
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC851]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
     CHAPTER 18--NATIONAL VISITOR CENTER FACILITIES; UNION STATION 
                  REDEVELOPMENT; CAPITOL GUIDE SERVICE
 
                  SUBCHAPTER IV--CAPITOL GUIDE SERVICE
 
Sec. 851. Capitol Guide Service


(a) Establishment; designation; supervision of Capitol Guide Board; 
        membership of Board

    There is hereby established an organization under the Congress of 
the United States, to be designated the ``Capitol Guide Service'', which 
shall be subject to the direction, supervision, and control of a Capitol 
Guide Board consisting of the Architect of the Capitol, the Sergeant at 
Arms of the Senate, and the Sergeant at Arms of the House of 
Representatives.

(b) Guided tours; regulations

    The Capitol Guide Service is authorized and directed to provide 
guided tours of the interior of the United States Capitol Building for 
the education and enlightenment of the general public, without charge 
for such tours. All such tours shall be conducted in compliance with 
regulations prescribed by the Capitol Guide Board.

(c) Duties of Capitol Guide Board; positions of Guide in Capitol Guide 
        Service; establishment and revision; Chief, Deputy Chief, and 
        Assistant Chief Guide and Guides: appointment, duties, pay, and 
        termination of employment

    The Capitol Guide Board is authorized--
        (1) with the prior approval of the Committee on Rules and 
    Administration of the Senate and the Committee on House Oversight of 
    the House of Representatives, to establish and revise such number of 
    positions of Guide in the Capitol Guide Service as the Board 
    considers necessary to carry out effectively the activities of the 
    Capitol Guide Service;
        (2) to appoint, on a permanent basis, without regard to 
    political affiliation, and solely on the basis of fitness to perform 
    their duties, a Chief Guide, a Deputy Chief Guide, and an Assistant 
    Chief Guide, and, in addition, such number of Guides as may be 
    authorized under subparagraph (1) of this subsection;
        (3) to prescribe their duties and responsibilities;
        (4) with the prior approval of the Committee on Rules and 
    Administration of the Senate and the Committee on House Oversight of 
    the House of Representatives, to fix, and adjust from time to time, 
    their respective rates of pay at single per annum (gross) rates; and
        (5) to terminate their employment as the Board considers 
    appropriate.

(d) Uniforms

    The Capitol Guide Board shall--
        (1) prescribe a uniform dress, including appropriate insignia, 
    which shall be worn by personnel of the Capitol Guide Service when 
    on duty; and
        (2) from time to time, as may be necessary, procure and furnish 
    such uniforms to such personnel without charge to such personnel.

(e) Acceptance of fees; prohibition

    An employee of the Capitol Guide Service shall not charge or accept 
any fee, or accept any gratuity, for or on account of his official 
services.

(f) Personnel detail

    The Capitol Guide Board may detail personnel of the Capitol Guide 
Service to assist the United States Capitol Police by providing ushering 
and informational services, and other services not directly involving 
law enforcement, in connection with the inauguration of the President 
and Vice President of the United States, the official reception of 
representatives of foreign nations and other persons by the Senate or 
House of Representatives, and other special or ceremonial occasions in 
the United States Capitol Building or on the United States Capitol 
Grounds which require the presence of additional Government personnel 
and which cause the temporary suspension of the performance of the 
regular duties of the Capitol Guide Service.

(g) Historical and educational information

    The Capitol Guide Board may 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.

(h) Regulations for operation of Service

    With the prior approval of the Committee on Rules and Administration 
of the Senate and the Committee on House Administration of the House of 
Representatives, the Capitol Guide Board shall prescribe such 
regulations as the Board considers necessary and appropriate for the 
operation of the Capitol Guide Service.

(i) Disciplinary action

    The Capitol Guide Board may take appropriate disciplinary action, 
including, when circumstances warrant, suspension from duty without pay, 
reduction in pay, demotion, or removal from employment with the Capitol 
Guide Service, against any employee who violates any provision of this 
section or any regulations prescribed by the Board pursuant to this 
section.

(j) Volunteers

    (1) Notwithstanding section 1342 of title 31, the Capitol Guide 
Service is authorized to accept voluntary personal services.
    (2) No person shall be permitted to donate personal services under 
this subsection unless the person has first agreed, in writing, to waive 
any claim against the United States arising out of or in connection with 
such services, other than a claim under chapter 81 of title 5.
    (3) 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 title 5.
    (4) In no case shall the acceptance of personal services under this 
section result in the reduction of pay or displacement of any employee 
of the Capitol Guide Service.

(Pub. L. 91-510, title IV, Sec. 441, Oct. 26, 1970, 84 Stat. 1190; Pub. 
L. 95-94, title I, Aug. 5, 1977, 91 Stat. 671; Pub. L. 104-186, title 
II, Sec. 221(17), Aug. 20, 1996, 110 Stat. 1750; Pub. L. 104-279, Oct. 
9, 1996, 110 Stat. 3358.)

