[Congressional Record Volume 155, Number 165 (Friday, November 6, 2009)]
[House]
[Pages H12477-H12487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROVIDING FOR CONCURRENCE WITH AMENDMENT IN SENATE AMENDMENT TO H.R. 
1299, UNITED STATES CAPITOL POLICE ADMINISTRATIVE TECHNICAL CORRECTIONS 
                              ACT OF 2009

  Mrs. DAVIS of California. Mr. Speaker, I move to suspend the rules 
and agree to the resolution (H. Res. 896)

[[Page H12478]]

providing for the concurrence by the House in the Senate amendment to 
H.R. 1299, with an amendment.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 896

       Resolved, That upon the adoption of this resolution 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 Senate amendment thereto, shall 
     be considered to have been taken from the Speaker's table to 
     the end that the Senate amendment thereto be, and the same is 
     hereby, agreed to with the following 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

[[Page H12479]]

     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).

[[Page H12480]]

       (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.

[[Page H12481]]

       (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

[[Page H12482]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Davis) and the gentleman from California (Mr. Daniel 
E. Lungren) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. DAVIS of California. Mr. Speaker, I ask unanimous consent that 
all Members have 5 legislative days in which to revise and extend their 
remarks and to include extraneous material on the measure now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. DAVIS of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, on March 31, the House passed H.R. 1299, to make 
technical corrections to laws governing administration of the Capitol 
Police. In the weeks since, the Senate Rules Committee has worked with 
us to improve the bill even further. The results of our joint effort 
are incorporated into the motion before the House.
  I especially want to thank the gentleman from California (Mr. Daniel 
E. Lungren) and his able staff for their invaluable assistance on this 
important bill, and I urge an ``aye'' vote.
  Mr. Speaker, I now want to yield to the gentlewoman from Florida (Ms. 
Castor) such time as she may consume.
  Ms. CASTOR of Florida. I thank my good friend, the gentlewoman from 
California (Mrs. Davis), for yielding me time.
  I rise in support of the United States Capitol Police Administrative 
Technical Corrections Act of 2009. As part of the act, Mr. Speaker, the 
House will consider Senate bill 1023, the Travel Promotion Act, which 
is similar to H.R. 2935 by Representative Delahunt of Massachusetts, a 
bill of which I am pleased to be a cosponsor. I would like to thank 
Congressman Delahunt, who is on the floor here this morning, for 
fighting for jobs for Americans because the Travel Promotion Act is a 
jobs bill. It's a vital economic development initiative to combat the 
economic downturn that we've been battling since the spring of 2008.
  The Travel Promotion Act establishes a nonprofit corporation for 
travel promotion to promote tourism in the United States and to provide 
travel information to people around the world. It is very similar to an 
initiative in my home State of Florida, and we all know that tourism is 
especially important to the State of Florida.
  Florida is a top travel destination from across the globe. The 
millions and millions of tourists who travel to warm and sunny Florida 
support a $57 billion tourism industry and our economy. People come 
from every nation to visit our beautiful beaches, Bush Gardens, Disney 
World, Universal Studios, the Everglades, and more. The Florida economy 
thrives, just like many other States across the Nation, and families 
have good jobs and a clean industry because of tourism.
  Having beaches and attractions often is not enough, however. Florida 
also communicates to the world about Florida vacations through the 
Visit Florida tourism advertising campaign. We have a Web site and many 
outreach efforts, but there is no similar initiative for the United 
States as a whole internationally. So the intent of the Travel 
Promotion Act is to create new jobs through growing tourism nationwide.
  Unfortunately, there are many misconceptions that the United States 
is not a friendly place for international tourists. Other nations 
actively promote international tourism through advertising campaigns 
and outreach, but some say that we have allowed our image to become an 
unwelcome one. Nations that project a welcoming image are reaping 
economic benefits while we run the risk of being left behind.
  Overseas travel in the United States has declined by 10 percent in 
the first quarter of 2009. But we are going to turn that around through 
this Travel Promotion Act. Our travel bill would let world travelers 
know that we want them to visit America's great cities and natural 
wonders. We want the

[[Page H12483]]

world to come and share our culture and experience the richness that is 
the United States of America. Therefore, I urge adoption of the Travel 
Promotion Act to get our economy moving and create jobs.
  Hats off again to Congressman Delahunt and the other sponsors of this 
legislation in the Energy and Commerce Committee. This is an important 
bipartisan effort.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise today in support of this resolution, which 
includes the United States Capitol Police Technical Corrections Act. I 
am pleased to rise in support of the bill which will enable the Chief 
of the Capitol Police to exercise the necessary authority to improve 
operations of the Capitol Police. The bill is an effort to resolve 
conflicting provisions in existing law and eliminate unnecessary 
regulations.
  This bill is the result of the cooperative effort between the 
chairman of the full committee as well as the Subcommittee on Capitol 
Security to facilitate the most efficient framework in which the 
Capitol Police may operate. I am confident this collaborative approach 
will continue, resulting in a safer and more effectively managed 
Capitol complex, and I urge the support of my colleagues.
  As was mentioned, this is combined with a bill on travel. And some 
might say, What do these two separate bills have to do with one 
another? Absolutely nothing.

