Travel Promotion Act

PUBLIC LAW 111–145—MAR. 4, 2010

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.

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,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘United States Capitol Police
Administrative Technical Corrections Act of 2009’’.

United States
Capitol Police
Administrative
Technical
Corrections Act
of 2009.
2 USC 1901 note.

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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

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124 STAT. 50

Notice.
Time period.

Repeal.

Repeal.

2 USC 1929.

2 USC 1301 note.

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2 USC 1903 note.

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PUBLIC LAW 111–145—MAR. 4, 2010
amended by striking paragraph (1) and inserting the following:
‘‘(1) AUTHORITY.—
‘‘(A) IN GENERAL.—The Chief of the Capitol Police,
in carrying out the duties of office, is authorized to appoint,
hire, suspend with or without pay, discipline, discharge,
and set the terms, conditions, and privileges of employment
of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations.
‘‘(B) SPECIAL RULE FOR TERMINATIONS.—The Chief may
terminate an officer, member, or employee only after the
Chief has provided notice of the termination to the Capitol
Police Board (in such manner as the Board may from
time to time require) and the Board has approved the
termination, except that if the Board has not disapproved
the termination prior to the expiration of the 30-day period
which begins on the date the Board receives the notice,
the Board shall be deemed to have approved the termination.
‘‘(C) NOTICE OR APPROVAL.—The Chief of the Capitol
Police shall provide notice or receive approval, as required
by the Committee on Rules and Administration of the
Senate and the Committee on House Administration of
the House of Representatives, as each Committee determines appropriate for—
‘‘(i) the exercise of any authority under subparagraph (A); or
‘‘(ii) the establishment of any new position for officers, members, or employees of the Capitol Police, for
reclassification of existing positions, for reorganization
plans, or for hiring, termination, or promotion for officers, members, or employees of the Capitol Police.’’.
(B) TECHNICAL AND CONFORMING AMENDMENTS.—
(i) SUSPENSION AUTHORITY.—Section 1823 of the
Revised Statutes of the United States (2 U.S.C. 1928)
is repealed.
(ii) PAY OF MEMBERS UNDER SUSPENSION.—The proviso in the Act of Mar. 3, 1875 (ch. 129; 18 Stat.
345), popularly known as the ‘‘Legislature, Executive,
and Judicial Appropriation Act, fiscal year 1876’’,
which is codified at section 1929 of title 2, United
States Code (2000 Editions, Supp. V), is repealed.
(5) CONFORMING APPLICATION OF CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.—
(A) IN GENERAL.—Section 101(9)(D) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(9)(D))
is amended by striking ‘‘the Capitol Police Board,’’ and
inserting ‘‘the United States Capitol Police,’’.
(B) NO EFFECT ON CURRENT PROCEEDINGS.—Nothing
in the amendment made by subparagraph (A) may be construed to affect any procedure initiated under title IV of
the Congressional Accountability Act of 1995 prior to the
date of the enactment of this Act.
(6) NO EFFECT ON CURRENT PERSONNEL.—Nothing in the
amendments made by this subsection may be construed to
affect the status of any individual serving as an officer or

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PUBLIC LAW 111–145—MAR. 4, 2010

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 DATE.—The amendments made by paragraph
(1) shall take effect as if included in the enactment of the
Supplemental Appropriations Act, 2001.
(c) PRIOR NOTICE TO AUTHORIZING COMMITTEES OF DEPLOYMENT OUTSIDE JURISDICTION.—Section 1007(a)(1) of the Legislative
Branch Appropriations Act, 2005 (2 U.S.C. 1978(a)(1)) is amended
by striking ‘‘prior notification to’’ and inserting the following: ‘‘prior
notification to the Committee on House Administration of the House
of Representatives, the Committee on Rules and Administration
of the Senate, and’’.
(d) ADVANCE PAYMENTS FOR SUBSCRIPTION SERVICES.—
(1) IN GENERAL.—Section 1002 of the Legislative Branch
Appropriations Act, 2008 (Public Law 110–161; 2 U.S.C. 1981)
is amended by inserting ‘‘the Committee on House Administration of the House of Representatives, and the Committee on
Rules and Administration of the Senate’’ after ‘‘the Senate,’’.
(2) EFFECTIVE DATE AND APPLICATION.—The amendment
made by this subsection shall take effect 30 days after the
date of enactment of this Act and apply to payments made
on or after that effective date.

