•HRES 896 EH 
(1) ESTABLISHMENT.—The Corporation for Travel 
Promotion is established as a nonprofit corporation. The 
Corporation shall not be an agency or establishment of 
the United States Government. The Corporation shall be 
subject to the provisions of the District of Columbia 
Nonprofit Corporation Act (D.C. Code, section 29–1001 
et seq.), to the extent that such provisions are consistent 
with this subsection, and shall have the powers conferred 
upon a nonprofit corporation by that Act to carry out its 
purposes and activities. 
(2) BOARD OF DIRECTORS.— 
(A) IN GENERAL.—The Corporation shall have 
a board of directors of 11 members with knowledge 
of international travel promotion and marketing, 
broadly representing various regions of the United 
States, who are United States citizens. Members of 
the board shall be appointed by the Secretary of 
Commerce (after consultation with the Secretary of 
Homeland Security and the Secretary of State), as 
follows: 
(i) 1 shall have appropriate expertise and 
experience in the hotel accommodations sector; 
(ii) 1 shall have appropriate expertise and 
experience in the restaurant sector;
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(iii) 1 shall have appropriate expertise and 
experience in the small business or retail sector 
or in associations representing that sector; 
(iv) 1 shall have appropriate expertise and 
experience in the travel distribution services 
sector; 
(v) 1 shall have appropriate expertise and 
experience in the attractions or recreations sec-
tor; 
(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, in-
cluding 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
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and shall take whatever actions are necessary to es-
tablish the Corporation under the District of Co-
lumbia Nonprofit Corporation Act (D.C. Code, sec-
tion 29–301.01 et seq.). 
(C) TERM OF OFFICE.—The term of office of 
each member of the board appointed by the Sec-
retary shall be 3 years, except that, of the 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 mem-
ber’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
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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 CHAIR-
MAN.—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 Chair-
men. 
(G) STATUS AS FEDERAL EMPLOYEES.—Not-
withstanding 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 ac-
cordance with section 5703 of title 5, United States 
Code. 
(3) OFFICERS AND EMPLOYEES.—
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(A) IN GENERAL.—The Corporation shall have 
an executive director and such other officers as may 
be named and appointed by the board for terms and 
at rates of compensation fixed by the board. No in-
dividual other than a citizen of the United States 
may be an officer of the Corporation. The Corpora-
tion may hire and fix the compensation of such em-
ployees as may be necessary to carry out its pur-
poses. No officer or employee of the Corporation 
may receive any salary or other compensation (ex-
cept for compensation for services on boards of di-
rectors of other organizations that do not receive 
funds from the Corporation, on committees of such 
boards, and in similar activities for such organiza-
tions) from any sources other than the Corporation 
for services rendered during the period of his or her 
employment by the Corporation. Service by any offi-
cer on boards of directors of other organizations, on 
committees of such boards, and in similar activities 
for such organizations shall be subject to annual ad-
vance approval by the board and subject to the pro-
visions of the Corporation’s Statement of Ethical 
Conduct. All officers and employees shall serve at 
the pleasure of the board.
•HRES 896 EH 
(B) NONPOLITICAL
NATURE
OF
APPOINT-
MENT.—No political test or qualification shall be 
used in selecting, appointing, promoting, or taking 
other personnel actions with respect to officers, 
agents, or employees of the Corporation. 
(4) NONPROFIT
AND
NONPOLITICAL
NATURE
OF 
CORPORATION.— 
(A) STOCK.—The Corporation shall have no 
power to issue any shares of stock, or to declare or 
pay any dividends. 
(B) PROFIT.—No part of the income or assets 
of the Corporation shall inure to the benefit of any 
director, officer, employee, or any other individual 
except as salary or reasonable compensation for 
services. 
(C) POLITICS.—The Corporation may not con-
tribute 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 lobbying ac-
tivities (as defined in section 3(7) of the Lobbying 
Disclosure Act of 1995 (5 U.S.C. 1602(7)). 
(5) DUTIES AND POWERS.—
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(A) IN GENERAL.—The Corporation shall de-
velop 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 docu-
mentation, fees, processes, and information 
concerning declared public health emergencies, 
to prospective travelers, travel agents, tour op-
erators, meeting planners, foreign govern-
ments, 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 diplo-
matic benefits of travel to the United States by 
promoting the United States of America to 
world travelers through the use of, but not lim-
ited to, all forms of advertising, outreach to 
trade shows, and other appropriate pro-
motional activities;
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(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 ef-
forts 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 insti-
tutions; 
(ii) hire or accept the voluntary services of 
consultants, experts, advisory boards, and pan-
els 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.
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(C) PUBLIC OUTREACH AND INFORMATION.— 
The Corporation shall develop and maintain a pub-
licly accessible website. 
(6) OPEN MEETINGS.—Meetings of the board of di-
rectors 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 commer-
cial or financial information that is privileged or con-
fidential, to discuss personnel matters, or to discuss legal 
matters affecting the Corporation, including 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, promotion, or 
related effort unless— 
(A) the obligation or expenditure is approved 
by an affirmative vote of at least 2/3 of the mem-
bers 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.
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(8) FISCAL ACCOUNTABILITY.— 
(A) FISCAL YEAR.—The Corporation shall es-
tablish as its fiscal year the 12-month period begin-
ning 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 Corporation’s oper-
ations 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.—
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(1) OBJECTIVES.—The Board shall establish annual 
objectives for the Corporation for each fiscal year subject 
to approval by the Secretary of Commerce (after con-
sultation 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 Sec-
retary. 
