(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-
poration’s operations and shall publish the re-
sults of the audit. The Comptroller General of the 
United States may review any audit of a finan-
cial statement conducted under this paragraph 
by an independent accounting firm and may 
audit the Corporation’s operations at the discre-
tion 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 pro-
vided to appropriate congressional committees. 
(c) ACCOUNTABILITY MEASURES.— 
(1) OBJECTIVES.—The Board shall establish an-
nual objectives for the Corporation for each fiscal year 
subject to approval by the Secretary of Commerce 
(after consultation with the Secretary of Homeland 
Security and the Secretary of State). The Corporation 
shall establish a marketing plan for each fiscal year 
not less than 60 days before the beginning of that 
year and provide a copy of the plan, and any revi-
sions 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 expla-
nation of any expenditure provided for by the budget 
in excess of $5,000,000 for the fiscal year. The Cor-
poration shall make a copy of the budget and the ex-
planation 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 Cor-
poration shall submit an annual report for the pre-
ceding 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 sec-
tion; 
(B) a comprehensive and detailed inventory 
of amounts obligated or expended by the Cor-
poration during the preceding fiscal year; 
(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—
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.