H. Res. 806 

In the House of Representatives, U. S., 

October 7, 2009. 

Resolved, That upon the adoption of this resolution the 

bill (H.R. 1035) entitled ‘‘An Act to amend the Morris K. 

Udall Scholarship and Excellence in National Environmental 

and Native American Public Policy Act of 1992 to honor the 

legacy of Stewart L. Udall, and for other purposes.’’, with the 

Senate amendment thereto, shall be considered to have been 

taken from the Speaker’s table to the end that the Senate 

amendment thereto be, and the same is hereby, agreed to 

with the following amendment: 

At the end of the Senate amendment, add the following: 

At the end of the bill, add the following new section: 

SEC. 11. 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 
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Corporation shall not be an agency or establishment of 

the United States Government. The Corporation shall be 

subject to the provisions of the District of Columbia 

Nonprofit Corporation Act (D.C. Code, section 29–1001 

et seq.), to the extent that such provisions are consistent 

with this subsection, and shall have the powers conferred 

upon a nonprofit corporation by that Act to carry out its 

purposes and activities. 

(2) BOARD OF DIRECTORS.— 

(A) IN GENERAL.—The Corporation shall have 

a board of directors of 11 members with knowledge 

of international travel promotion and marketing, 

broadly representing various regions of the United 

States, who are United States citizens. Members of 

the board shall be appointed by the Secretary of 

Commerce (after consultation with the Secretary of 

Homeland Security and the Secretary of State), as 

follows: 

(i) 1 shall have appropriate expertise and 

experience in the hotel accommodations sector; 

(ii) 1 shall have appropriate expertise and 

experience in the restaurant sector; 

(iii) 1 shall have appropriate expertise and 

experience in the small business or retail sector 

or in associations representing that sector; 
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(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 recreations sector; 

(vi) 1 shall have appropriate expertise and 

experience as officials of a city convention and 

visitors’ bureau; 

(vii) 2 shall have appropriate expertise 

and experience as officials of a State tourism 

office; 

(viii) 1 shall have appropriate expertise 

and experience in the passenger air sector; 

(ix) 1 shall have appropriate expertise and 

experience in immigration law and policy, including visa requirements and United States 

entry procedures; and 

(x) 1 shall have appropriate expertise in 

the intercity passenger railroad business. 

(B) INCORPORATION.—The members of the 

initial board of directors shall serve as incorporators 

and shall take whatever actions are necessary to establish the Corporation under the District of Co-
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lumbia 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 
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the predecessor’s term. No member of the board 

shall be eligible to serve more than 2 consecutive 

full 3-year terms. 

(F) ELECTION OF CHAIRMAN AND VICE CHAIRMAN.—Members of the board shall annually elect 

one of the members to be Chairman and elect 1 or 

2 of the members as Vice Chairman or Vice Chairmen. 

(G) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding any provision of law to the contrary, 

no member of the board may be considered to be a 

Federal employee of the United States by virtue of 

his or her service as a member of the board. 

(H) COMPENSATION; EXPENSES.—No member 

shall receive any compensation from the Federal 

government for serving on the Board. Each member 

of the Board shall be paid actual travel expenses 

and per diem in lieu of subsistence expenses when 

away from his or her usual place of residence, in accordance with section 5703 of title 5, United States 

Code. 

(3) OFFICERS AND EMPLOYEES.— 

(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 
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at rates of compensation fixed by the board. No individual other than a citizen of the United States 

may be an officer of the Corporation. The Corporation may hire and fix the compensation of such employees as may be necessary to carry out its purposes. No officer or employee of the Corporation 

may receive any salary or other compensation (except for compensation for services on boards of directors of other organizations that do not receive 

funds from the Corporation, on committees of such 

boards, and in similar activities for such organizations) from any sources other than the Corporation 

for services rendered during the period of his or her 

employment by the Corporation. Service by any officer on boards of directors of other organizations, on 

committees of such boards, and in similar activities 

for such organizations shall be subject to annual advance approval by the board and subject to the provisions of the Corporation’s Statement of Ethical 

Conduct. All officers and employees shall serve at 

the pleasure of the board. 