(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 begin-
ning 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 budg-
et and explanation on the Corporation’s website. 
(3) ANNUAL REPORT TO CONGRESS.—The Corpora-
tion shall submit an annual report for the preceding fis-
cal 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—
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(A) a comprehensive and detailed report of the 
Corporation’s operations, activities, financial condi-
tion, 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 con-
tribution, its fair market value, the individual or or-
ganization responsible for contributing, its specific 
use, and a justification for its use within the con-
text 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 fail-
ure 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 de-
posited in the Fund may not be used for any purpose
•HRES 896 EH 
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 Treas-
ury 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 ini-
tial expenses and activities under this section. 
Transfers shall be made at least quarterly, begin-
ning 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
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in the general fund of the Treasury during the pre-
ceding 
fiscal 
year 
from 
fees 
under 
section 
217(h)(3)(B)(i)(I) of the Immigration and Nation-
ality 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 esti-
mates were in excess or less than the amounts re-
quired 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
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amounts from non-Federal sources equal in the 
aggregate to 100 percent of the amount trans-
ferred to the Fund under paragraph (2) for the 
fiscal year. 
(B) GOODS AND SERVICES.—For the purpose 
of determining the amount received from non-Fed-
eral 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 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.
•HRES 896 EH 
(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 fis-
cal year 2010, 2011, 2012, 2013, or 2014 that can-
not be used to meet the matching requirement 
under paragraph (3)(A) for the fiscal year in which 
amount was collected may be carried forward and 
treated as having been received in the succeeding 
fiscal year for purposes of meeting the matching re-
quirement 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—
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‘‘(I) $10 per travel authorization; and 
‘‘(II) an amount that will at least en-
sure recovery of the full costs of providing 
and administering the System, as deter-
mined by the Secretary. 
‘‘(ii) DISPOSITION
OF
AMOUNTS
COL-
LECTED.—Amounts 
collected 
under 
clause 
(i)(I) shall be credited to the Travel Promotion 
Fund established by subsection (d) of section 
11 of the Travel Promotion Act of 2009. 
Amounts collected under clause (i)(II) shall be 
transferred to the general fund of the Treasury 
and made available to pay the costs incurred to 
administer the System. 
‘‘(iii) SUNSET
OF
TRAVEL
PROMOTION 
FUND FEE.—The Secretary may not collect the 
fee authorized by clause (i)(I) for fiscal years 
beginning after September 30, 2014.’’. 
(f) ASSESSMENT AUTHORITY.— 
(1) IN GENERAL.—Except as otherwise provided in 
this subsection, the Corporation may impose an annual 
assessment on United States members of the inter-
national 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 aggre-
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gate international travel and tourism revenue of the in-
dustry. The Corporation shall be responsible for 
verifying, implementing, and collecting the assessment 
authorized by this subsection. 
(2) INITIAL ASSESSMENT LIMITED.—The Corpora-
tion may establish the initial assessment after the date 
of enactment of this section at no greater, in the aggre-
gate, than $20,000,000. 
(3) REFERENDA.— 
(A) IN GENERAL.—The Corporation may not 
impose an annual assessment unless— 
(i) the Corporation submits the proposed 
annual assessment to members of the industry 
in a referendum; and 
(ii) the assessment is approved by a ma-
jority of those voting in the referendum. 
(B) PROCEDURAL
REQUIREMENTS.—In con-
ducting a referendum under this paragraph, the 
Corporation shall— 
(i) provide written or electronic notice not 
less than 60 days before the date of the ref-
erendum; 
(ii) describe the proposed assessment or 
increase and explain the reasons for the ref-
erendum in the notice; and
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(iii) determine the results of the ref-
erendum on the basis of weighted voting appor-
tioned according to each business entity’s rel-
ative 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 es-
tablish 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 in-
terest to be imposed on any person who fails to 
remit or pay to the Corporation any amount as-
sessed 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 Cor-
poration 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 sub-
•HRES 896 EH 
division thereof, in any interest-bearing account or cer-
tificate of deposit of a bank that is a member of the 
Federal Reserve System, or in obligations fully guaran-
teed 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 with-
in 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 cit-
izen 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 effec-
tively 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 en-
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courage 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 effec-
tively to potential international visitors about docu-
mentation and procedures required for admission to 
the United States as a visitor; 
‘‘(B) to ensure that arriving international visi-
tors are generally welcomed with accurate informa-
tion and in an inviting manner; 
‘‘(C) to collect accurate data on the total num-
ber of international visitors that visit each State; 
and 
‘‘(D) enhance the entry and departure experi-
ence for international visitors through the use of 
advertising, signage, and customer service; and 
‘‘(3) support State, regional, and private sector ini-
tiatives 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
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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 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 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 charac-
teristics and visitation estimates for targeted marketing 
programs; 
‘‘(2) expanding the number of inbound air travelers 
sampled by the Commerce Department’s Survey of
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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 ex-
ports (expenditures) on a State-by-State basis to enable 
each State to compare its comparative position to na-
tional 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 Commerce 
for fiscal years 2010 through 2014 such sums as may be nec-
essary to carry out this section.’’. 
Attest: 
Clerk.