[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
November 6, 2009.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 1299) entitled ``An Act to make technical corrections to
the laws affecting certain administrative authorities of the United
States Capitol Police, and for other purposes.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Capitol Police
Administrative Technical Corrections Act of 2009''.
SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF THE CAPITOL POLICE.
(a) Clarification of Certain Hiring Authorities.--
(1) Chief administrative officer.--Section 108(a) of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a))
is amended to read as follows:
``(a) Chief Administrative Officer.--
``(1) Establishment.--There shall be within the United
States Capitol Police an Office of Administration, to be headed
by the Chief Administrative Officer, who shall report to and
serve at the pleasure of the Chief of the Capitol Police.
``(2) Appointment.--The Chief Administrative Officer shall
be appointed by the Chief of the United States Capitol Police,
after consultation with the Capitol Police Board, without
regard to political affiliation and solely on the basis of
fitness to perform the duties of the position.
``(3) Compensation.--The annual rate of pay for the Chief
Administrative Officer shall be the amount equal to $1,000 less
than the annual rate of pay in effect for the Chief of the
Capitol Police.''.
(2) Administrative provisions.--Section 108 of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is
amended by striking subsection (c).
(3) Certifying officers.--Section 107 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1904) is amended--
(A) in subsection (a), by striking ``the Capitol
Police Board'' and inserting ``the Chief of the Capitol
Police''; and
(B) in subsection (b)(1), by striking ``the Capitol
Police Board'' and inserting ``the Chief of the Capitol
Police''.
(4) Personnel actions of the chief of the capitol police.--
(A) In general.--Section 1018(e) of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)) is
amended by striking paragraph (1) and inserting the
following:
``(1) Authority.--
``(A) In general.--The Chief of the Capitol Police,
in carrying out the duties of office, is authorized to
appoint, hire, suspend with or without pay, discipline,
discharge, and set the terms, conditions, and
privileges of employment of employees of the Capitol
Police, subject to and in accordance with applicable
laws and regulations.
``(B) Special rule for terminations.--The Chief may
terminate an officer, member, or employee only after
the Chief has provided notice of the termination to the
Capitol Police Board (in such manner as the Board may
from time to time require) and the Board has approved
the termination, except that if the Board has not
disapproved the termination prior to the expiration of
the 30-day period which begins on the date the Board
receives the notice, the Board shall be deemed to have
approved the termination.
``(C) Notice or approval.--The Chief of the Capitol
Police shall provide notice or receive approval, as
required by the Committee on Rules and Administration
of the Senate and the Committee on House Administration
of the House of Representatives, as each Committee
determines appropriate for--
``(i) the exercise of any authority under
subparagraph (A); or
``(ii) the establishment of any new
position for officers, members, or employees of
the Capitol Police, for reclassification of
existing positions, for reorganization plans,
or for hiring, termination, or promotion for
officers, members, or employees of the Capitol
Police.''.
(B) Technical and conforming amendments.--
(i) Suspension authority.--Section 1823 of
the Revised Statutes of the United States (2
U.S.C. 1928) is repealed.
(ii) Pay of members under suspension.--The
proviso in the Act of Mar. 3, 1875 (ch. 129; 18
Stat. 345), popularly known as the
``Legislature, Executive, and Judicial
Appropriation Act, fiscal year 1876'', which is
codified at section 1929 of title 2, United
States Code (2000 Editions, Supp. V), is
repealed.
(5) Conforming application of congressional accountability
act of 1995.--
(A) In general.--Section 101(9)(D) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301(9)(D)) is amended by striking ``the Capitol Police
Board,'' and inserting ``the United States Capitol
Police,''.
(B) No effect on current proceedings.--Nothing in
the amendment made by subparagraph (A) may be construed
to affect any procedure initiated under title IV of the
Congressional Accountability Act of 1995 prior to the
date of the enactment of this Act.
(6) No effect on current personnel.--Nothing in the
amendments made by this subsection may be construed to affect
the status of any individual serving as an officer or employee
of the United States Capitol Police as of the date of the
enactment of this Act.
(b) Deposit of Reimbursements for Law Enforcement Assistance.--
(1) In general.--Section 2802 of the Supplemental
Appropriations Act, 2001 (2 U.S.C. 1905) is amended--
(A) in subsection (a)(1), by striking ``Capitol
Police Board'' each place it appears and inserting
``United States Capitol Police''; and
(B) in subsection (a)(2), by striking ``Capitol
Police Board'' and inserting ``Chief of the United
States Capitol Police''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of the
Supplemental Appropriations Act, 2001.
(c) Prior Notice To Authorizing Committees of Deployment Outside
Jurisdiction.--Section 1007(a)(1) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 1978(a)(1)) is amended by striking
``prior notification to'' and inserting the following: ``prior
notification to the Committee on House Administration of the House of
Representatives, the Committee on Rules and Administration of the
Senate, and''.
