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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘United States Capitol Police 

Administrative Technical Corrections Act of 2009’’. 

SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF THE CAPITOL POLICE. 

(a) CLARIFICATION OF CERTAIN HIRING AUTHORITIES.— 

(1) CHIEF ADMINISTRATIVE OFFICER.—Section 108(a) of the 

Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a)) 

is amended to read as follows: 

‘‘(a) CHIEF ADMINISTRATIVE OFFICER.— 

‘‘(1) ESTABLISHMENT.—There shall be within the United 

States Capitol Police an Office of Administration, to be headed 

by the Chief Administrative Officer, who shall report to and 

serve at the pleasure of the Chief of the Capitol Police. 

‘‘(2) APPOINTMENT.—The Chief Administrative Officer shall 

be appointed by the Chief of the United States Capitol Police, 

after consultation with the Capitol Police Board, without regard 

to political affiliation and solely on the basis of fitness to 

perform the duties of the position. 

‘‘(3) COMPENSATION.—The annual rate of pay for the Chief 

Administrative Officer shall be the amount equal to $1,000 

less than the annual rate of pay in effect for the Chief of 

the Capitol Police.’’. 

(2) ADMINISTRATIVE PROVISIONS.—Section 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is 

amended by striking subsection (c). 

(3) CERTIFYING OFFICERS.—Section 107 of the Legislative 

Branch Appropriations Act, 2001 (2 U.S.C. 1904) is amended— 

(A) in subsection (a), by striking ‘‘the Capitol Police 

Board’’ and inserting ‘‘the Chief of the Capitol Police’’; 

and 

(B) in subsection (b)(1), by striking ‘‘the Capitol Police 

Board’’ and inserting ‘‘the Chief of the Capitol Police’’. 

(4) PERSONNEL ACTIONS OF THE CHIEF OF THE CAPITOL

POLICE.— 

(A) IN GENERAL.—Section 1018(e) of the Legislative 

Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)) is 

2 USC 1901 note. 

United States 

Capitol Police 

Administrative 

Technical 

Corrections Act 

of 2009. 

Mar. 4, 2010 

[H.R. 1299] 


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124 STAT. 50 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 

2 USC 1903 note. 

2 USC 1301 note. 

2 USC 1929. 

Repeal. 

Repeal. 

Notice. 

Time period. 


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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. 

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. 

2 USC 1911. 

2 USC 1981 note. 

2 USC 1905 note. 


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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. 

SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF OF POLICE AND THE 

UNITED STATES CAPITOL POLICE. 

(a) LEGAL REPRESENTATION AUTHORITY.— 

(1) IN GENERAL.—Section 1002(a)(2)(B) of the Legislative 

Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(B)) is 

amended by striking ‘‘the Employment Counsel for the United 

States Capitol Police Board and the United States Capitol 

Police’’ and inserting ‘‘the Employment Counsel to the Chief 

of Police and the United States Capitol Police’’. 

(2) NO EFFECT ON CURRENT PROCEEDINGS.—Nothing in the 

amendment made by paragraph (1) may be construed to affect 

the authority of any individual to enter an appearance in any 

proceeding before any court of the United States or of any 

State or political subdivision thereof which is initiated prior 

to the date of the enactment of this Act. 

(b) NO EFFECT ON CURRENT EMPLOYMENT COUNSEL.—Nothing 

in this section or the amendments made by this section may be 

construed to affect the status of the individual serving as the 

Employment Counsel to the Chief of Police and the United States 

Capitol Police as of the date of the enactment of this Act. 

SEC. 5. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL BENEFITS. 

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

(1) IN GENERAL.—No officer or employee of the United 

States Capitol Police whose service with the United States 

Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except 

to the extent permitted under section 203(c)(4) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(c)(4)). 

(2) REPEAL OF RELATED OBSOLETE PROVISIONS.— 

2 USC 1933. 

2 USC 1908 note. 

2 USC 1908 note. 

2 USC 1908 note. 

2 USC 84–2. 

Repeal. 


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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. 

Repeal. 


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124 STAT. 54 PUBLIC LAW 111–145—MAR. 4, 2010 

SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS. 

(a) REPEAL OF OBSOLETE PROCEDURES FOR INITIAL APPOINT- MENT OF CHIEF ADMINISTRATIVE OFFICER.—Section 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended 

by striking subsections (d) through (g). 

(b) REPEAL OF REQUIREMENT THAT OFFICERS PURCHASE OWN

UNIFORMS.—Section 1825 of the Revised Statutes of the United 

States (2 U.S.C. 1943) is repealed. 

(c) REPEAL OF REFERENCES TO OFFICERS AND PRIVATES IN

AUTHORITIES RELATING TO HOUSE AND SENATE OFFICE

BUILDINGS.— 

(1) HOUSE OFFICE BUILDINGS.—The item relating to ‘‘House 

of Representatives Office Building’’ in the Act entitled ‘‘An 

Act making appropriations for sundry civil expenses of the 

Government for the fiscal year ending June thirtieth, nineteen 

hundred and eight, and for other purposes’’, approved March 

4, 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended by striking 

‘‘other than officers and privates of the Capitol police’’ each 

place it appears and inserting ‘‘other than the United States 

Capitol Police’’. 

(2) SENATE OFFICE BUILDINGS.—The item relating to 

‘‘Senate Office Building’’ in the Legislative Branch Appropriation Act, 1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by 

striking ‘‘other than for officers and privates of the Capitol 

Police’’ each place it appears and inserting ‘‘other than for 

the United States Capitol Police’’. 