                              {time}  1115

  Yet what is allowed on this floor, because we adopted yesterday a 
rule, is martial law. What's martial law? It means that the majority at 
any time may bring up any subject whatever, and we suspend all rules. 
``Suspending all rules'' means that you can change every word in a bill 
and can present that on the floor, and we vote on that.
  The only reason I bring this to the attention of my colleagues is 
that some colleagues may not be aware that, sometimes when we bring a 
bill to the floor which has the same name of a bill they passed in 
subcommittee and committee, it may be an entirely different bill. We 
normally have around here a rule of germaneness, but we have a 
suspension of the rules so we can put completely separate, nongermane 
bills together, and that's what we have. It's an interesting comment on 
how we do things here.
  With that, I reserve the balance of my time.
  Mrs. DAVIS of California. Mr. Speaker, I yield once again to the 
gentlewoman from Florida (Ms. Castor).
  Ms. CASTOR of Florida. I thank my colleague from California for 
yielding time.
  Mr. Speaker, at this time, I would like to reference the 
Congressional Record of October 7, 2009. On that date, I entered into a 
colloquy with Congresswoman Loretta Sanchez of the Homeland Security 
Committee during the House's earlier consideration of S. 1023 as 
attached to House Resolution 806. That colloquy and its commitments are 
still valid today as we work again to pass the Tourism Promotion Act.
  I would like to enter into the Record the letters that were cross-
referenced in that colloquy. I would also like to add for the Record 
that we intend to work with Congressman Doyle of Pennsylvania regarding 
nonprofit cultural destinations as part of the bill.

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                  Washington, DC, October 7, 2009.
     Hon. John D. Rockefeller IV,
     Chairman, Senate Committee on Commerce, Science, and 
         Transportation.
     Hon. Amy Klobuchar,
     Chairman, Subcommittee on Competitiveness, Innovation, and 
         Export Promotion.
     Hon. Byron L. Dorgan,
     U.S. Senator.
       Dear Senators Rockefeller, Klobuchar, and Dorgan: As the 
     House may consider S. 1023, the Travel Promotion Act of 2009, 
     shortly, we write to clarify your intent with regard to 
     several provisions in the bill.


                      creation of the corporation

       It is our understanding that the intent of the legislation 
     is for the Department of Commerce to administer grants to the 
     newly created nonprofit, ``Corporation for Travel 
     Promotion.'' It will be left to the judgment of the Secretary 
     of Commerce to transfer sums necessary for the operations of 
     the nonprofit and the administration of the grants. We 
     understand further that the Department of Treasury will hold 
     the separate ``Travel Promotion Fund,'' but will have no 
     substantive role with regard to the Corporation. By having 
     the Department of Commerce issue grants to the Corporation, 
     we can assure the application of Circular A-110, Uniform 
     Administrative Requirements for Grants and Agreements with 
     Institutions of Higher Education, Hospitals, and Other Non-
     Profit Organizations. A-110 imposes a number of requirements 
     on non-profit entities spending federal dollars, including 
     the requirement that contracts target small businesses owned 
     by women and minorities.
       In addition, we appreciate that you share our commitment to 
     diversity on the Corporation Board of Directors. We want to 
     stress that the Secretary of Commerce should make every 
     effort to ensure that the homeland security and small 
     business communities are adequately represented on the 
     Corporation's Board, and that the Board has a balance of 
     gender, ethnicity, and economic status, as well as 
     representatives from both urban and rural areas.
       Also, we understand the importance of a functioning 
     Corporation and the decision to allow expenditures to be made 
     when six Board members are present. We would suggest that for 
     expenditures over $25 million, the Board strive to have more 
     than four members support approval of such an expenditure.
       Moreover, we would expect the Corporation's campaigns to 
     target travelers from a diverse set of regions of the world 
     and to advertise a wide range of destinations across the 
     United States and its territories.


              ii. coordination with the federal government

       Although the legislation creates a requirement that the 
     Corporation consult with the Department of Commerce, we 
     believe that the Corporation should consult regularly with 
     the Departments of State and Homeland Security which also 
     have key responsibilities relating to travel and tourism. For 
     example, it is imperative that the Corporation coordinate on 
     any information it may disseminate regarding entry 
     requirements, required documentation, fees, processes, and 
     information concerning declared public health emergencies and 
     requirements for entering the United States. This 
     coordination is necessary in order to avoid the risk that 
     prospective travelers to the United States could receive 
     conflicting or confusing information regarding entry 
     requirements and processes.