(d) Advance Payments for Subscription Services.--
(1) In general.--Section 1002 of the Legislative Branch
Appropriations Act, 2008 (Public Law 110-161; 2 U.S.C. 1981) is
amended by inserting ``the Committee on House Administration of
the House of Representatives, and the Committee on Rules and
Administration of the Senate'' after ``the Senate,''.
(2) Effective date and application.--The amendment made by
this subsection shall take effect 30 days after the date of
enactment of this Act and apply to payments made on or after
that effective date.
SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND THE UNITED STATES
CAPITOL POLICE.
(a) Appointment and Service.--
(1) In general.--There shall be within the United States
Capitol Police the General Counsel to the Chief of Police and
the United States Capitol Police (in this subsection referred
to as the ``General Counsel''), who shall report to and serve
at the pleasure of the Chief of the United States Capitol
Police.
(2) Appointment.--The General Counsel shall be appointed by
the Chief of the Capitol Police in accordance with section
1018(e)(1) of the Legislative Branch Appropriations Act, 2003
(2 U.S.C. 1907(e)(1)) (as amended by section 2(a)(4)), after
consultation with the Capitol Police Board, without regard to
political affiliation and solely on the basis of fitness to
perform the duties of the position.
(3) Compensation.--
(A) In general.--Subject to subparagraph (B), the
annual rate of pay for the General Counsel shall be
fixed by the Chief of the Capitol Police.
(B) Limitation.--The annual rate of pay for the
General Counsel may not exceed an annual rate equal to
$1,000 less than the annual rate of pay in effect for
the Chief of the Capitol Police.
(4) Technical and conforming amendment.--House Resolution
661, Ninety-fifth Congress, agreed to July 29, 1977, as enacted
into permanent law by section 111 of the Legislative Branch
Appropriation Act, 1979 (2 U.S.C. 1901 note) is repealed.
(5) No effect on current general counsel.--Nothing in this
subsection or the amendments made by this subsection may be
construed to affect the status of the individual serving as the
General Counsel to the Chief of Police and the United States
Capitol Police as of the date of the enactment of this Act.
(b) Legal Representation Authority.--
(1) In general.--Section 1002(a)(2)(A) of the Legislative
Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is
amended by striking ``the General Counsel for the United States
Capitol Police Board and the Chief of the Capitol Police'' and
inserting ``the General Counsel to the Chief of Police and the
United States Capitol Police''.
(2) No effect on current proceedings.--Nothing in the
amendment made by paragraph (1) may be construed to affect the
authority of any individual to enter an appearance in any
proceeding before any court of the United States or of any
State or political subdivision thereof which is initiated prior
to the date of the enactment of this Act.
SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF OF POLICE AND THE UNITED STATES
CAPITOL POLICE.
(a) Legal Representation Authority.--
(1) In general.--Section 1002(a)(2)(B) of the Legislative
Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(B)) is
amended by striking ``the Employment Counsel for the United
States Capitol Police Board and the United States Capitol
Police'' and inserting ``the Employment Counsel to the Chief of
Police and the United States Capitol Police''.
(2) No effect on current proceedings.--Nothing in the
amendment made by paragraph (1) may be construed to affect the
authority of any individual to enter an appearance in any
proceeding before any court of the United States or of any
State or political subdivision thereof which is initiated prior
to the date of the enactment of this Act.
(b) No Effect on Current Employment Counsel.--Nothing in this
section or the amendments made by this section may be construed to
affect the status of the individual serving as the Employment Counsel
to the Chief of Police and the United States Capitol Police as of the
date of the enactment of this Act.
SEC. 5. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL
BENEFITS.
(a) No Lump-Sum Payment Permitted for Unused Compensatory Time.--
(1) In general.--No officer or employee of the United
States Capitol Police whose service with the United States
Capitol Police is terminated may receive any lump-sum payment
with respect to accrued compensatory time off, except to the
extent permitted under section 203(c)(4) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(c)(4)).
(2) Repeal of related obsolete provisions.--
(A) Overtime pay disbursed by house.--Section 3 of
House Resolution 449, Ninety-second Congress, agreed to
June 2, 1971, as enacted into permanent law by chapter
IV of the Supplemental Appropriations Act, 1972 (85
Stat. 636) (2 U.S.C. 1924), together with any other
provision of law which relates to compensatory time for
the Capitol Police which is codified at section 1924 of
title 2, United States Code (2000 Editions, Supp. V),
is repealed.
(B) Overtime pay disbursed by senate.--The last
full paragraph under the heading ``Administrative
Provisions'' in the appropriation for the Senate in the
Legislative Branch Appropriations Act, 1972 (85 Stat.