(B) NONPOLITICAL NATURE OF APPOINTMENT.—No political test or qualification shall be 

used in selecting, appointing, promoting, or taking 
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other personnel actions with respect to officers, 

agents, or employees of the Corporation. 

(4) NONPROFIT AND NONPOLITICAL NATURE OF

CORPORATION.— 

(A) STOCK.—The Corporation shall have no 

power to issue any shares of stock, or to declare or 

pay any dividends. 

(B) PROFIT.—No part of the income or assets 

of the Corporation shall inure to the benefit of any 

director, officer, employee, or any other individual 

except as salary or reasonable compensation for 

services. 

(C) POLITICS.—The Corporation may not contribute to or otherwise support any political party 

or candidate for elective public office. 

(D) SENSE OF CONGRESS REGARDING LOBBYING ACTIVITIES.—It is the sense of Congress that 

the Corporation should not engage in lobbying activities (as defined in section 3(7) of the Lobbying 

Disclosure Act of 1995 (5 U.S.C. 1602(7)). 

(5) DUTIES AND POWERS.— 

(A) IN GENERAL.—The Corporation shall develop and execute a plan— 

(i) to provide useful information to foreign 

tourists, business people, students, scholars, 
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scientists, and others interested in traveling to 

the United States, including the distribution of 

material provided by the Federal government 

concerning entry requirements, required documentation, fees, processes, and information 

concerning declared public health emergencies, 

to prospective travelers, travel agents, tour operators, meeting planners, foreign governments, travel media and other international 

stakeholders; 

(ii) to identify, counter, and correct 

misperceptions regarding United States entry 

policies around the world; 

(iii) to maximize the economic and diplomatic benefits of travel to the United States by 

promoting the United States of America to 

world travelers through the use of, but not limited to, all forms of advertising, outreach to 

trade shows, and other appropriate promotional activities; 

(iv) to ensure that international travel 

benefits all States and the District of Columbia 

and to identify opportunities and strategies to 

promote tourism to rural and urban areas 
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equally, including areas not traditionally visited 

by international travelers; and 

(v) to give priority to the Corporation’s efforts with respect to countries and populations 

most likely to travel to the United States. 

(B) SPECIFIC POWERS.—In order to carry out 

the purposes of this subsection, the Corporation 

may— 

(i) obtain grants from and make contracts 

with individuals and private companies, State, 

and Federal agencies, organizations, and institutions; 

(ii) hire or accept the voluntary services of 

consultants, experts, advisory boards, and panels to aid the Corporation in carrying out its 

purposes; and 

(iii) take such other actions as may be 

necessary to accomplish the purposes set forth 

in this subsection. 

(C) PUBLIC OUTREACH AND INFORMATION.— 

The Corporation shall develop and maintain a publicly accessible website. 

(6) OPEN MEETINGS.—Meetings of the board of directors of the Corporation, including any committee of 

the board, shall be open to the public. The board may, 
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by majority vote, close any such meeting only for the 

time necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal 

matters affecting the Corporation, including pending or 

potential litigation. 

(7) MAJOR CAMPAIGNS.—The board may not authorize the Corporation to obligate or expend more than 

$25,000,000 on any advertising campaign, promotion, or 

related effort unless— 

(A) the obligation or expenditure is approved 

by an affirmative vote of at least 2/3 of the members of the board present at the meeting; 

(B) at least 6 members of the board are 

present at the meeting at which it is approved; and 

(C) each member of the board has been given 

at least 3 days advance notice of the meeting at 

which the vote is to be taken and the matters to be 

voted upon at that meeting. 

(8) FISCAL ACCOUNTABILITY.— 

(A) FISCAL YEAR.—The Corporation shall establish as its fiscal year the 12-month period beginning on October 1. 

(B) BUDGET.—The Corporation shall adopt a 

budget for each fiscal year. 
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(C) ANNUAL AUDITS.—The Corporation shall 

engage an independent accounting firm to conduct 

an annual financial audit of the Corporation’s operations and shall publish the results of the audit. 