                    iii. travel promotion fund fees

       Under the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (P.L. 100-53), the Secretary of 
     Homeland Security already has authority to charge a fee to 
     cover the cost of administering the Electronic System for 
     Travel Authorization (ESTA), but also has discretion to pay 
     for ESTA with other funds. Similarly, the legislation before 
     us should maintain the Secretary's discretion to determine 
     the most appropriate manner to fund ESTA administration.
       The legislation does not specify how funds collected in 
     excess of $100 million or greater than the needs of the 
     Corporation for Travel Promotion should be used. We believe 
     that these funds should be transferred to the Department of 
     Homeland Security to: 1) reinvest in ESTA to support changes 
     necessary to collect the new fee, and 2) enhance critical 
     border security programs such as US-VISIT and Global Entry. 
     Under the Implementing Recommendations of the 9/11 Commission 
     Act of 2007, full implementation of the US-VISIT air exit 
     capability is required for increased flexibility to expand 
     the Visa Waiver Program, which would help increase tourism to 
     the United States.


                   iv. limitations and accountability

       Furthermore, we believe it is essential to ensure that the 
     Corporation's funds are invested only in low risk vehicles 
     and that none of the funds provided to the Corporation be 
     used to directly promote or advertise a specific corporation. 
     Finally, we understand that under this bill, Congress has 
     full and complete access to the books and records of the 
     Corporation. We would suggest that the Corporation 
     proactively send its marketing plan to Congress.


                               v. summary

       While there is strong support in the House for passage of 
     S. 1023, the Travel Promotion Act of 2009, we remain 
     concerned about some aspects of the bill. We look forward to 
     working with you to conduct vigorous oversight of the Travel 
     Promotion Act once it is law and to make any changes to the 
     legislation that may become necessary. Thank you in advance 
     for clarifying your thoughts on the matters discussed in this 
     letter.
           Sincerely,
     Henry Waxman,
                                                         Chairman.
     John D. Dingell,
     Chairman Emeritus.
                                  ____

         U.S. Senate, Committee on Commerce, Science, and 
           Transportation,
                                  Washington, DC, October 7, 2009.
     Hon. Henry A. Waxman,
     Chairman, House Committee on Energy and Commerce, Rayburn 
         House Office Building, Washington, DC.
     Hon. John D. Dingell,
     Chairman Emeritus, House Committee on Energy and Commerce, 
         Rayburn House Office Building, Washington, DC.
       Dear Chairman Waxman and Chairman Emeritus Dingell: Thank 
     you for your letter regarding S. 1023, the Travel Promotion

[[Page H12484]]