130) (2 U.S.C. 1925) is repealed.
(b) Overtime Compensation for Officers and Employees Exempt From
Fair Labor Standards Act of 1938.--
(1) Criteria under which compensation permitted.--The Chief
of the Capitol Police may provide for the compensation of
overtime work of exempt individuals which is performed on or
after the date of the enactment of this Act, in the form of
additional pay or compensatory time off, only if--
(A) the overtime work is carried out in connection
with special circumstances, as determined by the Chief;
(B) the Chief has established a monetary value for
the overtime work performed by such individual; and
(C) the sum of the total amount of the compensation
paid to the individual for the overtime work (as
determined on the basis of the monetary value
established under subparagraph (B)) and the total
regular compensation paid to the individual with
respect to the pay period involved may not exceed an
amount equal to the cap on the aggregate amount of
annual compensation that may be paid to the individual
under applicable law during the year in which the pay
period occurs, as allocated on a per pay period basis
consistent with premium pay regulations of the Capitol
Police Board.
(2) Exempt individuals defined.--In this subsection, an
``exempt individual'' is an officer or employee of the United
States Capitol Police--
(A) who is classified under regulations issued
pursuant to section 203 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313) as exempt
from the application of the rights and protections
established by subsections (a)(1) and (d) of section 6,
section 7, and section 12(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d),
207, 212(c)); or
(B) whose annual rate of pay is not established
specifically under any law.
(3) Conforming amendment.--
(A) In general.--Section 1009 of the Legislative
Branch Appropriations Act, 2003 (Public Law 108-7; 117
Stat. 359) is repealed.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
the enactment of the Legislative Branch Appropriations
Act, 2003, except that the amendment shall not apply
with respect to any overtime work performed prior to
the date of the enactment of this Act.
SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Repeal of Obsolete Procedures for Initial Appointment of Chief
Administrative Officer.--Section 108 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking
subsections (d) through (g).
(b) Repeal of Requirement That Officers Purchase Own Uniforms.--
Section 1825 of the Revised Statutes of the United States (2 U.S.C.
1943) is repealed.
(c) Repeal of References to Officers and Privates in Authorities
Relating to House and Senate Office Buildings.--
(1) House office buildings.--The item relating to ``House
of Representatives Office Building'' in the Act entitled ``An
Act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, nineteen
hundred and eight, and for other purposes'', approved March 4,
1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended by striking
``other than officers and privates of the Capitol police'' each
place it appears and inserting ``other than the United States
Capitol Police''.
(2) Senate office buildings.--The item relating to ``Senate
Office Building'' in the Legislative Branch Appropriation Act,
1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by striking
``other than for officers and privates of the Capitol Police''
each place it appears and inserting ``other than for the United
States Capitol Police''.
(d) Clarification of Applicability of U.S. Capitol Police and
Library of Congress Police Merger Implementation Act of 2007.--
(1) Repeal of duplicate provisions.--Effective as if
included in the enactment of the Legislative Branch
Appropriations Act, 2008 (Public Law 110-161), section 1004 of
such Act is repealed, and any provision of law amended or
repealed by such section is restored or revived to read as if
such section had not been enacted into law.
(2) No effect on other act.--Nothing in paragraph (1) may
be construed to prevent the enactment or implementation of any
provision of the U.S. Capitol Police and Library of Congress
Police Merger Implementation Act of 2007 (Public Law 110-178),
including any provision of such Act that amends or repeals a
provision of law which is restored or revived pursuant to
paragraph (1).
(e) Authority of Chief of Police.--
(1) Repeal of certain provisions codified in title 2,
united states code.--The provisions appearing in the first
paragraph under the heading ``Capitol Police'' in the Act of
April 28, 1902 (ch. 594; 32 Stat. 124), and the provisions
appearing in the first paragraph under the heading ``Capitol
Police'' in title I of the Legislative and Judiciary
Appropriation Act, 1944 (ch. 173; 57 Stat. 230), insofar as all
of those provisions are related to the sentence ``The captain
and lieutenants shall be selected jointly by the Sergeant at
Arms of the Senate and the Sergeant at Arms of the House of
Representatives; and one-half of the privates shall be selected
by the Sergeant at Arms of the Senate and one-half by the
Sergeant at Arms of the House of Representatives.'', which
appears in 2 U.S.C. 1901 (2000 Edition, Supp. V), are repealed.
(2) Restoration of repealed provision.--Section 1018(h)(1)
of the Legislative Branch Appropriations Act, 2003 (Public Law
108-7, div. H, title I, 117 Stat. 368) is repealed, and the
sentence ``The Capitol Police shall be headed by a Chief who
shall be appointed by the Capitol Police Board and shall serve
at the pleasure of the Board.'', which was repealed by such
section, is restored to appear at the end of section 1821 of
the Revised Statutes of the United States (2 U.S.C. 1901).
