Text: H.R.1299 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-145 (03/04/2010)

 
[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>