In the House of Representatives, U. S., 
November 6, 2009. 
Resolved, That the House agree to the amendment of the 
Senate to the bill (H.R. 1299) entitled ‘‘An Act to make tech-
nical corrections to the laws affecting certain administrative 
authorities of the United States Capitol Police, and for other 
purposes.’’, with the following 
HOUSE AMENDMENT TO SENATE AMENDMENT: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate, insert the following: 
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 AUTHORI-
TIES.— 
(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 fol-
lows: 
‘‘(a) CHIEF ADMINISTRATIVE OFFICER.— 
‘‘(1) ESTABLISHMENT.—There shall be within 
the United States Capitol Police an Office of Admin-
istration, 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 af-
filiation 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 Cap-
itol 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 amended by striking para-
graph (1) and inserting the following: 
‘‘(1) AUTHORITY.— 
‘‘(A) IN GENERAL.—The Chief of the Cap-
itol 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 regula-
tions. 
‘‘(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 expira-
tion of the 30-day period which begins on the 
date the Board receives the notice, the Board
shall be deemed to have approved the termi-
nation. 
‘‘(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 Com-
mittee 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 po-
sition for officers, members, or employees of 
the Capitol Police, for reclassification of ex-
isting positions, for reorganization plans, or 
for hiring, termination, or promotion for of-
ficers, members, or employees of the Capitol 
Police.’’. 
(B) TECHNICAL AND CONFORMING AMEND-
MENTS.— 
(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 SUSPEN-
SION.—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
CONGRES-
SIONAL 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
PRO-
CEEDINGS.—Nothing in the amendment made by 
subparagraph (A) may be construed to affect any 
procedure initiated under title IV of the Congres-
sional 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 indi-
vidual serving as an officer or employee of the United 
States Capitol Police as of the date of the enactment 
of this Act.
(b) DEPOSIT
OF REIMBURSEMENTS
FOR LAW EN-
FORCEMENT ASSISTANCE.— 
(1) IN GENERAL.—Section 2802 of the Supple-
mental Appropriations Act, 2001 (2 U.S.C. 1905) is 
amended— 
(A) in subsection (a)(1), by striking ‘‘Cap-
itol Police Board’’ each place it appears and in-
serting ‘‘United States Capitol Police’’; and 
(B) in subsection (a)(2), by striking ‘‘Cap-
itol 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 notifica-
tion to the Committee on House Administration of the 
House of Representatives, the Committee on Rules and Ad-
ministration of the Senate, and’’. 
(d) ADVANCE PAYMENTS FOR SUBSCRIPTION SERV-
ICES.—
(1) IN GENERAL.—Section 1002 of the Legisla-
tive 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 Po-
lice (in this subsection referred to as the ‘‘General 
Counsel’’), who shall report to and serve at the pleas-
ure 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 ac-
cordance 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 an-
nual rate equal to $1,000 less than the annual 
rate of pay in effect for the Chief of the Capitol 
Police. 
(4) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—House Resolution 661, Ninety-fifth Congress, 
agreed to July 29, 1977, as enacted into permanent 
law by section 111 of the Legislative Branch Appro-
priation Act, 1979 (2 U.S.C. 1901 note) is repealed. 
(5) NO EFFECT ON CURRENT GENERAL COUN-
SEL.—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 Coun-
sel to the Chief of Police and the United States Cap-
itol 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 in-
serting ‘‘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 indi-
vidual to enter an appearance in any proceeding be-
fore 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 indi-
vidual to enter an appearance in any proceeding be-
fore 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 COUN-
SEL.—Nothing in this section or the amendments made by 
this section may be construed to affect the status of the indi-
vidual 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 CER-
TAIN PERSONNEL BENEFITS. 
(a) NO LUMP-SUM PAYMENT PERMITTED FOR UN-
USED 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 re-
ceive any lump-sum payment with respect to accrued 
compensatory time off, except to the extent permitted 
under section 203(c)(4) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1313(c)(4)).