(3) Conforming amendment.--The first sentence of section
1821 of the Revised Statutes of the United States (2 U.S.C.
1901) is amended by striking ``, the members of which shall be
appointed by the Sergeants-at-Arms of the two Houses and the
Architect of the Capitol Extension''.
(4) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 2003.
SEC. 7. TREATMENT OF CAPITOL POLICE EMPLOYEES AS CONGRESSIONAL
EMPLOYEES.
(a) Definition of Congressional Employee.--Section 2107(4) of title
5, United States Code, is amended by inserting ``or employee'' after
``member''.
(b) Dual Pay and Dual Employment.--
(1) Definition of agency in the legislative branch.--
Section 5531(4) of title 5, United States Code, is amended by
striking ``and the Congressional Budget Office'' and inserting
``the Congressional Budget Office, and the United States
Capitol Police''.
(2) Dual pay.--Section 5533 of title 5, United States Code,
is amended--
(A) in subsection (c)--
(i) in paragraph (1), by striking ``or the
Chief Administrative Officer of the House of
Representatives'' and inserting ``, the Chief
Administrative Officer of the House of
Representatives, or the Chief of the Capitol
Police''; and
(ii) in paragraph (2), by inserting ``or
the Chief of the Capitol Police'' after ``House
of Representatives''; and
(B) in subsection (d)(5)(A), by striking ``or the
Chief Administrative Officer of the House of
Representatives'' and inserting ``, the Chief
Administrative Officer of the House of Representatives,
or the Chief of the Capitol Police''.
(c) Fees for Jury and Witness Service.--
(1) Crediting amounts received.--Section 5515 of title 5,
United States Code, is amended by striking ``or the Chief
Administrative Officer of the House of Representatives'' and
inserting ``, the Chief Administrative Officer of the House of
Representatives, or the Chief of the Capitol Police''.
(2) Fees for service.--Section 5537(a) of title 5, United
States Code, is amended by striking ``or the Chief
Administrative Officer of the House of Representatives'' and
inserting ``, the Chief Administrative Officer of the House of
Representatives, or the Chief of the Capitol Police''.
(d) Effective Date.--The amendments made by this section shall take
effect as though enacted as part of section 1018 of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 1907).
SEC. 8. LAW ENFORCEMENT AUTHORITY OF SERGEANT-AT-ARMS AND DOORKEEPER OF
THE SENATE.
(a) In General.--The Sergeant-at-Arms and Doorkeeper of the Senate
shall have the same law enforcement authority, including the authority
to carry firearms, as a member of the Capitol Police. The law
enforcement authority under the preceding sentence shall be subject to
the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate
have the qualifications specified in subsection (b).
(b) Qualifications.--The qualifications referred to in subsection
(a) are the following:
(1) A minimum of 5 years of experience as a law enforcement
officer before beginning service as the Sergeant-at-Arms and
Doorkeeper of the Senate.
(2) Current certification in the use of firearms by the
appropriate Federal law enforcement entity or an equivalent
non-Federal entity.
(3) Any other firearms qualification required for members
of the Capitol Police.
(c) Regulations.--The Committee on Rules and Administration of the
Senate shall have authority to prescribe regulations to carry out this
section.
SEC. 9. TRAVEL PROMOTION ACT OF 2009.
(a) Short Title.--This section may be cited as the ``Travel
Promotion Act of 2009''.
(b) The Corporation for Travel Promotion.--
(1) Establishment.--The Corporation for Travel Promotion is
established as a nonprofit corporation. The Corporation shall
not be an agency or establishment of the United States
Government. The Corporation shall be subject to the provisions
of the District of Columbia Nonprofit Corporation Act (D.C.
Code, section 29-1001 et seq.), to the extent that such
provisions are consistent with this subsection, and shall have
the powers conferred upon a nonprofit corporation by that Act
to carry out its purposes and activities.
(2) Board of directors.--
(A) In general.--The Corporation shall have a board
of directors of 11 members with knowledge of
international travel promotion and marketing, broadly
representing various regions of the United States, who
are United States citizens. Members of the board shall
be appointed by the Secretary of Commerce (after
consultation with the Secretary of Homeland Security
and the Secretary of State), as follows:
(i) 1 shall have appropriate expertise and
experience in the hotel accommodations sector;
(ii) 1 shall have appropriate expertise and
experience in the restaurant sector;
(iii) 1 shall have appropriate expertise
and experience in the small business or retail
sector or in associations representing that
sector;
(iv) 1 shall have appropriate expertise and
experience in the travel distribution services
sector;
(v) 1 shall have appropriate expertise and
experience in the attractions or recreations
sector;
(vi) 1 shall have appropriate expertise and
experience as officials of a city convention
and visitors' bureau;
(vii) 2 shall have appropriate expertise
and experience as officials of a State tourism
office;
(viii) 1 shall have appropriate expertise
and experience in the passenger air sector;
(ix) 1 shall have appropriate expertise and
experience in immigration law and policy,
including visa requirements and United States
entry procedures; and
(x) 1 shall have appropriate expertise in
the intercity passenger railroad business.