     Act of 2009. We appreciate your significant interest in and 
     contributions to this important piece of economic development 
     legislation.
       Many members of the Senate have praised this legislation 
     for two main reasons. First, the legislation would stimulate 
     the economy at a time when our country is facing record level 
     job losses and deficits. A study by Oxford Economics showed 
     that a coordinated international travel promotion campaign, 
     such as the type that would be created by S. 1023, could 
     drive as much as $8 billion in new spending and create nearly 
     $1 billion in tax revenues annually. Additionally, the 
     Congressional Budget Office found that enacting S. 1023 would 
     have the added benefit of reducing budget deficits by $425 
     million over fiscal years 2010-2019. This is the rare bill 
     that stimulates economic growth while reducing the deficit at 
     the same time.
       Second, S. 1023 is a broadly bipartisan piece of 
     legislation. Authored by Senators Dorgan and Ensign, 53 
     senators signed on as co-sponsors to the measure. The Travel 
     Promotion Act of 2009 passed the Senate on September 9, 2009 
     by a vote of 79-19. While bipartisanship has been difficult 
     to achieve on many issues, the solidarity of support across 
     the aisle shows the Senate's strong commitment to enacting 
     this legislation. The travel industry is crucial to every 
     state and region, and we are excited to join together with 
     you and the members of the House to aid in sending this 
     important bill to President Obama's desk.
       Presuming House passage of the Travel Promotion Act of 2009 
     on Wednesday, October 7, 2009 and the President's signature 
     thereafter, we agree that the efficient and proper 
     implementation of the Act is the cornerstone of a successful 
     and equitable program. As Chairman of the Senate Committee on 
     Commerce, Science, and Transportation, joined by the Chairman 
     of the Subcommittee on Competitiveness, Innovation, and 
     Export Promotion and the author of S. 1023, please find the 
     following statements of intent regarding the Travel Promotion 
     Act of 2009.
       Consultation with the Department of Homeland Security and 
     the Department of State: One of the central purposes of the 
     Travel Promotion Act of 2009 is to assist in disseminating 
     information to foreign travelers about documents and 
     procedures required for admission to the United States. While 
     the Office of Travel Promotion and the Corporation would have 
     the mandated responsibility to serve as an outlet for this 
     information, in no way does the Act change the primary 
     responsibilities of the Departments of State and Homeland 
     Security for this function. The Department of Homeland 
     Security has authority over the entry portals to the United 
     States, and the Department of State is responsible for the 
     execution of the visa policy. The Act does not create an 
     express or implied ability for the Department of Commerce to 
     supersede either agency's responsibilities. The purpose of 
     the Office of Travel Promotion is to educate potential 
     foreign tourists regarding the visa and entry policies set by 
     those agencies--not to change visa and entry policies.
       It is our expectation that the consultation requirements 
     established in Sections 3 and 7 of the Act will establish an 
     open, ongoing and vigorous line of communication between the 
     Departments of Commerce, Homeland Security and State. The 
     goal is for the Commerce Department and the Office of Travel 
     Promotion to work closely with the other agencies to clearly 
     and accurately communicate visa and entry policies and to 
     improve the entry experience for international arrivals. In 
     that vein, we expect the Departments of Homeland Security and 
     State to work with the Department of Commerce to achieve the 
     goals of the Act, and we would insist that the Department of 
     Commerce, the Office of Travel Promotion, or the Corporation 
     for Travel Promotion not go forward with any communication 
     regarding the entry or visa process without prior 
     consultation with the Departments of State and Homeland 
     Security.
       Board of Directors Composition and Guidance: The Secretary 
     of Commerce has the responsibility of appointing the Board of 
     Directors for the Corporation for Travel Promotion, after 
     consultation with the Secretaries of Homeland Security and 
     State. In addition to the mandates regarding the Board 
     expressed in Section 2(a), (b), (c) and (d), we strongly 
     encourage the Secretary of Commerce to select board members 
     that are reflective of the diversity of our country. As with 
     any governmental posting, we would expect the Board to 
     reflect a balance of gender, racial and ethnic diversity.
       Section 2(g) limits the Board's ability to obligate or 
     expend more than $25 million without at least 6 members of 
     the Board present. We would strongly suggest that as part of 
     the Board's procedures and rules of corporate governance that 
     at least 5 members be present before the authorization, 
     obligation or expenditure of any funds for campaigns, 
     promotions or related efforts.
       Small Business Representation and Diversity of Contractors: 
     Approximately 90 percent of all employers that are part of 
     the travel industry are small businesses. One of the primary 
     purposes of the Act is to craft campaigns to encourage 
     overseas travelers to come to America so these small 
     businesses generate new revenue and create new jobs. Because 
     small businesses play a vital role in the travel industry, we 
     strongly encourage the Secretary of Commerce to select board 
     members who have knowledge and expertise of small businesses. 
