[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Enrolled Bill (ENR)]

        H.R.1299

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
      To make technical corrections to the laws affecting certain 
administrative authorities of the United States Capitol Police, and for 
                             other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.