The Comptroller General of the United States may 

review any audit of a financial statement conducted 

under this paragraph by an independent accounting 

firm and may audit the Corporation’s operations at 

the discretion of the Comptroller General. The 

Comptroller General and the Congress shall have 

full and complete access to the books and records 

of the Corporation. 

(D) PROGRAM AUDITS.—Not later than 2 

years after the date of enactment of this section, 

the Comptroller General shall conduct a review of 

the programmatic activities of the Corporation for 

Travel Promotion. This report shall be provided to 

appropriate congressional committees. 

(c) ACCOUNTABILITY MEASURES.— 

(1) OBJECTIVES.—The Board shall establish annual 

objectives for the Corporation for each fiscal year subject 

to approval by the Secretary of Commerce (after consultation with the Secretary of Homeland Security and 

the Secretary of State). The Corporation shall establish 

a marketing plan for each fiscal year not less than 60 
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days before the beginning of that year and provide a 

copy of the plan, and any revisions thereof, to the Secretary. 

(2) BUDGET.—The board shall transmit a copy of 

the Corporation’s budget for the forthcoming fiscal year 

to the Secretary not less than 60 days before the beginning of each fiscal year, together with an explanation of 

any expenditure provided for by the budget in excess of 

$5,000,000 for the fiscal year. The Corporation shall 

make a copy of the budget and the explanation available 

to the public and shall provide public access to the budget and explanation on the Corporation’s website. 

(3) ANNUAL REPORT TO CONGRESS.—The Corporation shall submit an annual report for the preceding fiscal year to the Secretary of Commerce for transmittal to 

the Congress on or before the 15th day of May of each 

year. The report shall include— 

(A) a comprehensive and detailed report of the 

Corporation’s operations, activities, financial condition, and accomplishments under this section; 

(B) a comprehensive and detailed inventory of 

amounts obligated or expended by the Corporation 

during the preceding fiscal year; 

(C) a detailed description of each in-kind contribution, its fair market value, the individual or or-
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ganization responsible for contributing, its specific 

use, and a justification for its use within the context of the Corporation’s mission; 

(D) an objective and quantifiable measurement 

of its progress, on an objective-by-objective basis, in 

meeting the objectives established by the board; 

(E) an explanation of the reason for any failure to achieve an objective established by the board 

and any revisions or alterations to the Corporation’s 

objectives under paragraph (1); 

(F) a comprehensive and detailed report of the 

Corporation’s operations and activities to promote 

tourism in rural and urban areas; and 

(G) such recommendations as the Corporation 

deems appropriate. 

(4) LIMITATION ON USE OF FUNDS.—Amounts deposited in the Fund may not be used for any purpose 

inconsistent with carrying out the objectives, budget, and 

report described in this subsection. 

(d) MATCHING PUBLIC AND PRIVATE FUNDING.— 

(1) ESTABLISHMENT OF TRAVEL PROMOTION

FUND.—There is hereby established in the Treasury a 

fund which shall be known as the Travel Promotion 

Fund. 

(2) FUNDING.— 
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(A) START-UP EXPENSES.—For fiscal year 

2010, the Secretary of the Treasury shall make 

available to the Corporation such sums as may be 

necessary, but not to exceed $10,000,000, from 

amounts deposited in the general fund of the Treasury from fees under section 217(h)(3)(B)(i)(I) of 

the Immigration and Nationality Act (8 U.S.C. 

1187(h)(3)(B)(i)(I)) to cover the Corporation’s initial expenses and activities under this section. 

Transfers shall be made at least quarterly, beginning on January 1, 2010, on the basis of estimates 

by the Secretary, and proper adjustments shall be 

made in amounts subsequently transferred to the 

extent prior estimates were in excess or less than 

the amounts required to be transferred. 