(d) CLARIFICATION OF APPLICABILITY OF U.S. CAPITOL POLICE

AND LIBRARY OF CONGRESS POLICE MERGER IMPLEMENTATION ACT

OF 2007.— 

(1) REPEAL OF DUPLICATE PROVISIONS.—Effective as if 

included in the enactment of the Legislative Branch Appropriations Act, 2008 (Public Law 110–161), section 1004 of such 

Act is repealed, and any provision of law amended or repealed 

by such section is restored or revived to read as if such section 

had not been enacted into law. 

(2) NO EFFECT ON OTHER ACT.—Nothing in paragraph (1) 

may be construed to prevent the enactment or implementation 

of any provision of the U.S. Capitol Police and Library of 

Congress Police Merger Implementation Act of 2007 (Public 

Law 110–178), including any provision of such Act that amends 

or repeals a provision of law which is restored or revived 

pursuant to paragraph (1). 

(e) AUTHORITY OF CHIEF OF POLICE.— 

(1) REPEAL OF CERTAIN PROVISIONS CODIFIED IN TITLE 2, 

UNITED STATES CODE.—The provisions appearing in the first 

paragraph under the heading ‘‘Capitol Police’’ in the Act of 

April 28, 1902 (ch. 594; 32 Stat. 124), and the provisions 

appearing in the first paragraph under the heading ‘‘Capitol 

Police’’ in title I of the Legislative and Judiciary Appropriation 

Act, 1944 (ch. 173; 57 Stat. 230), insofar as all of those provisions are related to the sentence ‘‘The captain and lieutenants 

shall be selected jointly by the Sergeant at Arms of the Senate 

and the Sergeant at Arms of the House of Representatives; 

and one-half of the privates shall be selected by the Sergeant 

at Arms of the Senate and one-half by the Sergeant at Arms 

of the House of Representatives.’’, which appears in 2 U.S.C. 

1901 (2000 Edition, Supp. V), are repealed. 

2 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. 

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’’. 

2 USC 1901 note. 

2 USC 1901. 


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124 STAT. 56 PUBLIC LAW 111–145—MAR. 4, 2010 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as though enacted as part of section 1018 of 

the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907). 

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

DOORKEEPER OF THE SENATE. 

(a) IN GENERAL.—The Sergeant-at-Arms and Doorkeeper of the 

Senate shall have the same law enforcement authority, including 

the authority to carry firearms, as a member of the Capitol Police. 

The law enforcement authority under the preceding sentence shall 

be subject to the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate have the qualifications specified in subsection 

(b). 

(b) QUALIFICATIONS.—The qualifications referred to in subsection (a) are the following: 

(1) A minimum of 5 years of experience as a law enforcement officer before beginning service as the Sergeant-at-Arms 

and Doorkeeper of the Senate. 

(2) Current certification in the use of firearms by the 

appropriate Federal law enforcement entity or an equivalent 

non-Federal entity. 

(3) Any other firearms qualification required for members 

of the Capitol Police. 

(c) REGULATIONS.—The Committee on Rules and Administration 

of the Senate shall have authority to prescribe regulations to carry 

out this section. 

SEC. 9. TRAVEL PROMOTION ACT OF 2009. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Travel 

Promotion Act of 2009’’. 

(b) THE CORPORATION FOR TRAVEL PROMOTION.— (1) ESTABLISHMENT.—The Corporation for Travel Promotion 

is established as a nonprofit corporation. The Corporation shall 

not be an agency or establishment of the United States Government. The Corporation shall be subject to the provisions of 

the District of Columbia Nonprofit Corporation Act (D.C. Code, 

section 29–1001 et seq.), to the extent that such provisions 

are consistent with this subsection, and shall have the powers 

conferred upon a nonprofit corporation by that Act to carry 

out its purposes and activities. 

(2) BOARD OF DIRECTORS.— (A) IN GENERAL.—The Corporation shall have a board 

of directors of 11 members with knowledge of international 

travel promotion and marketing, broadly representing various regions of the United States, who are United States 

citizens. Members of the board shall be appointed by the 

Secretary of Commerce (after consultation with the Secretary of Homeland Security and the Secretary of State), 

as follows: 

(i) 1 shall have appropriate expertise and experience in the hotel accommodations sector; 

(ii) 1 shall have appropriate expertise and experience in the restaurant sector; 

(iii) 1 shall have appropriate expertise and experience in the small business or retail sector or in associations representing that sector; 

(iv) 1 shall have appropriate expertise and experience in the travel distribution services sector; 

Appointment. 

Travel Promotion 

Act of 2009. 

22 USC 2131. 

2 USC 61f–14. 

5 USC 2107 note. 


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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.— 

Deadline. 


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124 STAT. 58 PUBLIC LAW 111–145—MAR. 4, 2010 

(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; 

Plan. 


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PUBLIC LAW 111–145—MAR. 4, 2010 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 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. 

Web site. 


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124 STAT. 60 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); 

Public 

information. 

Web posting. 

Marketing plan. 

Deadlines. 

Deadlines. 

Review. 


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PUBLIC LAW 111–145—MAR. 4, 2010 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— 

Effective date. 

Deadlines. 


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124 STAT. 62 PUBLIC LAW 111–145—MAR. 4, 2010 

(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.— 

Deadline. 


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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: 

Notice. 

Deadline. 


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124 STAT. 64 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: 

‘‘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— 

22 USC 2123a. 

22 USC 2123. 


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PUBLIC LAW 111–145—MAR. 4, 2010 124 STAT. 65 

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. 

Æ 

‘‘(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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