     We expect the Board and the Executive Director to strive to 
     make certain that promotional efforts benefit small 
     businesses in every region. In the planning and execution of 
     campaigns, the Corporation should make special efforts in the 
     bidding and contract process to target small businesses and 
     businesses owned by women and minorities.
       Considerations for Promotion Campaigns: The Corporation and 
     the Office for Travel Promotion shall plan and execute the 
     promotion campaigns to maximize the return of investment for 
     each advertising dollar expended. The campaigns should be 
     comprehensive in scope and should advertise in all regions of 
     the world to encourage overseas arrivals to the United 
     States.
       Per the mandate in Section 2(e)1(D), the Corporation shall 
     develop and execute a plan to generate international tourism 
     benefits for all states and the District of Columbia and to 
     identify opportunities and strategies to encourage tourism to 
     underserved rural and urban areas equally, including areas 
     not traditionally visited by international travelers. It is 
     our intention that U.S. territories are included in the 
     promotional plan along with the states and District of 
     Columbia. We expect the Corporation and the Office of Travel 
     Promotion to vigorously implement and execute this mandate.
       Accountability and Oversight: Section 3(c) of the Act 
     mandates that the Secretary of Commerce transmit an annual 
     report to Congress, which shall include a comprehensive and 
     detailed report of the operations, activities, financial 
     condition and accomplishments of the Corporation. To aid in 
     the oversight of the Corporation and the Office of Travel 
     Promotion, we strongly suggest the Corporation submit its 
     marketing plan to the Senate Committee on Commerce. Science, 
     and Transportation and the House Committee on Energy and 
     Commerce.
       Corporation for Travel Promotion Funding: The Corporation 
     has the fiduciary duty to collect and ascertain the quality 
     of the private sector contributions, protect the corpus of 
     the fund from undue and unnecessary risks, and to make 
     certain that the funds are not used in a discriminatory 
     fashion.
       In-Kind Goods and Services: The Act allows for up to 80 
     percent of the private sector contribution be fulfilled with 
     in-kind contributions of goods and services that are 
     appropriate to carry out the dictates of the Act. The 
     Corporation shall be very conservative in its acceptance of 
     these goods and services. The contributions must be directly 
     useable for the campaigns, their value assessed at current 
     fair market rates, and they must have true commercial value. 
     In making that evaluation, we suggest that the good or 
     service be able to be sold on the open market and garner the 
     assessed fair market return. As example, but not for the 
     purposes of limiting the discretion of the Corporation, we 
     would consider television air-time or print advertising space 
     to be examples of goods and services that would be 
     appropriate for acceptance and usage.
       Protecting the Corpus of the Fund: As part of its fiduciary 
     duties to protect the Fund, the Board of Directors must 
     invest the fund in conservative investment vehicles, such as 
     Unites States Government Treasury Bills. While the 
     Corporation should invest a $200 million dollar corpus to 
     take advantage of the fund's size to benefit American travel 
     businesses and taxpayers, the Fund should not be exposed to 
     undue risk.
       Prohibition on Discriminatory Fund Distribution and 
     Campaign Focus: As mandated in Section 2(e), the 
     international travel advertising campaign must benefit all 
     states and the District of Columbia. We read this mandate as 
     strictly forbidding the Corporation from expending funds to 
     promote one specific company. The campaign should promote 
     travel to the United States to provide benefits to multiple 
     regions and businesses. A campaign singling out specific 
     travel related companies would violate Section 3(d) of the 
     Act.
       Governmental Responsibilities for Collecting and 
     Distributing Funds: We expect the Departments of Commerce, 
     Homeland Security and Treasury to work together 
     collaboratively to execute the collection and distribution of 
     monies to the Travel Promotion Fund.
       Department of Homeland Security and Electronic System for 
     Travel Authorization (ESTA) Funding Discretion: The Travel 
     Promotion Act of 2009 mandates that the Secretary of Homeland 
     Security establish and collect a fee from visa waiver 
     travelers to use the ESTA for the Travel Promotion Fund and 
     an amount to ensure the costs of providing and administering 
     the system. This mandate does not supersede or limit any 
     additional authority or discretion for the Department of 
     Homeland Security to pay for ESTA administration with other 
     funds. The need for this additional ESTA fee is at the 
     determination of the Secretary. If the ESTA system is funded 
     by other means, the Secretary of Homeland Security shall 
     collect the minimum $10 for the Travel Promotion Fund as 
     mandated by the Travel Promotion Act of 2009.
       Usage of Fees after seeding the Travel Promotion Fund: The 
     Travel Promotion Fund Fee as established in Section 5 of the 
     Act is to provide the funding level mandated by the year of 
     collection. After the Federal contribution level for the Fund 
     has reached its annual cap, we strongly suggest that any 
     funds collected beyond that level may be used to complete 
     visa waiver system improvements to the ESTA.
       The Department of Commerce is the Primary Agency: The 
     Department of Commerce

