    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-145
    111th Congress

    An Act

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

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

    This Act may be cited as the ``United States Capitol Police
    Administrative Technical Corrections Act of 2009''.
    SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF THE CAPITOL
    POLICE.

    (a) Clarification of Certain Hiring Authorities.--
    (1) Chief administrative officer.--Section 108(a) of the
    Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a))
    is amended to read as follows:

    ``(a) Chief Administrative Officer.--
    ``(1) Establishment.--There shall be within the United
    States Capitol Police an Office of Administration, to be headed
    by the Chief Administrative Officer, who shall report to and
    serve at the pleasure of the Chief of the Capitol Police.
    ``(2) Appointment.--The Chief Administrative Officer shall
    be appointed by the Chief of the United States Capitol Police,
    after consultation with the Capitol Police Board, without regard
    to political affiliation and solely on the basis of fitness to
    perform the duties of the position.
    ``(3) Compensation.--The annual rate of pay for the Chief
    Administrative Officer shall be the amount equal to $1,000 less
    than the annual rate of pay in effect for the Chief of the
    Capitol Police.''.
    (2) Administrative provisions.--Section 108 of the
    Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is
    amended by striking subsection (c).
    (3) Certifying officers.--Section 107 of the Legislative
    Branch Appropriations Act, 2001 (2 U.S.C. 1904) is amended--
    (A) in subsection (a), by striking ``the Capitol
    Police Board'' and inserting ``the Chief of the Capitol
    Police''; and
    (B) in subsection (b)(1), by striking ``the Capitol
    Police Board'' and inserting ``the Chief of the Capitol
    Police''.
    (4) Personnel actions of the chief of the capitol police.--
    (A) In general.--Section 1018(e) of the Legislative
    Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)) is

    [[Page 50]]

    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

    [[Page 51]]

    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.

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    (4) Technical <> and conforming amendment.--
    House Resolution 661, Ninety-fifth Congress, agreed to July 29,
    1977, as enacted into permanent law by section 111 of the
    Legislative Branch Appropriation <> Act, 1979
    (2 U.S.C. 1901 note) is repealed.
    (5) No effect on current general counsel.--Nothing in this
    subsection or the amendments made by this subsection may be
    construed to affect the status of the individual serving as the
    General Counsel to the Chief of Police and the United States
    Capitol Police as of the date of the enactment of this Act.

    (b) Legal Representation Authority.--
    (1) In general.--Section 1002(a)(2)(A) of the Legislative
    Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is
    amended by striking ``the General Counsel for the United States
    Capitol Police Board and the Chief of the Capitol Police'' and
    inserting ``the General Counsel to the Chief of Police and the
    United States Capitol Police''.
    (2) No <> effect on current
    proceedings.--Nothing in the amendment made by paragraph (1) may
    be construed to affect the authority of any individual to enter
    an appearance in any proceeding before any court of the United
    States or of any State or political subdivision thereof which is
    initiated prior to the date of the enactment of this Act.
    SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF OF POLICE AND THE UNITED
    STATES CAPITOL POLICE.

    (a) Legal Representation Authority.--
    (1) In general.--Section 1002(a)(2)(B) of the Legislative
    Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(B)) is
    amended by striking ``the Employment Counsel for the United
    States Capitol Police Board and the United States Capitol
    Police'' and inserting ``the Employment Counsel to the Chief of
    Police and the United States Capitol Police''.
    (2) No <> effect on current
    proceedings.--Nothing in the amendment made by paragraph (1) may
    be construed to affect the authority of any individual to enter
    an appearance in any proceeding before any court of the United
    States or of any State or political subdivision thereof which is
    initiated prior to the date of the enactment of this Act.

    (b) No <> Effect on Current Employment
    Counsel.--Nothing in this section or the amendments made by this section
    may be construed to affect the status of the individual serving as the
    Employment Counsel to the Chief of Police and the United States Capitol
    Police as of the date of the enactment of this Act.
    SEC. 5. <> CLARIFICATION OF AUTHORITIES
    REGARDING CERTAIN PERSONNEL BENEFITS.