(B) SUBSEQUENT YEARS.—For each of fiscal 

years 2011 through 2014, from amounts deposited 

in the general fund of the Treasury during the preceding fiscal year from fees under section 

217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(B)(i)(I)), the Secretary 

of the Treasury shall transfer not more than 

$100,000,000 to the Fund, which shall be made 

available to the Corporation, subject to paragraph 

(3) of this subsection, to carry out its functions 
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under this section. Transfers shall be made at least 

quarterly on the basis of estimates by the Secretary, 

and proper adjustments shall be made in amounts 

subsequently transferred to the extent prior estimates were in excess or less than the amounts required to be transferred. 

(3) MATCHING REQUIREMENT.— 

(A) IN GENERAL.—No amounts may be made 

available to the Corporation under this subsection 

after fiscal year 2010, except to the extent that— 

(i) for fiscal year 2011, the Corporation 

provides matching amounts from non-Federal 

sources equal in the aggregate to 50 percent or 

more of the amount transferred to the Fund 

under paragraph (2); and 

(ii) for any fiscal year after fiscal year 

2011, the Corporation provides matching 

amounts from non-Federal sources equal in the 

aggregate to 100 percent of the amount transferred to the Fund under paragraph (2) for the 

fiscal year. 

(B) GOODS AND SERVICES.—For the purpose 

of determining the amount received from non-Federal sources by the Corporation, other than 

money— 
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(i) the fair market value of goods and 

services (including advertising) contributed to 

the Corporation for use under this section may 

be included in the determination; but 

(ii) the fair market value of such goods 

and services may not account for more than 80 

percent of the matching requirement under 

subparagraph (A) for the Corporation in any 

fiscal year. 

(C) RIGHT OF REFUSAL.—The Corporation 

may decline to accept any contribution in-kind that 

it determines to be inappropriate, not useful, or 

commercially worthless. 

(D) LIMITATION.—The Corporation may not 

obligate or expend funds in excess of the total 

amount received by the Corporation for a fiscal year 

from Federal and non-Federal sources. 

(4) CARRYFORWARD.— 

(A) FEDERAL FUNDS.—Amounts transferred 

to the Fund under paragraph (2)(B) shall remain 

available until expended. 

(B) MATCHING FUNDS.—Any amount received 

by the Corporation from non-Federal sources in fiscal year 2010, 2011, 2012, 2013, or 2014 that cannot be used to meet the matching requirement 
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under paragraph (3)(A) for the fiscal year in which 

amount was collected may be carried forward and 

treated as having been received in the succeeding 

fiscal year for purposes of meeting the matching requirement of paragraph (3)(A) in such succeeding 

fiscal year. 

(e) TRAVEL PROMOTION FUND FEES.—Section 

217(h)(3)(B) of the Immigration and Nationality Act (8 

U.S.C. 1187(h)(3)(B)) is amended to read as follows: 

‘‘(B) FEES.— 

‘‘(i) IN GENERAL.—No later than 6 

months after the date of enactment of the 

Travel Promotion Act of 2009, the Secretary 

of Homeland Security shall establish a fee for 

the use of the System and begin assessment 

and collection of that fee. The initial fee shall 

be the sum of— 

‘‘(I) $10 per travel authorization; and 

‘‘(II) an amount that will at least ensure recovery of the full costs of providing 

and administering the System, as determined by the Secretary. 

‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.—Amounts collected under clause 

(i)(I) shall be credited to the Travel Promotion 
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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 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. 
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(3) REFERENDA.— 

(A) IN GENERAL.—The Corporation may not 

impose an annual assessment unless— 

(i) the Corporation submits the proposed 

annual assessment to members of the industry 

in a referendum; and 

(ii) the assessment is approved by a majority of those voting in the referendum. 

(B) PROCEDURAL REQUIREMENTS.—In conducting a referendum under this paragraph, the 

Corporation shall— 

(i) provide written or electronic notice not 

less than 60 days before the date of the referendum; 

(ii) describe the proposed assessment or 

increase and explain the reasons for the referendum in the notice; and 

(iii) determine the results of the referendum on the basis of weighted voting apportioned according to each business entity’s relative share of the aggregate annual United 

States international travel and tourism revenue 

for the industry per business entity, treating 

all related entities as a single entity. 