2 USC 1905 note.

2 USC 1981 note.

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SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND THE
UNITED STATES CAPITOL POLICE.

(a) APPOINTMENT AND SERVICE.—
(1) IN GENERAL.—There shall be within the United States
Capitol Police the General Counsel to the Chief of Police and
the United States Capitol Police (in this subsection referred
to as the ‘‘General Counsel’’), who shall report to and serve
at the pleasure of the Chief of the United States Capitol Police.
(2) APPOINTMENT.—The General Counsel shall be appointed
by the Chief of the Capitol Police in accordance with section
1018(e)(1) of the Legislative Branch Appropriations Act, 2003
(2 U.S.C. 1907(e)(1)) (as amended by section 2(a)(4)), after
consultation with the Capitol Police Board, without regard to
political affiliation and solely on the basis of fitness to perform
the duties of the position.
(3) COMPENSATION.—
(A) IN GENERAL.—Subject to subparagraph (B), the
annual rate of pay for the General Counsel shall be fixed
by the Chief of the Capitol Police.
(B) LIMITATION.—The annual rate of pay for the General Counsel may not exceed an annual rate equal to $1,000
less than the annual rate of pay in effect for the Chief
of the Capitol Police.

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2 USC 1911.

PUBL145

124 STAT. 52

PUBLIC LAW 111–145—MAR. 4, 2010
(4) TECHNICAL AND CONFORMING AMENDMENT.—House
Resolution 661, Ninety-fifth Congress, agreed to July 29, 1977,
as enacted into permanent law by section 111 of the Legislative
Branch Appropriation Act, 1979 (2 U.S.C. 1901 note) is
repealed.
(5) NO EFFECT ON CURRENT GENERAL COUNSEL.—Nothing
in this subsection or the amendments made by this subsection
may be construed to affect the status of the individual serving
as the General Counsel to the Chief of Police and the United
States Capitol Police as of the date of the enactment of this
Act.
(b) LEGAL REPRESENTATION AUTHORITY.—
(1) IN GENERAL.—Section 1002(a)(2)(A) of the Legislative
Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is
amended by striking ‘‘the General Counsel for the United States
Capitol Police Board and the Chief of the Capitol Police’’ and
inserting ‘‘the General Counsel to the Chief of Police and the
United States Capitol Police’’.
(2) NO EFFECT ON CURRENT PROCEEDINGS.—Nothing in the
amendment made by paragraph (1) may be construed to affect
the authority of any individual to enter an appearance in any
proceeding before any court of the United States or of any
State or political subdivision thereof which is initiated prior
to the date of the enactment of this Act.

Repeal.

2 USC 84–2.

2 USC 1908 note.

SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF OF POLICE AND THE
UNITED STATES CAPITOL POLICE.

2 USC 1908 note.

2 USC 1908 note.

2 USC 1933.

(a) LEGAL REPRESENTATION AUTHORITY.—
(1) IN GENERAL.—Section 1002(a)(2)(B) of the Legislative
Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(B)) is
amended by striking ‘‘the Employment Counsel for the United
States Capitol Police Board and the United States Capitol
Police’’ and inserting ‘‘the Employment Counsel to the Chief
of Police and the United States Capitol Police’’.
(2) NO EFFECT ON CURRENT PROCEEDINGS.—Nothing in the
amendment made by paragraph (1) may be construed to affect
the authority of any individual to enter an appearance in any
proceeding before any court of the United States or of any
State or political subdivision thereof which is initiated prior
to the date of the enactment of this Act.
(b) NO EFFECT ON CURRENT EMPLOYMENT COUNSEL.—Nothing
in this section or the amendments made by this section may be
construed to affect the status of the individual serving as the
Employment Counsel to the Chief of Police and the United States
Capitol Police as of the date of the enactment of this Act.
SEC. 5. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL BENEFITS.

(a) NO LUMP-SUM PAYMENT PERMITTED FOR UNUSED COMPENTIME.—
(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.—

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SATORY

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PUBLIC LAW 111–145—MAR. 4, 2010

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 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.

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Repeal.