(2) REPEAL
OF
RELATED
OBSOLETE
PROVI-
SIONS.— 
(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 compen-
satory time for the Capitol Police which is codi-
fied at section 1924 of title 2, United States Code 
(2000 Editions, Supp. V), is repealed. 
(B) OVERTIME
PAY
DISBURSED
BY
SEN-
ATE.—The last full paragraph under the heading 
‘‘Administrative Provisions’’ in the appropria-
tion for the Senate in the Legislative Branch Ap-
propriations 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 ex-
empt individuals which is performed on or after the
date of the enactment of this Act, in the form of addi-
tional pay or compensatory time off, only if— 
(A) the overtime work is carried out in con-
nection with special circumstances, as deter-
mined 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 com-
pensation 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 indi-
vidual 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 appli-
cable law during the year in which the pay pe-
riod 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 Congres-
sional 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 estab-
lished specifically under any law. 
(3) CONFORMING AMENDMENT.— 
(A) IN GENERAL.—Section 1009 of the Leg-
islative Branch Appropriations Act, 2003 (Pub-
lic 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. 
SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORREC-
TIONS. 
(a) REPEAL OF OBSOLETE PROCEDURES FOR INITIAL 
APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER.—Sec-
tion 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 PUR-
CHASE OWN UNIFORMS.—Section 1825 of the Revised Stat-
utes of the United States (2 U.S.C. 1943) is repealed. 
(c) REPEAL OF REFERENCES TO OFFICERS AND PRI-
VATES IN AUTHORITIES RELATING TO HOUSE AND SENATE 
OFFICE BUILDINGS.— 
(1) HOUSE OFFICE BUILDINGS.—The item relat-
ing 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 Cap-
itol police’’ each place it appears and inserting ‘‘other 
than the United States Capitol Police’’. 
(2) SENATE OFFICE BUILDINGS.—The item relat-
ing 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. CAP-
ITOL POLICE AND LIBRARY OF CONGRESS POLICE MERGER 
IMPLEMENTATION ACT OF 2007.— 
(1) REPEAL OF DUPLICATE PROVISIONS.—Effec-
tive 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 enact-
ment 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 Po-
lice’’ in title I of the Legislative and Judiciary Ap-
propriation 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 Ser-
geant at Arms of the House of Representatives; and 
one-half of the privates shall be selected by the Ser-
geant at Arms of the Senate and one-half by the Ser-
geant at Arms of the House of Representatives.’’, 
which appears in 2 U.S.C. 1901 (2000 Edition, 
Supp. V), are repealed. 
(2) RESTORATION OF REPEALED PROVISION.— 
Section 1018(h)(1) of the Legislative Branch Appro-
priations 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 re-
pealed 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 sen-
tence of section 1821 of the Revised Statutes of the
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 Ad-
ministrative Officer of the House of Representa-
tives, 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 Representa-
tives, 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 Rep-
resentatives’’ and inserting ‘‘, the Chief Administra-
tive Officer of the House of Representatives, or the 
Chief of the Capitol Police’’.
(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 Door-
keeper 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 author-
ity under the preceding sentence shall be subject to the re-
quirement 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 Ad-
ministration 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 cor-
poration. 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 cor-
poration by that Act to carry out its purposes and ac-
tivities. 
(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 citi-
zens. 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 re-
tail sector or in associations representing 
that sector; 
(iv) 1 shall have appropriate expertise 
and experience in the travel distribution 
services sector; 
(v) 1 shall have appropriate expertise 
and experience in the attractions or recre-
ations sector; 
(vi) 1 shall have appropriate expertise 
and experience as officials of a city conven-
tion and visitors’ bureau; 
(vii) 2 shall have appropriate expertise 
and experience as officials of a State tour-
ism office;
(viii) 1 shall have appropriate exper-
tise and experience in the passenger air sec-
tor; 
(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 Sec-
retary shall be 3 years, except that, of the mem-
bers 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 mem-
ber’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 ap-
pointed 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 annu-
ally elect one of the members to be Chairman 
and elect 1 or 2 of the members as Vice Chair-
man or Vice Chairmen. 
