congressional Accessibility 

Services under subsection (a). 

Subtitle C—Transfer Date and Technical 

and Conforming Amendments 

SEC. 421. TRANSFER DATE. 

In this title, the term ‘‘transfer date’’ means the date occurring 

on the first day of the first pay period (applicable to employees 

transferred under section 401) occurring on or after 30 days after 

the date of enactment of this Act. 

SEC. 422. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) EXISTING AUTHORITY OF CAPITOL GUIDE SERVICE.—Section 

441 of the Legislative Reorganization Act of 1970 (2 U.S.C. 2166) 

is repealed. 

(b) COVERAGE UNDER CONGRESSIONAL ACCOUNTABILITY ACT OF

1995.— 

(1) TREATMENT OF EMPLOYEES AS COVERED EMPLOYEES.— 

Section 101(3)(C) of the Congressional Accountability Act of 

1995 (2 U.S.C. 1301(3)(C)) is amended to read as follows: 

‘‘(C) the Office of Congressional Accessibility Services;’’. 

(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,’’. 

2 USC 2261. 


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PUBLIC LAW 110–437—OCT. 20, 2008 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 DATE.—The amendments made by this section 

shall take effect on the transfer date. 

TITLE V—MISCELLANEOUS PROVISIONS 

SEC. 501. JURISDICTIONS UNAFFECTED. 

(a) SECURITY JURISDICTION UNAFFECTED.—Nothing in this Act 

granting any authority to the Architect of the Capitol or Chief 

Executive Officer shall be construed to affect the exclusive jurisdiction of the Capitol Police, the Capitol Police Board, the Sergeant 

at Arms and Doorkeeper of the Senate, and the Sergeant at Arms 

of the House of Representatives to provide security for the Capitol, 

including the Capitol Visitor Center. 

(b) ARCHITECT OF THE CAPITOL JURISDICTION UNAFFECTED.— 

(1) IN GENERAL.—Nothing in this Act granting any 

authority to the Chief Executive Officer shall be construed 

to affect the exclusive jurisdiction of the Architect of the Capitol 

for the care and superintendence of the Capitol Visitor Center. 

All maintenance services, groundskeeping services, improvements, alterations, additions, and repairs for the Capitol Visitor 

Center shall be made under the direction and supervision of 

the Architect, subject to the approval of the Committee on 

Rules and Administration of the Senate and the House Office 

Building Commission as to matters of general policy. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—Section 

1305 of the Legislative Branch Appropriations Act, 2008 (2 

U.S.C. 1825) is repealed. 

SEC. 502. STUDENT LOAN REPAYMENT AUTHORITY. 

Section 5379(a)(1)(A) of title 5, United States Code, is amended 

by inserting ‘‘, the Architect of the Capitol, the Botanic Garden, 

and the Office of Congressional Accessibility Services’’ after ‘‘title’’. 

SEC. 503. ACCEPTANCE OF VOLUNTEER SERVICES. 

Notwithstanding section 1342 of title 31, United States Code, 

the Architect of the Capitol, upon the recommendation of the Chief 

Executive Officer, may accept and use voluntary and uncompensated services for the Capitol Visitor Center as the Architect of 

the Capitol determines necessary. No person shall be permitted 

to donate personal services under this section unless such person 

has first agreed, in writing, to waive any and all claims against 

the United States arising out of or connection with such services, 

other than a claim under the provisions of chapter 81 of title 

5, United States Code. No person donating personal services under 

this section shall be considered an employee of the United States 

for any purpose other than for purposes of chapter 81 of such 

title. In no case shall the acceptance of personal services under 

this subsection result in the reduction of pay or displacement of 

any employee of the Office of the Architect of the Capitol. 

2 USC 2272. 

2 USC 2271. 

2 USC 1301 

note. 


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122 STAT. 4998 PUBLIC LAW 110–437—OCT. 20, 2008 

SEC. 504. COINS TREATED AS GIFTS. 

(a) DEFINITION.—In this section, the term ‘‘covered grounds’’ 

means— 

(1) the grounds described under section 5102 of title 40, 

United States Code; 

(2) the Capitol Buildings defined under section 5101 of 

title 40, United States Code, including the Capitol Visitor 

Center; and 

(3) the Library of Congress buildings and grounds described 

under section 11 of the Act entitled ‘‘An Act relating to the 

policing of the buildings and grounds of the Library of Congress’’, approved August 4, 1950 (2 U.S.C. 167j). 

(b) TREATMENT OF COINS.—In the case of any coins in any 

fountains on covered grounds— 

(1) such coins shall be treated as gifts to the United States; 

and 

(2) the Architect of the Capitol shall— 

(A) collect such coins at such times and in such manner 

as the Architect determines appropriate; and 

(B) except as provided under subsection (c), deposit 

the collected coins in accordance with subsection (d). 

(c) COST REIMBURSEMENT.—Any amount collected under this 

section shall first be used to reimburse the Architect of the Capitol 

for any costs incurred in the collection and processing of the coins. 

The amount of any such reimbursement is appropriated to the 

account from which such costs were paid and may be used for 

any authorized purpose of that account. 

(d) DEPOSIT OF COINS.—The Architect of the Capitol shall 

deposit coins collected under this section in the Miscellaneous 

Receipts Account of the Capitol Visitor Center Revolving Fund 

established under section 301. 

(e) AUTHORIZED USE AND AVAILABILITY.—Amounts deposited 

in the Miscellaneous Receipts Account of the Capitol Visitor Center 

Revolving Fund under this section shall be available as provided 

under section 303(b). 

SEC. 505. FLEXIBLE WORK SCHEDULE PILOT PROGRAM. 

(a) IN GENERAL.—Section 1302 of the Legislative Branch Appropriations Act, 2008 (2 U.S.C. 1831 note; 121 Stat. 2242) is amended 

in the third sentence by striking ‘‘September 30, 2008’’ and inserting 

‘‘September 30, 2010’’. 

(b) EFFECTIVE DATE.—The amendment made under subsection 

(a) shall take effect as though enacted as part of the Legislative 

Branch Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 

2218 et seq.). 

2 USC 1831 

note. 

2 USC 2273. 


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PUBLIC LAW 110–437—OCT. 20, 2008 122 STAT. 4999 

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. 

Æ 

TITLE VI—AUTHORIZATION OF 

APPROPRIATIONS 

SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this Act. 

Approved October 20, 2008. 

2 USC 2281. 


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