[[Page H12485]]

     is responsible for administering the Travel Promotion Fund. 
     As part of the Secretary's duties, which include selecting 
     the Board of Directors of the Corporation, overseeing the 
     Office of Travel Promotion within the Department, and 
     executing the accountability measures mandated by the Act, 
     the Secretary also is responsible for administering the Fund. 
     The Department of the Treasury is not responsible for 
     administering the Travel Promotion Fund; its responsibilities 
     are limited to holding and distributing the funds to the 
     Corporation of Travel Promotion.
       Again, we thank you for your consideration and assistance 
     in bringing the Travel Promotion Act of 2009 before the House 
     for a vote. The Senate Committee on Commerce, Science and 
     Transportation will stand with you to execute aggressive and 
     exacting oversight of the implementation and execution of S. 
     1023. As always, we look forward to working with you on this 
     and other matters before our Committees.
           Sincerely,
     John D. Rockefeller IV,
       Chairman.
     Amy Klobuchar,
       Chairman, Subcommittee on Competitiveness, Innovation and 
     Export Promotion.
     Byron Dorgan,
       U.S. Senator.

  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield 1 minute to 
the distinguished gentleman from Missouri (Mr. Blunt).
  Mr. BLUNT. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of both the Capitol Police 
Administrative Technical Corrections Act, which is an important bill 
which is appropriately championed by Mr. Brady, by Mr. Lungren, and by 
others, and I also hope that whatever the rules are today that they 
allow us to finally pass the Travel Promotion Act.
  I, along with Ms. Castor, would refer my colleagues to the comments 
made on October 7, the colloquies entered into on October 7, which was 
when the Travel Promotion Act was last considered. My good friend Mr. 
Delahunt and I worked on an act highly similar to this in the last 
Congress. The House passed it in the last Congress. The House has 
passed it in this Congress. I look forward to the House's passing it 
again today.
  Again, I want to particularly thank Mr. Delahunt for his efforts on 
this bill. Sam Farr, who is the cochairman, along with me, of the 
Travel and Tourism Caucus, has been a leader in this as well.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. DANIEL E. LUNGREN of California. I yield the gentleman 1 
additional minute.
  Mr. BLUNT. There are 17 million jobs in the travel and tourism 
industry, and 200,000 of those jobs have been lost this year already. 
This bill is a step in the right direction of encouraging foreign 
travelers to stay longer, as I'm sure I must have said on October 7. 
They spend more money in their travel than do domestic travelers. Their 
trips are, on average, longer. Frankly, in virtually every instance, 
they leave the United States of America understanding us better and 
liking us better. This is an important diplomatic tool as well as an 
important economic tool.
  Mr. Speaker, I look forward to seeing this bill pass the House and 
the Senate, and hopefully this year, Mr. Delahunt and I, if we're not 
with the President when he signs the bill, we'll at least know that the 
President has finally signed this bill into law.
  Mrs. DAVIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from Massachusetts (Mr. Delahunt).
  Mr. DELAHUNT. I thank the gentlewoman.
  I just want to take the time to convey my thanks and my gratitude to 
the gentleman from Missouri. This has been an arduous trip on occasion, 
but I can't imagine this bill coming at a more propitious time given 
the news on unemployment.
  As Mr. Blunt said and as Ms. Castor said--and let me, too, 
acknowledge her tremendous leadership in terms of enhancing and 
promoting tourism, not just in the State of Florida but in this 
country. This bill will provide a stimulus to an important segment of 
our economy that has seen, over the course of time, a declining market 
share of international visitors.
  The gentleman from Missouri is correct. This, too, is a diplomatic 
tool as far as how the United States is perceived by people from abroad 
and by nations whom we will need in terms of securing our objectives in 
terms of foreign policy.
  Again, thank you, Mr. Blunt, and thank you, Ms. Castor.
  Mr. DANIEL E. LUNGREN of California. I yield myself such time as I 
may consume.
  Mr. Speaker, my friend, the gentleman from Massachusetts, said that 
this is a propitious time for the Travel Promotion bill to be 
considered on the floor because of the discouraging news we received 
today about unemployment--10.2 percent. That is the highest 
unemployment rate experienced in this country in 26 years--10.2 
percent.
  In my home State of California, we haven't received the most up-to-
date figures, but the figures as of last month were 12.2 percent--over 
10 percent for the Nation, over 12 percent for my State. My district is 
even higher than that, I believe. A propitious time to consider this 
bill since we have lost, by some estimates, as much as 200,000 jobs in 
the travel industry.
  But is this a propitious time for us to be considering a health care 
bill which, by objective analysis by a number of different observers, 
will cause us to lose millions of jobs?
  I've been home to my district. I realize that, by the Gregorian 
calendar, we have 12 months out of the year, but by the Pelosian 
calendar, we only have 11 months out of the year because we have been 
told to ignore August--it didn't exist--just as we are to ignore those 
thousands of everyday Americans who showed up yesterday, just as, 
presumably, the leaders in the AMA are ignoring their rank-and-file 
doctors who are today bringing forward a vote of ``no confidence'' 
against their board of directors for supporting the health care bill 
that is going to be presented to us sometime this week.
  That's the bill that we were going to vote on in June, July, August, 
September, October, November, yesterday, today, tomorrow, maybe the 
next day. The President of the United States was going to come up here 
and, we understand, speak to our colleagues on the majority side 
yesterday, then today. We understand now it's going to be tomorrow.
  The reason I bring this up is that, when I speak to my folks back 
home--and I was on a tele-town hall meeting last night and spoke with 
thousands of them--the first thing on their minds are jobs. The first 
thing on their minds is the economy. The first thing on their minds is 
whether or not they can take care of their families. At this time, at 
this propitious time, at this time when we have received with a thud 
the report that the unemployment rate is 10.2 percent, we have decided 
that we must consider a bill with very few, if any, amendments allowed, 
creating a new government takeover of health care that's going to cost 
trillions of dollars.
  Someone on my tele-town hall last night said, Congressman, can you 
explain to me why in the bill that you're going to vote on this week 
the so-called benefits in it are not going to take place for several 
years?
  I had to explain it's because you want to bring the costs down when 
you explain it to the public, so you're going to start the taxes in 
year one, but you're not going to start the benefits from the program 
until year four or five, so at the end of 10 years, the net costs will 
be less than they would be if it were fully implemented.
  Now, maybe I take this a little personally because part of what they 
have in here is a 2.5 percent tax on medical instruments, on medical 
equipment, including, by the way, new hips. So now, in this country, if 
you have a new hip, as I did a year ago, you will be taxed for the 
privilege of having that operation done in the United States, 2.5 
percent. I thought we were concerned about bringing costs down. For a 
wheelchair, you're going to have an extra tax on that. I don't 
understand why we are doing this. Oh, yes. We're going to have taxes of 
huge amounts on business. Small businesses and medium-sized businesses 
are going to have taxes imposed on them in the hundreds of millions of 
dollars.
  So, as the gentleman from Massachusetts said, this is a propitious 
moment. We are being confronted with the magnitude of the economic 
downturn that affects each and every one of our constituents. So what 
are we giving them in return?