(G) STATUS
AS
FEDERAL
EMPLOYEES.— 
Notwithstanding any provision of law to the con-
trary, 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 mem-
ber shall receive any compensation from the Fed-
eral government for serving on the Board. Each 
member of the Board shall be paid actual travel 
expenses and per diem in lieu of subsistence ex-
penses 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.— 
(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 Cor-
poration. The Corporation may hire and fix the 
compensation of such employees as may be nec-
essary to carry out its purposes. No officer or 
employee of the Corporation may receive any 
salary or other compensation (except for com-
pensation 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 organi-
zations) from any sources other than the Cor-
poration 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 organi-
zations shall be subject to annual advance ap-
proval by the board and subject to the provisions 
of the Corporation’s Statement of Ethical Con-
duct. All officers and employees shall serve at the 
pleasure of the board. 
(B) NONPOLITICAL
NATURE
OF
APPOINT-
MENT.—No political test or qualification shall be 
used in selecting, appointing, promoting, or tak-
ing other personnel actions with respect to offi-
cers, 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 as-
sets of the Corporation shall inure to the benefit 
of any director, officer, employee, or any other
individual except as salary or reasonable com-
pensation 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 LOB-
BYING ACTIVITIES.—It is the sense of Congress 
that the Corporation should not engage in lob-
bying 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 re-
quirements, required documentation, fees, 
processes, and information concerning de-
clared public health emergencies, to prospec-
tive travelers, travel agents, tour operators, 
meeting 
planners, 
foreign 
governments,
travel media and other international stake-
holders; 
(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 adver-
tising, outreach to trade shows, and other 
appropriate promotional activities; 
(iv) to ensure that international travel 
benefits all States and the District of Co-
lumbia and to identify opportunities and 
strategies to promote tourism to rural and 
urban areas equally, including areas not 
traditionally visited by international trav-
elers; and 
(v) to give priority to the Corpora-
tion’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 Corpora-
tion may— 
(i) obtain grants from and make con-
tracts with individuals and private compa-
nies, State, and Federal agencies, organiza-
tions, and institutions; 
(ii) hire or accept the voluntary serv-
ices of consultants, experts, advisory boards, 
and panels to aid the Corporation in car-
rying 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
INFORMA-
TION.—The Corporation shall develop and main-
tain 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 privi-
leged or confidential, to discuss personnel matters, or
to discuss legal matters affecting the Corporation, in-
cluding pending or potential litigation. 
(7) MAJOR CAMPAIGNS.—The board may not au-
thorize the Corporation to obligate or expend more 
than $25,000,000 on any advertising campaign, pro-
motion, or related effort unless— 
(A) the obligation or expenditure is ap-
proved 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 meet-
ing at which the vote is to be taken and the mat-
ters 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. 
(C) ANNUAL
AUDITS.—The Corporation 
shall engage an independent accounting firm to 
conduct an annual financial audit of the Cor-
(C) a detailed description of each in-kind 
contribution, its fair market value, the indi-
vidual or organization responsible for contrib-
uting, its specific use, and a justification for its 
use within the context of the Corporation’s mis-
sion; 
(D) an objective and quantifiable measure-
ment 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); 
(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 Corpora-
tion deems appropriate. 
(4) LIMITATION ON USE OF FUNDS.—Amounts 
deposited in the Fund may not be used for any pur-
pose 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 Na-
tionality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to 
cover the Corporation’s initial expenses and ac-
tivities under this section. Transfers shall be 
made at least quarterly, beginning on January 
1, 2010, on the basis of estimates by the Sec-
retary, 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 fis-
cal years 2011 through 2014, from amounts de-
posited in the general fund of the Treasury dur-
ing the preceding fiscal year from fees under sec-
tion 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 ex-
tent that— 
(i) for fiscal year 2011, the Corpora-
tion 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 pur-
pose of determining the amount received from 
non-Federal sources by the Corporation, other 
than money— 
(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 use-
ful, 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 re-
main available until expended. 
