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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5159 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                    September 27 (legislative day, September 17), 2008.
    Resolved, That the bill from the House of Representatives (H.R. 
5159) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

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.
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.--
            (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.

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. 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 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.
    (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 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 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 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

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 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).

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 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,''.
    (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.

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.).

               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.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H.R. 5159

_______________________________________________________________________

                               AMENDMENT
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