[[Page H12486]]

  We have a bill that is going to create 111 new programs, boards, 
bureaucracies, and commissions. I have had town hall after town hall, 
tele-town hall after tele-town hall. Not a single member of my 
constituency, not a single, average, everyday American has said, Please 
create 111 new programs. Please create 111 new boards, bureaucracies, 
and commissions. Please put another $1 trillion or $2 trillion on our 
backs. Please add new taxes. By the way, that doesn't include the $200 
billion doc fix that's going to be put in another bill so that we 
pretend it is not there.
  A 2.5 percent tax on individuals who fail to purchase health 
insurance. A 2.5 percent excise tax on medical devices. A 5.4 percent 
surtax on ``high-income'' filers, over 50 percent of which are small 
businesses and which file as individuals. An 8 percent tax on employers 
who cannot afford to purchase government-approved health care benefits.
  A propitious time, yes.
  Now, I happen to represent a district in which we have 42,000 
seniors--people over 65--who have made the voluntary decision to sign 
up for Medicare Advantage. There are 42,000 seniors in my district 
alone, and there are millions around the country. This bill cuts over 
$150 billion from that program; $150 billion from that program. When I 
speak to people in my district, they tell me it will gut that program.
  So, as we consider a bill here dealing with travel at the propitious 
time of confronting the unemployment rate, one has to ask oneself: Why 
would we be forced to vote on a bill that will have an immediate short-
term and long-term impact of killing jobs in this country? It does not 
make sense.
  I also wonder whether any bill has had more uses of the word 
``shall'' than the bill we are going to consider this week. By my 
count, there are 3,425 uses of the word ``shall'' in the bill that we 
are to be presented. Now, for those who don't fully appreciate 
statutory construction, the word ``shall'' means ``mandate.'' It means 
``you must.'' There is no discretion.