(B) Incorporation.--The members of the initial
board of directors shall serve as incorporators and
shall take whatever actions are necessary to establish
the Corporation under the District of Columbia
Nonprofit Corporation Act (D.C. Code, section 29-301.01
et seq.).
(C) Term of office.--The term of office of each
member of the board appointed by the Secretary shall be
3 years, except that, of the members first appointed--
(i) 3 shall be appointed for terms of 1
year;
(ii) 4 shall be appointed for terms of 2
years; and
(iii) 4 shall be appointed for terms of 3
years.
(D) Removal for cause.--The Secretary of Commerce
may remove any member of the board for good cause.
(E) Vacancies.--Any vacancy in the board shall not
affect its power, but shall be filled in the manner
required by this subsection. Any member whose term has
expired may serve until the member's successor has
taken office, or until the end of the calendar year in
which the member's term has expired, whichever is
earlier. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which
that member's predecessor was appointed shall be
appointed for the remainder of the predecessor's term.
No member of the board shall be eligible to serve more
than 2 consecutive full 3-year terms.
(F) Election of chairman and vice chairman.--
Members of the board shall annually elect one of the
members to be Chairman and elect 1 or 2 of the members
as Vice Chairman or Vice Chairmen.
(G) Status as federal employees.--Notwithstanding
any provision of law to the contrary, no member of the
board may be considered to be a Federal employee of the
United States by virtue of his or her service as a
member of the board.
(H) Compensation; expenses.--No member shall
receive any compensation from the Federal government
for serving on the Board. Each member of the Board
shall be paid actual travel expenses and per diem in
lieu of subsistence expenses when away from his or her
usual place of residence, in accordance with section
5703 of title 5, United States Code.
(3) Officers and employees.--
(A) In general.--The Corporation shall have an
executive director and such other officers as may be
named and appointed by the board for terms and at rates
of compensation fixed by the board. No individual other
than a citizen of the United States may be an officer
of the Corporation. The Corporation may hire and fix
the compensation of such employees as may be necessary
to carry out its purposes. No officer or employee of
the Corporation may receive any salary or other
compensation (except for compensation for services on
boards of directors of other organizations that do not
receive funds from the Corporation, on committees of
such boards, and in similar activities for such
organizations) from any sources other than the
Corporation for services rendered during the period of
his or her employment by the Corporation. Service by
any officer on boards of directors of other
organizations, on committees of such boards, and in
similar activities for such organizations shall be
subject to annual advance approval by the board and
subject to the provisions of the Corporation's
Statement of Ethical Conduct. All officers and
employees shall serve at the pleasure of the board.
(B) Nonpolitical nature of appointment.--No
political test or qualification shall be used in
selecting, appointing, promoting, or taking other
personnel actions with respect to officers, agents, or
employees of the Corporation.
(4) Nonprofit and nonpolitical nature of corporation.--
(A) Stock.--The Corporation shall have no power to
issue any shares of stock, or to declare or pay any
dividends.
(B) Profit.--No part of the income or assets of the
Corporation shall inure to the benefit of any director,
officer, employee, or any other individual except as
salary or reasonable compensation for services.
(C) Politics.--The Corporation may not contribute
to or otherwise support any political party or
candidate for elective public office.
(D) Sense of congress regarding lobbying
activities.--It is the sense of Congress that the
Corporation should not engage in lobbying activities
(as defined in section 3(7) of the Lobbying Disclosure
Act of 1995 (5 U.S.C. 1602(7)).
(5) Duties and powers.--
(A) In general.--The Corporation shall develop and
execute a plan--
(i) to provide useful information to
foreign tourists, business people, students,
scholars, scientists, and others interested in
traveling to the United States, including the
distribution of material provided by the
Federal government concerning entry
requirements, required documentation, fees,
processes, and information concerning declared
public health emergencies, to prospective
travelers, travel agents, tour operators,
meeting planners, foreign governments, travel
media and other international stakeholders;
(ii) to identify, counter, and correct
misperceptions regarding United States entry
policies around the world;
(iii) to maximize the economic and
diplomatic benefits of travel to the United
States by promoting the United States of
America to world travelers through the use of,
but not limited to, all forms of advertising,
outreach to trade shows, and other appropriate
promotional activities;
(iv) to ensure that international travel
benefits all States and the District of
Columbia and to identify opportunities and
strategies to promote tourism to rural and
urban areas equally, including areas not
traditionally visited by international
travelers; and
(v) to give priority to the Corporation's
efforts with respect to countries and
populations most likely to travel to the United
States.