PUBL145

124 STAT. 54

PUBLIC LAW 111–145—MAR. 4, 2010
SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS.

(a) REPEAL OF OBSOLETE PROCEDURES FOR INITIAL APPOINTCHIEF ADMINISTRATIVE OFFICER.—Section 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended
by striking subsections (d) through (g).
(b) REPEAL OF REQUIREMENT THAT OFFICERS PURCHASE OWN
UNIFORMS.—Section 1825 of the Revised Statutes of the United
States (2 U.S.C. 1943) is repealed.
(c) REPEAL OF REFERENCES TO OFFICERS AND PRIVATES IN
AUTHORITIES RELATING TO HOUSE AND SENATE OFFICE
BUILDINGS.—
(1) HOUSE OFFICE BUILDINGS.—The item relating to ‘‘House
of Representatives Office Building’’ in the Act entitled ‘‘An
Act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, nineteen
hundred and eight, and for other purposes’’, approved March
4, 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended by striking
‘‘other than officers and privates of the Capitol police’’ each
place it appears and inserting ‘‘other than the United States
Capitol Police’’.
(2) SENATE OFFICE BUILDINGS.—The item relating to
‘‘Senate Office Building’’ in the Legislative Branch Appropriation Act, 1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by
striking ‘‘other than for officers and privates of the Capitol
Police’’ each place it appears and inserting ‘‘other than for
the United States Capitol Police’’.
(d) CLARIFICATION OF APPLICABILITY OF U.S. CAPITOL POLICE
AND LIBRARY OF CONGRESS POLICE MERGER IMPLEMENTATION ACT
OF 2007.—
(1) REPEAL OF DUPLICATE PROVISIONS.—Effective as if
included in the enactment of the Legislative Branch Appropriations Act, 2008 (Public Law 110–161), section 1004 of such
Act is repealed, and any provision of law amended or repealed
by such section is restored or revived to read as if such section
had not been enacted into law.
(2) NO EFFECT ON OTHER ACT.—Nothing in paragraph (1)
may be construed to prevent the enactment or implementation
of any provision of the U.S. Capitol Police and Library of
Congress Police Merger Implementation Act of 2007 (Public
Law 110–178), including any provision of such Act that amends
or repeals a provision of law which is restored or revived
pursuant to paragraph (1).
(e) AUTHORITY OF CHIEF OF POLICE.—
(1) REPEAL OF CERTAIN PROVISIONS CODIFIED IN TITLE 2,
UNITED STATES CODE.—The provisions appearing in the first
paragraph under the heading ‘‘Capitol Police’’ in the Act of
April 28, 1902 (ch. 594; 32 Stat. 124), and the provisions
appearing in the first paragraph under the heading ‘‘Capitol
Police’’ in title I of the Legislative and Judiciary Appropriation
Act, 1944 (ch. 173; 57 Stat. 230), insofar as all of those provisions are related to the sentence ‘‘The captain and lieutenants
shall be selected jointly by the Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of Representatives;
and one-half of the privates shall be selected by the Sergeant
at Arms of the Senate and one-half by the Sergeant at Arms
of the House of Representatives.’’, which appears in 2 U.S.C.
1901 (2000 Edition, Supp. V), are repealed.
MENT OF

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2 USC 1901 note.

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PUBLIC LAW 111–145—MAR. 4, 2010

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) is repealed,
and the sentence ‘‘The Capitol Police shall be headed by a
Chief who shall be appointed by the Capitol Police Board and
shall serve at the pleasure of the Board.’’, which was repealed
by such section, is restored to appear at the end of section
1821 of the Revised Statutes of the United States (2 U.S.C.
1901).
(3) CONFORMING AMENDMENT.—The first sentence of section
1821 of the Revised Statutes of the United States (2 U.S.C.
1901) is amended by striking ‘‘, the members of which shall
be appointed by the Sergeants-at-Arms of the two Houses and
the Architect of the Capitol Extension’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect as if included in the enactment of
the Legislative Branch Appropriations Act, 2003.

2 USC 1901.

2 USC 1901 note.

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SEC. 7. TREATMENT OF CAPITOL POLICE EMPLOYEES AS CONGRESSIONAL EMPLOYEES.