                              {time}  1130

  Then 3,425 times, this bill, if it becomes law, will command people, 
including average everyday American citizens to do something. They will 
have no discretion about it. They will be required to do that; 3,425 
instances of that.
  And so, Mr. Speaker, as we all, I hope, support the bill that is 
before us at this time, providing direction for the Capitol Police in a 
more efficient operation of their force, and as we have combined it 
with the travel promotion authority, which many people believe will 
help us deal with the loss of jobs in the travel industry, I still have 
to ask, Why would we be running pell-mell towards voting for a bill 
that will take over one-sixth of the economy of the United States and, 
by outside objective analysis, will result in the loss of millions of 
jobs in this country, primarily in the small business community? It 
defies logic. And while the majority is allowed to bring up anything on 
the floor under the prevailing rule for these several days called 
martial law, it doesn't have to be germane with anything else, you 
would hope that there would at least be the concept of consistency if 
we are truly concerned about the unemployed in America; if we know that 
10.2 percent is much more than a number, that it reflects real live 
human beings who have lost their jobs. Remember, this doesn't count the 
hundreds of thousands of discouraged workers, those who are so 
discouraged by the current economic situation they are no longer 
looking for jobs and, therefore, they are not counted in this number. 
We know we have lost hundreds of thousands of those people as well. 
They are people with children, people with wives, people with husbands, 
people with grandparents and parents, people who have bills to pay, 
these are the people who are hurting. And for us to do something in 
this House which is going to even cause them more difficulty is beyond 
me.
  So I would just ask this: If this is a propitious time for us to 
consider a travel promotion bill because of the unemployment that's 
faced by that particular segment of our society, is it not a propitious 
time for us to acknowledge that maybe we ought to withdraw, go back to 
the drawing board and come up with a bill that deals with the concerns, 
the legitimate concerns about the shortcomings of our health care 
system but that does not at the same time destroy jobs? That may be a 
rhetorical question, but the answer to that question is very real to 
the people back home.
  Once again, Mr. Speaker, I want to thank my colleagues on the 
majority side for having worked so closely with us on this bill that's 
before us now.
  I would urge support for this bill.
  With that, Mr. Speaker, I yield back the balance of my time.
  Mrs. DAVIS of California. My colleague from California, I certainly 
appreciate the work that we have done together on the Administration 
Committee. He speaks of this propitious time for trade, for travel 
promotion, and what we are trying to speak to here today.
  I would suggest to him that it's also a propitious time, as it was on 
travel promotion, to work together in a bipartisan fashion and to try 
to work out the details of this kind of legislation over a period of 
time. It's been that same kind of propitious time that we would have 
liked to have worked on health care in that way, to have had people 
come together and really want to try and solve these issues for the 
American people.
  What we have tried to do is keep the American people in the center of 
this discussion, to keep consumer protections for the American people 
in the center of this discussion. We saw that Consumers Union recently 
endorsed the health care proposal. People trust Consumers Union. When 
they are going to purchase something, a major purchase, they want to 
look it up in Consumer Reports, and they want to see what they are 
saying about it. I think it speaks well to what we have brought 
together here that Consumers Union is supportive of our efforts. It is 
a propitious time.
  It's too bad that we weren't able to work together in the way that my 
colleagues were able to work on this trade promotion. But I have to 
think about the people in my district who have become bankrupt because 
of their health care bills. I have to think about the people who know 
that they are just an illness away from losing their insurance; that 
preexisting conditions can even be a pregnancy in some cases. That's 
wrong.
  We're focusing on the American people, on consumers, on people who 
would love to be able to even change a job that they have been in, that 
they know they can do better, they can innovate, they can change. They 
can't do that today because they are too afraid of losing their health 
insurance.
  Mr. Speaker, I am pleased that we are able to address the issues 
governing the administration of the Capitol Police here today. I am 
very pleased as a Californian and as a San Diegan that we are 
addressing these issues on trade promotion today. That is very 
important. It is a propitious time to do that. But we also acknowledge 
that it's a propitious time for us to work together on the issues that 
the American people care about. That's what we are trying to do.
  I urge an ``aye'' vote on this legislation.
  Mr. WELCH. Mr. Speaker, I want to thank Representative Delahunt for 
working diligently to ensure the passage of the Travel Promotion Act of 
2009. As the U.S. slips further behind other countries in attracting 
international visitors, we must take a look at how we are promoting and 
marketing our country, and find innovative solutions to strengthen the 
travel industry. I am proud to be a sponsor of this legislation in 
House.
  The Travel Promotion Act addresses some of the important strategies 
that will provide greater outreach to international tourists and find 
ways to bring them here--to visit, to spend, and to learn about our 
country.
  In my state of Vermont, our tourism economy is one of the most 
precious and valuable economic development engines we have. From our 
small bed and breakfast sector, to our crafts, and our cultural 
festivals, to being the home of Ben & Jerry's and some of the best 
skiing in the country--Vermont is a tourist destination, and this 
legislation will help it grow.
  However, I want to also point out the importance of supporting 
cultural tourism in this country. This legislation and its 
implementation should remember that not all states have a major theme 
park or world-class resorts. But all states have cultural and heritage 
resources that are valuable and critical to tourism. I hope

[[Page H12487]]

that when this legislation is implemented, cultural tourism will be 
strengthened through it.
  I urge my colleagues on both sides of the aisle to join me in 
supporting this important legislation.
  Ms. BERKLEY. Mr. Speaker, I rise today once again in strong support 
of the Travel Promotion Act. In these difficult economic times, this 
bill is vital for our Nation's economy.
  Last year the U.S. lost nearly 200,000 travel-related jobs. In my 
district, we have been hit particularly hard, with one of the highest 
unemployment rates in the country and a hotel occupancy rate among the 
lowest we've ever seen.
  The Travel Promotion Act would help bring back those jobs and put 
Americans back to work. Independent economists have said that every 
dollar spent on this program will bring in three dollars in increased 
revenue--from the added jobs and economic growth that we will see from 
increased tourism to our country. And this can all be accomplished 
without adding to the Nation's debt.
  Every State in our Nation benefits from tourism--whether you have 
mountains, beaches, amusement parks, vineyards, ballparks, historic 
monuments or casinos, we all benefit from this bill.
  This is a common sense piece of legislation that will help energize 
our economy at a time when we need it most. I urge support for the 
bill.
  Mrs. DAVIS of California. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Davis) that the House suspend the 
rules and agree to the resolution, H. Res. 896.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________