                          Codification

    Section was not enacted as part of the National Visitor Center 
Facilities Act of 1968 which comprises this chapter.


                               Amendments

    1996--Subsec. (c)(1), (4). Pub. L. 104-186, Sec. 221(17)(A), 
substituted ``House Oversight'' for ``House Administration''.
    Subsec. (j). Pub. L. 104-279 added subsec. (j).
    Pub. L. 104-186, Sec. 221(17)(B), struck out subsec. (j) which read 
as follows: ``The expenses of the Capitol Guide Service shall be paid 
from the contingent fund of the House of Representatives, until 
appropriations are available for the payment of such expenses.''
    1977--Subsec. (c)(2). Pub. L. 95-94 inserted reference to Deputy 
Chief Guide.

                         Change of Name

    Committee on House Oversight of House of Representatives changed to 
Committee on House Administration of House of Representatives by House 
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.


                    Effective Date of 1977 Amendment

    Pub. L. 95-94 provided that the amendment is effective Oct. 1, 1977.


                             Effective Date

    Section effective immediately prior to noon on Jan. 3, 1971, see 
section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 
Amendment note under section 72a of Title 2, The Congress.

                          Transfer of Functions

    Certain functions of Sergeant at Arms of House of Representatives 
transferred to Director of Non-legislative and Financial Services by 
section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 
9, 1992. Director of Non-legislative and Financial Services replaced by 
Chief Administrative Officer of House of Representatives by House 
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.


                        Increases in Compensation

    Increases in compensation for the Capitol Guide Board, the Chief 
Guide, the Deputy Chief Guide, the Assistant Chief Guide, and the Guides 
of the Capitol Guide Service under authority of the Federal Pay 
Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of the 
President pro tempore of the Senate, set out as notes under section 60a-
1 of Title 2, The Congress.


                         Transitional Provisions

    Section 443 of Pub. L. 91-510 provided that:
    ``(a) The initial appointments, under section 441(c)(2) of this Act 
[subsec. (c)(2) of this section], of personnel of the Capitol Guide 
Service shall be effective on the effective date of this section. The 
Capitol Guide Board shall afford, to each person who is a member of the 
United States Capitol Guides immediately prior to such effective date, 
the opportunity to be appointed to a comparable position in the Capitol 
Guide Service without reduction in level of rank and seniority. For the 
purposes of the initial appointments of such persons, the number of such 
persons shall be considered to have been authorized for the Capitol 
Guide Service under section 441(c)(1) of this Act [subsec. (c)(1) of 
this section]. The per annum (gross) rate of pay of each such person so 
initially appointed shall be a rate equal to the per annum rate of pay 
received by the United States Capitol Guides, who worked full tours of 
duty, averaged over the last five calendar years (excluding 1968) ending 
prior to the date of enactment of this Act [Oct. 26, 1970]. Subject to 
section 441(i) of this Act [subsec. (i) of this section], the rate of 
each such person so initially appointed shall not, at any time after 
such initial appointment, be less than the rate at which he was 
initially appointed so long as he remains in the same position; but, 
when such position becomes vacant, the rate of pay of any subsequent 
appointee thereto shall be fixed in accordance with section 441 of this 
Act [this section].
    ``(b) The United States Capitol Police Board shall transfer, on the 
effective date of this section, to the Capitol Guide Board, all 
personnel records, financial records, assets, and other property of the 
United States Capitol Guides, which exist immediately prior to such 
effective date.
    ``(c) As soon as practicable after the effective date of this 
section but not later than the close of the sixtieth day after such 
effective date, the Capitol Guide Board shall, out of the assets and 
property transferred under subsection (b) of this section, on the basis 
of a special audit which shall be conducted by the General Accounting 
Office--
        ``(1) settle and pay any outstanding accounts payable of the 
    United States Capitol Guides,
        ``(2) discharge the financial and other obligations of the 
    United States Capitol Guides (including reimbursement to purchasers 
    of tickets for guided tours which are purchased and paid for in 
    advance of intended use and are unused), and
        ``(3) otherwise wind up the affairs of the United States Capitol 
    Guides,
which exist immediately prior to such effective date. The Capitol Guide 
Board shall dispose of any net monetary amounts remaining after the 
winding up of the affairs of the United States Capitol Guides, in 
accordance with the practices and procedures of the United States 
Capitol Guides, existing immediately prior to the effective date of this 
section, with respect to disposal of monetary surpluses.''
    Section 443 of Pub. L. 91-510 effective immediately prior to noon on 
Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an 
Effective Date of 1970 Amendment note under section 72a of Title 2, The 
Congress.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 60j.
