[111th Congress Public Law 145]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 49]]
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. <<NOTE: Mar. 4, 2010 - [H.R. 1299]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States
Capitol Police Administrative Technical Corrections Act of 2009.>>
SECTION 1. <<NOTE: 2 USC 1901 note.>> 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 124 STAT. 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 <<NOTE: Notice. Time period.>> 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 <<NOTE: Repeal.>> authority.--
Section 1823 of the Revised Statutes of the United
States (2 U.S.C. 1928) is repealed.
(ii) Pay <<NOTE: Repeal.>> 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), <<NOTE: 2 USC
1929.>> 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 <<NOTE: 2 USC 1301 note.>> 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 <<NOTE: 2 USC 1903 note.>> 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 124 STAT. 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 <<NOTE: 2 USC 1905 note.>> 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 <<NOTE: 2 USC 1981 note.>> 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 <<NOTE: 2 USC 1911.>> 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.
[[Page 124 STAT. 52]]
(4) Technical <<NOTE: Repeal.>> 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 <<NOTE: 2 USC 84-2.>> 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 <<NOTE: 2 USC 1908 note.>> 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 <<NOTE: 2 USC 1908 note.>> 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 <<NOTE: 2 USC 1908 note.>> 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. <<NOTE: 2 USC 1933.>> 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 124 STAT. 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 <<NOTE: Repeal.>> 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 124 STAT. 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 <<NOTE: 2 USC 1901 note.>> 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 124 STAT. 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) <<NOTE: 2 USC 1901.>> 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 <<NOTE: 2 USC 1901 note.>> 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''.
[[Page 124 STAT. 56]]
(d) Effective <<NOTE: 5 USC 2107 note.>> 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. <<NOTE: 2 USC 61f-14.>> 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. <<NOTE: Travel Promotion Act of 2009. 22 USC
2131.>> 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. <<NOTE: Appointment.>> 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;
[[Page 124 STAT. 57]]
(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 <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Plan.>> 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 124 STAT. 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 <<NOTE: Web
site.>> 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 124 STAT. 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 <<NOTE: Deadlines. Review.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Marketing plan.>> 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 <<NOTE: Public information. Web
posting.>> 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 124 STAT. 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) <<NOTE: Deadlines.>> 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 <<NOTE: Effective date.>> 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 124 STAT. 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 <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Notice. Deadline.>> 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 124 STAT. 64]]
``SEC. 202. <<NOTE: 22 USC 2123.>> 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. <<NOTE: 22 USC 2123a.>> 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 124 STAT. 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.
<all>