United States Capitol Police Administrative Technical Corrections Act of 2009
PL 111-145 (H.R.1299), enacted 03/04/2010

124 STAT. 49 
PUBLIC LAW 111–145—MAR. 4, 2010 
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 CAP-
ITOL 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 Legis-
lative 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 fol-
lowing: 
‘‘(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 accord-
ance 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 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 Committee on House Administration of 
the House of Representatives, as each Committee deter-
mines appropriate for— 
‘‘(i) the exercise of any authority under subpara-
graph (A); or 
‘‘(ii) the establishment of any new position for offi-
cers, members, or employees of the Capitol Police, for 
reclassification of existing positions, for reorganization 
plans, or for hiring, termination, or promotion for offi-
cers, 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 pro-
viso 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 ACCOUNT-
ABILITY ACT OF 1995.— 
(A) IN
GENERAL.—Section 101(9)(D) of the Congres-
sional 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 con-
strued 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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124 STAT. 51 
PUBLIC LAW 111–145—MAR. 4, 2010 
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 Appro-
priations 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 DEPLOY-
MENT 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 Administra-
tion 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 Gen-
eral 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 PER-
SONNEL BENEFITS. 
(a) NO LUMP-SUM PAYMENT PERMITTED FOR UNUSED COMPEN-
SATORY 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 pay-
ment with respect to accrued compensatory time off, except 
to the extent permitted under section 203(c)(4) of the Congres-
sional 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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124 STAT. 53 
PUBLIC LAW 111–145—MAR. 4, 2010 
(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 Provi-
sions’’ 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 compensa-
tion 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 aggre-
gate 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 specifi-
cally 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 Legis-
lative 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 Appropria-
tion 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 Appropria-
tions 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 provi-
sions 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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124 STAT. 55 
PUBLIC LAW 111–145—MAR. 4, 2010 
(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 sub-
section shall take effect as if included in the enactment of 
the Legislative Branch Appropriations Act, 2003. 
SEC. 7. TREATMENT OF CAPITOL POLICE EMPLOYEES AS CONGRES-
SIONAL 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 Cap-
itol 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 Administra-
tive 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 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 Door-
keeper of the Senate have the qualifications specified in subsection 
(b). 
(b) QUALIFICATIONS.—The qualifications referred to in sub-
section (a) are the following: 
(1) A minimum of 5 years of experience as a law enforce-
ment 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 Govern-
ment. 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 var-
ious 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 Sec-
retary of Homeland Security and the Secretary of State), 
as follows: 
(i) 1 shall have appropriate expertise and experi-
ence in the hotel accommodations sector; 
(ii) 1 shall have appropriate expertise and experi-
ence in the restaurant sector; 
(iii) 1 shall have appropriate expertise and experi-
ence in the small business or retail sector or in associa-
tions representing that sector; 
(iv) 1 shall have appropriate expertise and experi-
ence 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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124 STAT. 57 
PUBLIC LAW 111–145—MAR. 4, 2010 
(v) 1 shall have appropriate expertise and experi-
ence in the attractions or recreations sector; 
(vi) 1 shall have appropriate expertise and experi-
ence as officials of a city convention and visitors’ 
bureau; 
(vii) 2 shall have appropriate expertise and experi-
ence as officials of a State tourism office; 
(viii) 1 shall have appropriate expertise and experi-
ence in the passenger air sector; 
(ix) 1 shall have appropriate expertise and experi-
ence in immigration law and policy, including visa 
requirements and United States entry procedures; and 
(x) 1 shall have appropriate expertise in the inter-
city 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 mem-
bers 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 execu-
tive 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 com-
pensation 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 Corpora-
tion, 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 polit-
ical test or qualification shall be used in selecting, 
appointing, promoting, or taking other personnel actions 
with respect to officers, agents, or employees of the Cor-
poration. 
(4) NONPROFIT
AND
NONPOLITICAL
NATURE
OF
CORPORA-
TION.— 
(A) STOCK.—The Corporation shall have no power to 
issue any shares of stock, or to declare or pay any divi-
dends. 
(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 ACTIVI-
TIES.—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 informa-
tion concerning declared public health emergencies, 
to prospective travelers, travel agents, tour operators, 
meeting planners, foreign governments, travel media 
and other international stakeholders; 
Plans. 
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124 STAT. 59 
PUBLIC LAW 111–145—MAR. 4, 2010 
(ii) to identify, counter, and correct misperceptions 
regarding United States entry policies around the 
world; 
(iii) to maximize the economic and diplomatic bene-
fits 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 pro-
motional 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 pur-
poses 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 consult-
ants, 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 Cor-
poration 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 finan-
cial 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 state-
ment conducted under this paragraph by an independent 
accounting firm and may audit the Corporation’s operations 
at the discretion of the Comptroller General. The Comp-
troller General and the Congress shall have full and com-
plete 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 Gen-
eral 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 objec-
tives 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 Cor-
poration’s budget for the forthcoming fiscal year to the Sec-
retary 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 Corpora-
tion’s operations, activities, financial condition, and accom-
plishments under this section; 
(B) a comprehensive and detailed inventory of amounts 
obligated or expended by the Corporation during the pre-
ceding fiscal year; 
(C) a detailed description of each in-kind contribution, 
its fair market value, the individual or organization respon-
sible 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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124 STAT. 61 
PUBLIC LAW 111–145—MAR. 4, 2010 
(F) a comprehensive and detailed report of the Corpora-
tion’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 Sec-
retary of the Treasury shall make available to the Corpora-
tion 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 trans-
ferred 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 Corpora-
tion, 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 esti-
mates 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-Fed-
eral 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 deter-
mining 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 suc-
ceeding 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 admin-
istering the System, as determined by the Sec-
retary. 
‘‘(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 trans-
ferred 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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124 STAT. 63 
PUBLIC LAW 111–145—MAR. 4, 2010 
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, 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 ref-
erendum; and 
(ii) the assessment is approved by a majority of 
those voting in the referendum. 
(B) PROCEDURAL REQUIREMENTS.—In conducting a ref-
erendum 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 pursu-
ant to a program, plan, or project, the Corporation may invest 
funds collected through assessments, and any other funds 
received by the Corporation, only in obligations of the United 
States or any agency thereof, in general obligations of any 
State or any political subdivision thereof, in any interest- 
bearing account or certificate of deposit of a bank that is 
a member of the Federal Reserve System, or in obligations 
fully guaranteed as to principal and interest by the United 
States. 
(g) OFFICE OF TRAVEL PROMOTION.—Title II of the International 
Travel Act of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting 
after section 201 the following: 
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 Pro-
motion 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 Transpor-
tation, the Senate Committee on Homeland Security and Govern-
mental 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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124 STAT. 65 
PUBLIC LAW 111–145—MAR. 4, 2010 
LEGISLATIVE HISTORY—H.R. 1299: 
HOUSE REPORTS: No. 111–66 (Comm. on House Administration). 
CONGRESSIONAL RECORD: 
Vol. 155 (2009): Mar. 31, considered and passed House. 
Oct. 29, considered and passed Senate, amended. 
Nov. 6, House concurred in Senate amendment with an 
amendment pursuant to H. Res. 896. 
Vol. 156 (2010): Feb. 24, 25, Senate considered and concurred in House 
amendment. 
‘‘(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 Trav-
elers 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 Pro-
motion 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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