(a) DEFINITION OF CONGRESSIONAL EMPLOYEE.—Section 2107(4)
of title 5, United States Code, is amended by inserting ‘‘or employee’’
after ‘‘member’’.
(b) DUAL PAY AND DUAL EMPLOYMENT.—
(1) DEFINITION OF AGENCY IN THE LEGISLATIVE BRANCH.—
Section 5531(4) of title 5, United States Code, is amended
by striking ‘‘and the Congressional Budget Office’’ and inserting
‘‘the Congressional Budget Office, and the United States Capitol
Police’’.
(2) DUAL PAY.—Section 5533 of title 5, United States Code,
is amended—
(A) in subsection (c)—
(i) in paragraph (1), by striking ‘‘or the Chief
Administrative Officer of the House of Representatives’’
and inserting ‘‘, the Chief Administrative Officer of
the House of Representatives, or the Chief of the Capitol Police’’; and
(ii) in paragraph (2), by inserting ‘‘or the Chief
of the Capitol Police’’ after ‘‘House of Representatives’’;
and
(B) in subsection (d)(5)(A), by striking ‘‘or the Chief
Administrative Officer of the House of Representatives’’
and inserting ‘‘, the Chief Administrative Officer of the
House of Representatives, or the Chief of the Capitol
Police’’.
(c) FEES FOR JURY AND WITNESS SERVICE.—
(1) CREDITING AMOUNTS RECEIVED.—Section 5515 of title
5, United States Code, is amended by striking ‘‘or the Chief
Administrative Officer of the House of Representatives’’ and
inserting ‘‘, the Chief Administrative Officer of the House of
Representatives, or the Chief of the Capitol Police’’.
(2) FEES FOR SERVICE.—Section 5537(a) of title 5, United
States Code, is amended by striking ‘‘or the Chief Administrative Officer of the House of Representatives’’ and inserting
‘‘, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police’’.

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124 STAT. 56

PUBLIC LAW 111–145—MAR. 4, 2010

5 USC 2107 note.

(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect as though enacted as part of section 1018 of
the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907).

2 USC 61f–14.

SEC. 8. LAW ENFORCEMENT AUTHORITY OF SERGEANT-AT-ARMS AND
DOORKEEPER OF THE SENATE.

(a) IN GENERAL.—The Sergeant-at-Arms and Doorkeeper of the
Senate shall have the same law enforcement authority, including
the authority to carry firearms, as a member of the Capitol Police.
The law enforcement authority under the preceding sentence shall
be subject to the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate have the qualifications specified in subsection
(b).
(b) QUALIFICATIONS.—The qualifications referred to in subsection (a) are the following:
(1) A minimum of 5 years of experience as a law enforcement officer before beginning service as the Sergeant-at-Arms
and Doorkeeper of the Senate.
(2) Current certification in the use of firearms by the
appropriate Federal law enforcement entity or an equivalent
non-Federal entity.
(3) Any other firearms qualification required for members
of the Capitol Police.
(c) REGULATIONS.—The Committee on Rules and Administration
of the Senate shall have authority to prescribe regulations to carry
out this section.
Travel Promotion
Act of 2009.
22 USC 2131.

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Appointment.

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SEC. 9. TRAVEL PROMOTION ACT OF 2009.

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

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PUBLIC LAW 111–145—MAR. 4, 2010

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 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.—

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Deadline.

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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 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;