    (a) No Lump-Sum Payment Permitted for Unused Compensatory Time.--
    (1) In general.--No officer or employee of the United States
    Capitol Police whose service with the United States Capitol
    Police is terminated may receive any lump-sum payment with
    respect to accrued compensatory time off, except to the extent
    permitted under section 203(c)(4) of the Congressional
    Accountability Act of 1995 (2 U.S.C. 1313(c)(4)).
    (2) Repeal of related obsolete provisions.--

    [[Page 53]]

    (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.

    [[Page 54]]

    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.

    [[Page 55]]

    (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''.

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    (d) Effective <> Date.--The amendments made
    by this section shall take effect as though enacted as part of section
    1018 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907).
    SEC. 8. <> LAW ENFORCEMENT AUTHORITY OF
    SERGEANT-AT-ARMS AND DOORKEEPER OF THE SENATE.

    (a) In General.--The Sergeant-at-Arms and Doorkeeper of the Senate
    shall have the same law enforcement authority, including the authority
    to carry firearms, as a member of the Capitol Police. The law
    enforcement authority under the preceding sentence shall be subject to
    the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate
    have the qualifications specified in subsection (b).
    (b) Qualifications.--The qualifications referred to in subsection
    (a) are the following:
    (1) A minimum of 5 years of experience as a law enforcement
    officer before beginning service as the Sergeant-at-Arms and
    Doorkeeper of the Senate.
    (2) Current certification in the use of firearms by the
    appropriate Federal law enforcement entity or an equivalent non-
    Federal entity.
    (3) Any other firearms qualification required for members of
    the Capitol Police.

    (c) Regulations.--The Committee on Rules and Administration of the
    Senate shall have authority to prescribe regulations to carry out this
    section.
    SEC. 9. <> TRAVEL PROMOTION ACT OF 2009.

    (a) Short Title.--This section may be cited as the ``Travel
    Promotion Act of 2009''.
    (b) The Corporation for Travel Promotion.--
    (1) Establishment.--The Corporation for Travel Promotion is
    established as a nonprofit corporation. The Corporation shall
    not be an agency or establishment of the United States
    Government. The Corporation shall be subject to the provisions
    of the District of Columbia Nonprofit Corporation Act (D.C.
    Code, section 29-1001 et seq.), to the extent that such
    provisions are consistent with this subsection, and shall have
    the powers conferred upon a nonprofit corporation by that Act to
    carry out its purposes and activities.
    (2) Board of directors.--
    (A) In general.--The Corporation shall have a board
    of directors of 11 members with knowledge of
    international travel promotion and marketing, broadly
    representing various regions of the United States, who
    are United States
    citizens. <> Members of the board
    shall be appointed by the Secretary of Commerce (after
    consultation with the Secretary of Homeland Security and
    the Secretary of State), as follows:
    (i) 1 shall have appropriate expertise and
    experience in the hotel accommodations sector;
    (ii) 1 shall have appropriate expertise and
    experience in the restaurant sector;
    (iii) 1 shall have appropriate expertise and
    experience in the small business or retail sector
    or in associations representing that sector;
    (iv) 1 shall have appropriate expertise and
    experience in the travel distribution services
    sector;

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    (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.--

    [[Page 58]]

    (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;

    [[Page 59]]