(B) MATCHING
FUNDS.—Any amount re-
ceived 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 fis-
cal year in which amount was collected may be 
carried forward and treated as having been re-
ceived in the succeeding fiscal year for purposes 
of meeting the matching requirement of para-
graph (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 assess-
ment 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 pro-
viding and administering the System, 
as determined by the Secretary. 
‘‘(ii) DISPOSITION OF AMOUNTS COL-
LECTED.—Amounts collected under clause 
(i)(I) shall be credited to the Travel Pro-
motion 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.— 
(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 rev-
enue of the industry. The Corporation shall be respon-
sible for verifying, implementing, and collecting the 
assessment authorized by this subsection. 
(2) INITIAL
ASSESSMENT
LIMITED.—The Cor-
poration 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 pro-
posed 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 con-
ducting 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 ref-
erendum in the notice; and 
(iii) determine the results of the ref-
erendum on the basis of weighted voting ap-
portioned according to each business enti-
ty’s relative share of the aggregate annual 
United States international travel and tour-
ism revenue for the industry per business 
entity, treating all related entities as a sin-
gle 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 Corpora-
tion 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 disburse-
ment pursuant to a program, plan, or project, the 
Corporation may invest funds collected through as-
sessments, and any other funds received by the Cor-
poration, only in obligations of the United States or 
any agency thereof, in general obligations of any 
State or any political subdivision thereof, in any in-
terest-bearing account or certificate of deposit of a 
bank that is a member of the Federal Reserve System, 
or in obligations fully guaranteed as to principal and 
interest by the United States. 
(g) OFFICE OF TRAVEL PROMOTION.—Title II of the 
International Travel Act of 1961 (22 U.S.C. 2121 et seq.) 
is amended by inserting after section 201 the following: 
‘‘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 Sec-
retary. 
‘‘(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 ef-
fectively and shall report to the Secretary. 
‘‘(c) FUNCTIONS.—The Office shall— 
‘‘(1) serve as liaison to the Corporation for Trav-
el Promotion established by subsection (b) of section 
11 of the Travel Promotion Act of 2009 and support 
and encourage the development of programs to in-
crease the number of international visitors to the 
United States for business, leisure, educational, med-
ical, exchange, and other purposes; 
‘‘(2) work with the Corporation, the Secretary of 
State and the Secretary of Homeland Security— 
‘‘(A) to disseminate information more effec-
tively to potential international visitors about 
documentation and procedures required for ad-
mission to the United States as a visitor; 
‘‘(B) to ensure that arriving international 
visitors are generally welcomed with accurate in-
formation 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 expe-
rience 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 Representa-
tives Committee on Energy and Commerce, the House of 
Representatives Committee on Homeland Security, and the 
House of Representatives Committee on Foreign Affairs de-
scribing the Office’s work with the Corporation, the Sec-
retary of State and the Secretary of Homeland Security to 
carry out subsection (c)(2).’’. 
(h) RESEARCH PROGRAM.—Title II of the Inter-
national 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 devel-
opment activities in connection with the promotion of inter-
national travel to the United States, including— 
‘‘(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 trav-
elers sampled by the Commerce Department’s Survey 
of International Travelers to reach a 1 percent sample 
size and revising the design and format of question-
naires to accommodate a new survey instrument, im-
prove 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 en-
able 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 re-
quired by section 202(d) of this Act.
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Com-
merce for fiscal years 2010 through 2014 such sums as may 
be necessary to carry out this section.’’. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H.R. 1299 
HOUSE AMENDMENT TO 
SENATE AMENDMENT