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

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PUBLIC LAW 111–145—MAR. 4, 2010
(C) ANNUAL AUDITS.—The Corporation shall engage
an independent accounting firm to conduct an annual financial audit of the Corporation’s operations and shall publish
the results of the audit. The Comptroller General of the
United States may review any audit of a financial statement conducted under this paragraph by an independent
accounting firm and may audit the Corporation’s operations
at the discretion of the Comptroller General. The Comptroller General and the Congress shall have full and complete access to the books and records of the Corporation.
(D) PROGRAM AUDITS.—Not later than 2 years after
the date of enactment of this section, the Comptroller General shall conduct a review of the programmatic activities
of the Corporation for Travel Promotion. This report shall
be provided to appropriate congressional committees.
(c) ACCOUNTABILITY MEASURES.—
(1) OBJECTIVES.—The Board shall establish annual objectives for the Corporation for each fiscal year subject to approval
by the Secretary of Commerce (after consultation with the
Secretary of Homeland Security and the Secretary of State).
The Corporation shall establish a marketing plan for each
fiscal year not less than 60 days before the beginning of that
year and provide a copy of the plan, and any revisions thereof,
to the Secretary.
(2) BUDGET.—The board shall transmit a copy of the Corporation’s budget for the forthcoming fiscal year to the Secretary not less than 60 days before the beginning of each
fiscal year, together with an explanation of any expenditure
provided for by the budget in excess of $5,000,000 for the
fiscal year. The Corporation shall make a copy of the budget
and the explanation available to the public and shall provide
public access to the budget and explanation on the Corporation’s
website.
(3) ANNUAL REPORT TO CONGRESS.—The Corporation shall
submit an annual report for the preceding fiscal year to the
Secretary of Commerce for transmittal to the Congress on or
before the 15th day of May of each year. The report shall
include—
(A) a comprehensive and detailed report of the Corporation’s operations, activities, financial condition, and accomplishments under this section;
(B) a comprehensive and detailed inventory of amounts
obligated or expended by the Corporation during the preceding fiscal year;
(C) a detailed description of each in-kind contribution,
its fair market value, the individual or organization responsible for contributing, its specific use, and a justification
for its use within the context of the Corporation’s mission;
(D) an objective and quantifiable measurement of its
progress, on an objective-by-objective basis, in meeting the
objectives established by the board;
(E) an explanation of the reason for any failure to
achieve an objective established by the board and any
revisions or alterations to the Corporation’s objectives
under paragraph (1);

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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) FUNDING.—
(A) START-UP EXPENSES.—For fiscal year 2010, the Secretary of the Treasury shall make available to the Corporation such sums as may be necessary, but not to exceed
$10,000,000, from amounts deposited in the general fund
of the Treasury from fees under section 217(h)(3)(B)(i)(I)
of the Immigration and Nationality Act (8 U.S.C.
1187(h)(3)(B)(i)(I)) to cover the Corporation’s initial
expenses and activities under this section. Transfers shall
be made at least quarterly, beginning on January 1, 2010,
on the basis of estimates by the Secretary, and proper
adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess or less
than the amounts required to be transferred.
(B) SUBSEQUENT YEARS.—For each of fiscal years 2011
through 2014, from amounts deposited in the general fund
of the Treasury during the preceding fiscal year from fees
under section 217(h)(3)(B)(i)(I) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(B)(i)(I)), the Secretary
of the Treasury shall transfer not more than $100,000,000
to the Fund, which shall be made available to the Corporation, subject to paragraph (3) of this subsection, to carry
out its functions under this section. Transfers shall be
made at least quarterly on the basis of estimates by the
Secretary, and proper adjustments shall be made in
amounts subsequently transferred to the extent prior estimates were in excess or less than the amounts required
to be transferred.
(3) MATCHING REQUIREMENT.—
(A) IN GENERAL.—No amounts may be made available
to the Corporation under this subsection after fiscal year
2010, except to the extent that—
(i) for fiscal year 2011, the Corporation provides
matching amounts from non-Federal sources equal in
the aggregate to 50 percent or more of the amount
transferred to the Fund under paragraph (2); and
(ii) for any fiscal year after fiscal year 2011, the
Corporation provides matching amounts from non-Federal sources equal in the aggregate to 100 percent
of the amount transferred to the Fund under paragraph
(2) for the fiscal year.
(B) GOODS AND SERVICES.—For the purpose of determining the amount received from non-Federal sources by
the Corporation, other than money—