(B) Specific powers.--In order to carry out the
purposes of this subsection, the Corporation may--
(i) obtain grants from and make contracts
with individuals and private companies, State,
and Federal agencies, organizations, and
institutions;
(ii) hire or accept the voluntary services
of consultants, experts, advisory boards, and
panels to aid the Corporation in carrying out
its purposes; and
(iii) take such other actions as may be
necessary to accomplish the purposes set forth
in this subsection.
(C) Public outreach and information.--The
Corporation shall develop and maintain a publicly
accessible website.
(6) Open meetings.--Meetings of the board of directors of
the Corporation, including any committee of the board, shall be
open to the public. The board may, by majority vote, close any
such meeting only for the time necessary to preserve the
confidentiality of commercial or financial information that is
privileged or confidential, to discuss personnel matters, or to
discuss legal matters affecting the Corporation, including
pending or potential litigation.
(7) Major campaigns.--The board may not authorize the
Corporation to obligate or expend more than $25,000,000 on any
advertising campaign, promotion, or related effort unless--
(A) the obligation or expenditure is approved by an
affirmative vote of at least 2/3 of the members of the
board present at the meeting;
(B) at least 6 members of the board are present at
the meeting at which it is approved; and
(C) each member of the board has been given at
least 3 days advance notice of the meeting at which the
vote is to be taken and the matters to be voted upon at
that meeting.
(8) Fiscal accountability.--
(A) Fiscal year.--The Corporation shall establish
as its fiscal year the 12-month period beginning on
October 1.
(B) Budget.--The Corporation shall adopt a budget
for each fiscal year.
(C) Annual audits.--The Corporation shall engage an
independent accounting firm to conduct an annual
financial audit of the Corporation's operations and
shall publish the results of the audit. The Comptroller
General of the United States may review any audit of a
financial statement conducted under this paragraph by
an independent accounting firm and may audit the
Corporation's operations at the discretion of the
Comptroller General. The Comptroller General and the
Congress shall have full and complete access to the
books and records of the Corporation.
(D) Program audits.--Not later than 2 years after
the date of enactment of this section, the Comptroller
General shall conduct a review of the programmatic
activities of the Corporation for Travel Promotion.
This report shall be provided to appropriate
congressional committees.
(c) Accountability Measures.--
(1) Objectives.--The Board shall establish annual
objectives for the Corporation for each fiscal year subject to
approval by the Secretary of Commerce (after consultation with
the Secretary of Homeland Security and the Secretary of State).
The Corporation shall establish a marketing plan for each
fiscal year not less than 60 days before the beginning of that
year and provide a copy of the plan, and any revisions thereof,
to the Secretary.
(2) Budget.--The board shall transmit a copy of the
Corporation's budget for the forthcoming fiscal year to the
Secretary not less than 60 days before the beginning of each
fiscal year, together with an explanation of any expenditure
provided for by the budget in excess of $5,000,000 for the
fiscal year. The Corporation shall make a copy of the budget
and the explanation available to the public and shall provide
public access to the budget and explanation on the
Corporation's website.
(3) Annual report to congress.--The Corporation shall
submit an annual report for the preceding fiscal year to the
Secretary of Commerce for transmittal to the Congress on or
before the 15th day of May of each year. The report shall
include--
(A) a comprehensive and detailed report of the
Corporation's operations, activities, financial
condition, and accomplishments under this section;
(B) a comprehensive and detailed inventory of
amounts obligated or expended by the Corporation during
the preceding fiscal year;
(C) a detailed description of each in-kind
contribution, its fair market value, the individual or
organization responsible for contributing, its specific
use, and a justification for its use within the context
of the Corporation's mission;
(D) an objective and quantifiable measurement of
its progress, on an objective-by-objective basis, in
meeting the objectives established by the board;
(E) an explanation of the reason for any failure to
achieve an objective established by the board and any
revisions or alterations to the Corporation's
objectives under paragraph (1);
(F) a comprehensive and detailed report of the
Corporation's operations and activities to promote
tourism in rural and urban areas; and
(G) such recommendations as the Corporation deems
appropriate.
(4) Limitation on use of funds.--Amounts deposited in the
Fund may not be used for any purpose inconsistent with carrying
out the objectives, budget, and report described in this
subsection.
(d) Matching Public and Private Funding.--
(1) Establishment of travel promotion fund.--There is
hereby established in the Treasury a fund which shall be known
as the Travel Promotion Fund.