(4) COLLECTION.— 
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(A) IN GENERAL.—The Corporation shall establish a means of collecting the assessment that it 

finds to be efficient and effective. The Corporation 

may establish a late payment charge and rate of interest to be imposed on any person who fails to 

remit or pay to the Corporation any amount assessed by the Corporation under this section. 

(B) ENFORCEMENT.—The Corporation may 

bring suit in Federal court to compel compliance 

with an assessment levied by the Corporation under 

this section. 

(5) INVESTMENT OF FUNDS.—Pending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments, 

and any other funds received by the Corporation, only in 

obligations of the United States or any agency thereof, 

in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the 

Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. 

(g) OFFICE OF TRAVEL PROMOTION.—Title II of the 

International Travel Act of 1961 (22 U.S.C. 2121 et seq.) is 

amended by inserting after section 201 the following: 
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‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION. 

‘‘(a) OFFICE ESTABLISHED.—There is established within the Department of Commerce an office to be known as the 

Office of Travel Promotion. 

‘‘(b) DIRECTOR.— 

‘‘(1) APPOINTMENT.—The Office shall be headed by 

a Director who shall be appointed by the Secretary. 

‘‘(2) QUALIFICATIONS.—The Director shall be a citizen of the United States and have experience in a field 

directly related to the promotion of travel to and within 

the United States. 

‘‘(3) DUTIES.—The Director shall be responsible for 

ensuring the office is carrying out its functions effectively and shall report to the Secretary. 

‘‘(c) FUNCTIONS.—The Office shall— 

‘‘(1) serve as liaison to the Corporation for Travel 

Promotion established by subsection (b) of section 11 of 

the Travel Promotion Act of 2009 and support and encourage the development of programs to increase the 

number of international visitors to the United States for 

business, leisure, educational, medical, exchange, and 

other purposes; 

‘‘(2) work with the Corporation, the Secretary of 

State and the Secretary of Homeland Security— 

‘‘(A) to disseminate information more effectively to potential international visitors about docu-
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mentation and procedures required for admission to 

the United States as a visitor; 

‘‘(B) to ensure that arriving international visitors are generally welcomed with accurate information and in an inviting manner; 

‘‘(C) to collect accurate data on the total number of international visitors that visit each State; 

and 

‘‘(D) enhance the entry and departure experience for international visitors through the use of 

advertising, signage, and customer service; and 

‘‘(3) support State, regional, and private sector initiatives to promote travel to and within the United 

States. 

‘‘(d) REPORTS TO CONGRESS.—Within a year after the 

date of enactment of the Travel Promotion Act of 2009, and 

periodically thereafter as appropriate, the Secretary shall 

transmit a report to the Senate Committee on Commerce, 

Science, and Transportation, the Senate Committee on 

Homeland Security and Governmental Affairs, the Senate 

Committee on Foreign Relations, the House of Representatives Committee on Energy and Commerce, the House of 

Representatives Committee on Homeland Security, and the 

House of Representatives Committee on Foreign Affairs describing the Office’s work with the Corporation, the Secretary 
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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— 

‘‘(1) expanding access to the official Mexican travel 

surveys data to provide the States with traveler characteristics and visitation estimates for targeted marketing 

programs; 

‘‘(2) expanding the number of inbound air travelers 

sampled by the Commerce Department’s Survey of 

International Travelers to reach a 1 percent sample size 

and revising the design and format of questionnaires to 

accommodate a new survey instrument, improve response 

rates to at least double the number of States and cities 

with reliable international visitor estimates and improve 

market coverage; 

‘‘(3) developing estimates of international travel exports (expenditures) on a State-by-State basis to enable 
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each State to compare its comparative position to national totals and other States; 

‘‘(4) evaluate the success of the Corporation in 

achieving its objectives and carrying out the purposes of 

the Travel Promotion Act of 2009; and 

‘‘(5) research to support the annual reports required by section 202(d) of this Act. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Secretary of Commerce 

for fiscal years 2010 through 2014 such sums as may be necessary to carry out this section.’’. 

Attest: 

Clerk.