    (ii) to identify, counter, and correct
    misperceptions regarding United States entry
    policies around the world;
    (iii) to maximize the economic and diplomatic
    benefits of travel to the United States by
    promoting the United States of America to world
    travelers through the use of, but not limited to,
    all forms of advertising, outreach to trade shows,
    and other appropriate promotional activities;
    (iv) to ensure that international travel
    benefits all States and the District of Columbia
    and to identify opportunities and strategies to
    promote tourism to rural and urban areas equally,
    including areas not traditionally visited by
    international travelers; and
    (v) to give priority to the Corporation's
    efforts with respect to countries and populations
    most likely to travel to the United States.
    (B) Specific powers.--In order to carry out the
    purposes of this subsection, the Corporation may--
    (i) obtain grants from and make contracts with
    individuals and private companies, State, and
    Federal agencies, organizations, and institutions;
    (ii) hire or accept the voluntary services of
    consultants, experts, advisory boards, and panels
    to aid the Corporation in carrying out its
    purposes; and
    (iii) take such other actions as may be
    necessary to accomplish the purposes set forth in
    this subsection.
    (C) Public outreach and <> information.--The Corporation shall develop and
    maintain a publicly accessible website.
    (6) Open meetings.--Meetings of the board of directors of
    the Corporation, including any committee of the board, shall be
    open to the public. The board may, by majority vote, close any
    such meeting only for the time necessary to preserve the
    confidentiality of commercial or financial information that is
    privileged or confidential, to discuss personnel matters, or to
    discuss legal matters affecting the Corporation, including
    pending or potential litigation.
    (7) Major campaigns.--The board may not authorize the
    Corporation to obligate or expend more than $25,000,000 on any
    advertising campaign, promotion, or related effort unless--
    (A) the obligation or expenditure is approved by an
    affirmative vote of at least 2/3 of the members of the
    board present at the meeting;
    (B) at least 6 members of the board are present at
    the meeting at which it is approved; and
    (C) each member of the board has been given at least
    3 days advance notice of the meeting at which the vote
    is to be taken and the matters to be voted upon at that
    meeting.
    (8) Fiscal accountability.--
    (A) Fiscal year.--The Corporation shall establish as
    its fiscal year the 12-month period beginning on October
    1.
    (B) Budget.--The Corporation shall adopt a budget
    for each fiscal year.

    [[Page 60]]

    (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);

    [[Page 61]]

    (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--

    [[Page 62]]

    (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.--

    [[Page 63]]

    (1) In general.--Except as otherwise provided in this
    subsection, the Corporation may impose an annual assessment on
    United States members of the international travel and tourism
    industry (other than those described in subsection
    (b)(2)(A)(iii) or (H)) represented on the Board in proportion to
    their share of the aggregate international travel and tourism
    revenue of the industry. The Corporation shall be responsible
    for verifying, implementing, and collecting the assessment
    authorized by this subsection.
    (2) Initial assessment limited.--The Corporation may
    establish the initial assessment after the date of enactment of
    this section at no greater, in the aggregate, than $20,000,000.
    (3) Referenda.--
    (A) In general.--The Corporation may not impose an
    annual assessment unless--
    (i) the Corporation submits the proposed
    annual assessment to members of the industry in a
    referendum; and
    (ii) the assessment is approved by a majority
    of those voting in the referendum.
    (B) Procedural requirements.--
    In <> conducting a referendum
    under this paragraph, the Corporation shall--
    (i) provide written or electronic notice not
    less than 60 days before the date of the
    referendum;
    (ii) describe the proposed assessment or
    increase and explain the reasons for the
    referendum in the notice; and
    (iii) determine the results of the referendum
    on the basis of weighted voting apportioned
    according to each business entity's relative share
    of the aggregate annual United States
    international travel and tourism revenue for the
    industry per business entity, treating all related
    entities as a single entity.
    (4) Collection.--
    (A) In general.--The Corporation shall establish a
    means of collecting the assessment that it finds to be
    efficient and effective. The Corporation may establish a
    late payment charge and rate of interest to be imposed
    on any person who fails to remit or pay to the
    Corporation any amount assessed by the Corporation under
    this section.
    (B) Enforcement.--The Corporation may bring suit in
    Federal court to compel compliance with an assessment
    levied by the Corporation under this section.
    (5) Investment of funds.--Pending disbursement pursuant to a
    program, plan, or project, the Corporation may invest funds
    collected through assessments, and any other funds received by
    the Corporation, only in obligations of the United States or any
    agency thereof, in general obligations of any State or any
    political subdivision thereof, in any interest-bearing account
    or certificate of deposit of a bank that is a member of the
    Federal Reserve System, or in obligations fully guaranteed as to
    principal and interest by the United States.

    (g) Office of Travel Promotion.--Title II of the International
    Travel Act of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting
    after section 201 the following:

    [[Page 64]]

    ``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--

    [[Page 65]]

    ``(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.''.

    Approved March 4, 2010.

    LEGISLATIVE HISTORY--H.R. 1299:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-66 (Comm. on House Administration).
    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Mar. 31, considered and passed
    House.
    Oct. 29, considered and passed
    Senate, amended.
    Nov. 6, House concurred in Senate
    amendment with an amendment
    pursuant to H. Res. 896.
    Vol. 156 (2010):
    Feb. 24, 25, Senate considered and
    concurred in House amendment.