(2) Funding.--
(A) Start-up expenses.--For fiscal year 2010, the
Secretary of the Treasury shall make available to the
Corporation such sums as may be necessary, but not to
exceed $10,000,000, from amounts deposited in the
general fund of the Treasury from fees under section
217(h)(3)(B)(i)(I) of the Immigration and Nationality
Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to cover the
Corporation's initial expenses and activities under
this section. Transfers shall be made at least
quarterly, beginning on January 1, 2010, on the basis
of estimates by the Secretary, and proper adjustments
shall be made in amounts subsequently transferred to
the extent prior estimates were in excess or less than
the amounts required to be transferred.
(B) Subsequent years.--For each of fiscal years
2011 through 2014, from amounts deposited in the
general fund of the Treasury during the preceding
fiscal year from fees under section 217(h)(3)(B)(i)(I)
of the Immigration and Nationality Act (8 U.S.C.
1187(h)(B)(i)(I)), the Secretary of the Treasury shall
transfer not more than $100,000,000 to the Fund, which
shall be made available to the Corporation, subject to
paragraph (3) of this subsection, to carry out its
functions under this section. Transfers shall be made
at least quarterly on the basis of estimates by the
Secretary, and proper adjustments shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess or less than the amounts
required to be transferred.
(3) Matching requirement.--
(A) In general.--No amounts may be made available
to the Corporation under this subsection after fiscal
year 2010, except to the extent that--
(i) for fiscal year 2011, the Corporation
provides matching amounts from non-Federal
sources equal in the aggregate to 50 percent or
more of the amount transferred to the Fund
under paragraph (2); and
(ii) for any fiscal year after fiscal year
2011, the Corporation provides matching amounts
from non-Federal sources equal in the aggregate
to 100 percent of the amount transferred to the
Fund under paragraph (2) for the fiscal year.
(B) Goods and services.--For the purpose of
determining the amount received from non-Federal
sources by the Corporation, other than money--
(i) the fair market value of goods and
services (including advertising) contributed to
the Corporation for use under this section may
be included in the determination; but
(ii) the fair market value of such goods
and services may not account for more than 80
percent of the matching requirement under
subparagraph (A) for the Corporation in any
fiscal year.
(C) Right of refusal.--The Corporation may decline
to accept any contribution in-kind that it determines
to be inappropriate, not useful, or commercially
worthless.
(D) Limitation.--The Corporation may not obligate
or expend funds in excess of the total amount received
by the Corporation for a fiscal year from Federal and
non-Federal sources.
(4) Carryforward.--
(A) Federal funds.--Amounts transferred to the Fund
under paragraph (2)(B) shall remain available until
expended.
(B) Matching funds.--Any amount received by the
Corporation from non-Federal sources in fiscal year
2010, 2011, 2012, 2013, or 2014 that cannot be used to
meet the matching requirement under paragraph (3)(A)
for the fiscal year in which amount was collected may
be carried forward and treated as having been received
in the succeeding fiscal year for purposes of meeting
the matching requirement of paragraph (3)(A) in such
succeeding fiscal year.
(e) Travel Promotion Fund Fees.--Section 217(h)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended to
read as follows:
``(B) Fees.--
``(i) In general.--No later than 6 months
after the date of enactment of the Travel
Promotion Act of 2009, the Secretary of
Homeland Security shall establish a fee for the
use of the System and begin assessment and
collection of that fee. The initial fee shall
be the sum of--
``(I) $10 per travel authorization;
and
``(II) an amount that will at least
ensure recovery of the full costs of
providing and administering the System,
as determined by the Secretary.
``(ii) Disposition of amounts collected.--
Amounts collected under clause (i)(I) shall be
credited to the Travel Promotion Fund
established by subsection (d) of section 11 of
the Travel Promotion Act of 2009. Amounts
collected under clause (i)(II) shall be
transferred to the general fund of the Treasury
and made available to pay the costs incurred to
administer the System.
``(iii) Sunset of travel promotion fund
fee.--The Secretary may not collect the fee
authorized by clause (i)(I) for fiscal years
beginning after September 30, 2014.''.
(f) Assessment Authority.--
(1) In general.--Except as otherwise provided in this
subsection, the Corporation may impose an annual assessment on
United States members of the international travel and tourism
industry (other than those described in subsection
(b)(2)(A)(iii) or (H)) represented on the Board in proportion
to their share of the aggregate international travel and
tourism revenue of the industry. The Corporation shall be
responsible for verifying, implementing, and collecting the
assessment authorized by this subsection.
(2) Initial assessment limited.--The Corporation may
establish the initial assessment after the date of enactment of
this section at no greater, in the aggregate, than $20,000,000.
(3) Referenda.--
(A) In general.--The Corporation may not impose an
annual assessment unless--
(i) the Corporation submits the proposed
annual assessment to members of the industry in
a referendum; and
(ii) the assessment is approved by a
majority of those voting in the referendum.