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(i) the fair market value of goods and services
(including advertising) contributed to the Corporation
for use under this section may be included in the
determination; but
(ii) the fair market value of such goods and services
may not account for more than 80 percent of the
matching requirement under subparagraph (A) for the
Corporation in any fiscal year.
(C) RIGHT OF REFUSAL.—The Corporation may decline
to accept any contribution in-kind that it determines to
be inappropriate, not useful, or commercially worthless.
(D) LIMITATION.—The Corporation may not obligate
or expend funds in excess of the total amount received
by the Corporation for a fiscal year from Federal and
non-Federal sources.
(4) CARRYFORWARD.—
(A) FEDERAL FUNDS.—Amounts transferred to the Fund
under paragraph (2)(B) shall remain available until
expended.
(B) MATCHING FUNDS.—Any amount received by the
Corporation from non-Federal sources in fiscal year 2010,
2011, 2012, 2013, or 2014 that cannot be used to meet
the matching requirement under paragraph (3)(A) for the
fiscal year in which amount was collected may be carried
forward and treated as having been received in the succeeding fiscal year for purposes of meeting the matching
requirement of paragraph (3)(A) in such succeeding fiscal
year.
(e) TRAVEL PROMOTION FUND FEES.—Section 217(h)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is
amended to read as follows:
‘‘(B) FEES.—
‘‘(i) IN GENERAL.—No later than 6 months after
the date of enactment of the Travel Promotion Act
of 2009, the Secretary of Homeland Security shall
establish a fee for the use of the System and begin
assessment and collection of that fee. The initial fee
shall be the sum of—
‘‘(I) $10 per travel authorization; and
‘‘(II) an amount that will at least ensure
recovery of the full costs of providing and administering the System, as determined by the Secretary.
‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.—
Amounts collected under clause (i)(I) shall be credited
to the Travel Promotion Fund established by subsection
(d) of section 11 of the Travel Promotion Act of 2009.
Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made
available to pay the costs incurred to administer the
System.
‘‘(iii) SUNSET OF TRAVEL PROMOTION FUND FEE.—
The Secretary may not collect the fee authorized by
clause (i)(I) for fiscal years beginning after September
30, 2014.’’.
(f) ASSESSMENT AUTHORITY.—

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PUBLIC LAW 111–145—MAR. 4, 2010

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 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 interestbearing 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:

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124 STAT. 64
22 USC 2123.

PUBLIC LAW 111–145—MAR. 4, 2010
‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION.

‘‘(a) OFFICE ESTABLISHED.—There is established within the
Department of Commerce an office to be known as the Office of
Travel Promotion.
‘‘(b) DIRECTOR.—
‘‘(1) APPOINTMENT.—The Office shall be headed by a
Director who shall be appointed by the Secretary.
‘‘(2) QUALIFICATIONS.—The Director shall be a citizen of
the United States and have experience in a field directly related
to the promotion of travel to and within the United States.
‘‘(3) DUTIES.—The Director shall be responsible for ensuring
the office is carrying out its functions effectively and shall
report to the Secretary.
‘‘(c) FUNCTIONS.—The Office shall—
‘‘(1) serve as liaison to the Corporation for Travel Promotion
established by subsection (b) of section 11 of the Travel Promotion Act of 2009 and support and encourage the development
of programs to increase the number of international visitors
to the United States for business, leisure, educational, medical,
exchange, and other purposes;
‘‘(2) work with the Corporation, the Secretary of State
and the Secretary of Homeland Security—
‘‘(A) to disseminate information more effectively to
potential international visitors about documentation and
procedures required for admission to the United States
as a visitor;
‘‘(B) to ensure that arriving international visitors are
generally welcomed with accurate information and in an
inviting manner;
‘‘(C) to collect accurate data on the total number of
international visitors that visit each State; and
‘‘(D) enhance the entry and departure experience for
international visitors through the use of advertising,
signage, and customer service; and
‘‘(3) support State, regional, and private sector initiatives
to promote travel to and within the United States.
‘‘(d) REPORTS TO CONGRESS.—Within a year after the date of
enactment of the Travel Promotion Act of 2009, and periodically
thereafter as appropriate, the Secretary shall transmit a report
to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the Senate Committee on Foreign Relations, the
House of Representatives Committee on Energy and Commerce,
the House of Representatives Committee on Homeland Security,
and the House of Representatives Committee on Foreign Affairs
describing the Office’s work with the Corporation, the Secretary
of State and the Secretary of Homeland Security to carry out
subsection (c)(2).’’.
(h) RESEARCH PROGRAM.—Title II of the International Travel
Act of 1961 (22 U.S.C. 2121 et seq.), as amended by subsection
(g), is further amended by inserting after section 202 the following:

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22 USC 2123a.

‘‘SEC. 203. RESEARCH PROGRAM.

‘‘(a) IN GENERAL.—The Office of Travel and Tourism Industries
shall expand and continue its research and development activities
in connection with the promotion of international travel to the
United States, including—

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‘‘(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.

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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.

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