(B) Procedural requirements.--In conducting a
referendum under this paragraph, the Corporation
shall--
(i) provide written or electronic notice
not less than 60 days before the date of the
referendum;
(ii) describe the proposed assessment or
increase and explain the reasons for the
referendum in the notice; and
(iii) determine the results of the
referendum on the basis of weighted voting
apportioned according to each business entity's
relative share of the aggregate annual United
States international travel and tourism revenue
for the industry per business entity, treating
all related entities as a single entity.
(4) Collection.--
(A) In general.--The Corporation shall establish a
means of collecting the assessment that it finds to be
efficient and effective. The Corporation may establish
a late payment charge and rate of interest to be
imposed on any person who fails to remit or pay to the
Corporation any amount assessed by the Corporation
under this section.
(B) Enforcement.--The Corporation may bring suit in
Federal court to compel compliance with an assessment
levied by the Corporation under this section.
(5) Investment of funds.--Pending disbursement pursuant to
a program, plan, or project, the Corporation may invest funds
collected through assessments, and any other funds received by
the Corporation, only in obligations of the United States or
any agency thereof, in general obligations of any State or any
political subdivision thereof, in any interest-bearing account
or certificate of deposit of a bank that is a member of the
Federal Reserve System, or in obligations fully guaranteed as
to principal and interest by the United States.
(g) Office of Travel Promotion.--Title II of the International
Travel Act of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting
after section 201 the following:
``SEC. 202. OFFICE OF TRAVEL PROMOTION.
``(a) Office Established.--There is established within the
Department of Commerce an office to be known as the Office of Travel
Promotion.
``(b) Director.--
``(1) Appointment.--The Office shall be headed by a
Director who shall be appointed by the Secretary.
``(2) Qualifications.--The Director shall be a citizen of
the United States and have experience in a field directly
related to the promotion of travel to and within the United
States.
``(3) Duties.--The Director shall be responsible for
ensuring the office is carrying out its functions effectively
and shall report to the Secretary.
``(c) Functions.--The Office shall--
``(1) serve as liaison to the Corporation for Travel
Promotion established by subsection (b) of section 11 of the
Travel Promotion Act of 2009 and support and encourage the
development of programs to increase the number of international
visitors to the United States for business, leisure,
educational, medical, exchange, and other purposes;
``(2) work with the Corporation, the Secretary of State and
the Secretary of Homeland Security--
``(A) to disseminate information more effectively
to potential international visitors about documentation
and procedures required for admission to the United
States as a visitor;
``(B) to ensure that arriving international
visitors are generally welcomed with accurate
information and in an inviting manner;
``(C) to collect accurate data on the total number
of international visitors that visit each State; and
``(D) enhance the entry and departure experience
for international visitors through the use of
advertising, signage, and customer service; and
``(3) support State, regional, and private sector
initiatives to promote travel to and within the United States.
``(d) Reports to Congress.--Within a year after the date of
enactment of the Travel Promotion Act of 2009, and periodically
thereafter as appropriate, the Secretary shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation, the Senate
Committee on Homeland Security and Governmental Affairs, the Senate
Committee on Foreign Relations, the House of Representatives Committee
on Energy and Commerce, the House of Representatives Committee on
Homeland Security, and the House of Representatives Committee on
Foreign Affairs describing the Office's work with the Corporation, the
Secretary of State and the Secretary of Homeland Security to carry out
subsection (c)(2).''.
(h) Research Program.--Title II of the International Travel Act of
1961 (22 U.S.C. 2121 et seq.), as amended by subsection (g), is further
amended by inserting after section 202 the following:
``SEC. 203. RESEARCH PROGRAM.
``(a) In General.--The Office of Travel and Tourism Industries
shall expand and continue its research and development activities in
connection with the promotion of international travel to the United
States, including--
``(1) expanding access to the official Mexican travel
surveys data to provide the States with traveler
characteristics and visitation estimates for targeted marketing
programs;
``(2) expanding the number of inbound air travelers sampled
by the Commerce Department's Survey of International Travelers
to reach a 1 percent sample size and revising the design and
format of questionnaires to accommodate a new survey
instrument, improve response rates to at least double the
number of States and cities with reliable international visitor
estimates and improve market coverage;
``(3) developing estimates of international travel exports
(expenditures) on a State-by-State basis to enable each State
to compare its comparative position to national totals and
other States;
``(4) evaluate the success of the Corporation in achieving
its objectives and carrying out the purposes of the Travel
Promotion Act of 2009; and
``(5) research to support the annual reports required by
section 202(d) of this Act.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for fiscal years 2010 through
2014 such sums as may be necessary to carry out this section.''.
Attest:
Clerk.
111th CONGRESS
1st Session
H.R. 1299
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT