HR 3232 PCS 
Sec. 5. Travel Promotion Fund fees. 
Sec. 6. Investment of Funds. 
Sec. 7. Prohibition on use of funds. 
Sec. 8. Amendments to the International Travel Act of 1961. 
Sec. 9. Definitions. 
Sec. 10. G.A.O. study 
SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION. 
(a) 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 Non-
profit Corporation Act (sec. 29–301.01 et seq., D.C. Offi-
cial Code), to the extent that such provisions are con-
sistent with this section, and shall have the powers con-
ferred upon a nonprofit corporation by that Act to carry 
out its purposes and activities. 
(b) BOARD OF DIRECTORS.— 
(1) IN GENERAL.—The Corporation shall have 
a board of directors of 15 members, appointed by 
the Secretary of Commerce, but not before consulta-
tion with the Secretaries of Homeland Security, 
State, and Education, as appropriate, each of whom 
is a United States citizen, and of whom— 
(A) one shall have appropriate expertise 
and experience in the hotel accommodations 
sector; 
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(B) one shall have appropriate expertise 
and experience in the restaurant sector; 
(C) one shall have appropriate expertise 
and experience in the retail sector, or in asso-
ciations representing that sector; 
(D) one shall have appropriate expertise 
and experience in the small business sector, or 
in associations representing that sector; 
(E) one shall have appropriate expertise 
and experience in the advertising sector; 
(F) one shall have appropriate expertise 
and experience in the attractions sector; 
(G) one shall have appropriate expertise 
and experience in the recreation sector; 
(H) one shall have appropriate expertise 
and experience in the research, development, or 
manufacturing sector; 
(I) one shall have appropriate expertise 
and experience in the financial services sector; 
(J) one shall have appropriate expertise 
and experience in the passenger air sector; 
(K) one shall have appropriate expertise 
and experience in the car rental sector; 
(L) one shall have appropriate expertise 
and experience as an official at the state and 
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municipal level, or in associations of such offi-
cials; 
(M) one shall have appropriate expertise 
and experience in the higher education sector 
and in coordinating international scholarly con-
ferences in the United States; 
(N) one shall have appropriate expertise 
and experience in immigration law and policy, 
including visa requirements and United States 
entry procedures; and 
(O) one shall have appropriate expertise in 
matters relating to homeland security policy, in-
cluding border and travel security and facilita-
tion programs. 
(2) INCORPORATION.—The members of the ini-
tial board of directors shall serve as incorporators 
and shall take whatever actions are necessary to es-
tablish the Corporation under the District of Colum-
bia Nonprofit Corporation Act (sec. 29–301.01 et 
seq.). 
(3) 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— 
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(A) 3 shall be appointed for terms of 1 
year; 
(B) 4 shall be appointed for terms of 2 
years; and 
(C) 4 shall be appointed for terms of 3 
years. 
(4) VACANCIES.—Any vacancy in the board 
shall not affect its power, but shall be filled in the 
manner required by this section. Any member whose 
term has expired may serve until the member’s suc-
cessor has taken office, or until the end of the cal-
endar 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 prede-
cessor’s term. No member of the board shall be eligi-
ble to serve more than 2 consecutive full terms. 
(5) ELECTION OF CHAIRMAN AND VICE CHAIR-
MAN.—Members of the board shall annually elect 
one of their members to be chairman and elect 1 or 
more of their members as a vice chairman or vice 
chairmen. 
(6) STATUS
AS
FEDERAL
EMPLOYEES.—Not-
withstanding any provision of law to the contrary, 
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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. 
(7) COMPENSATION; EXPENSES.—No member 
of the board shall receive any compensation from the 
Federal Government or the Corporation by virtue of 
his or her service as a member of the board. Each 
member of the board shall be paid actual travel ex-
penses 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. 
(c) OFFICERS AND EMPLOYEES.— 
(1) IN GENERAL.—The Corporation shall have 
a President, 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 indi-
vidual 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 employ-
ees as may be necessary to carry out its purposes. 
No officer or employee of the Corporation may re-
ceive any salary or other compensation (except for 
compensation for services on boards of directors of 
other organizations that do not receive funds from 
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the Corporation, on committees of such boards, and 
in similar activities for such organizations) from any 
sources other than the Corporation for services ren-
dered 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 orga-
nizations shall be subject to annual advance ap-
proval 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. 
(2) 
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. 
(d) NONPROFIT
AND NONPOLITICAL NATURE
OF 
CORPORATION.— 
(1) STOCK.—The Corporation shall have no 
power to issue any shares of stock, or to declare or 
pay any dividends. 
(2) 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 
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(C) take such other actions as may be nec-
essary to accomplish the purposes set forth in 
this section. 
(f) 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 ma-
jority vote, close any such meeting only for the time nec-
essary to preserve the confidentiality of commercial or fi-
nancial information that is privileged or confidential, to 
discuss personnel matters, or to discuss legal matters af-
fecting the Corporation, including pending or potential liti-
gation. 
(g) MAJOR CAMPAIGNS.—The board may not author-
ize the Corporation to obligate or expend more than 
$25,000,000 on any advertising campaign, promotion, or 
related effort unless— 
(1) 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; 
(2) at least 8 members of the board are present 
at the meeting at which it is approved; and 
(3) 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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(h) FISCAL ACCOUNTABILITY.— 
(1) FISCAL YEAR.—The Corporation shall es-
tablish as its fiscal year the 12-month period begin-
ning on October 1. 
(2) BUDGET.—The Corporation shall adopt a 
budget for each fiscal year. 
(3) 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. 
SEC. 3. ACCOUNTABILITY MEASURES. 
(a) OBJECTIVES.—The Board shall establish annual 
objectives for the Corporation for each fiscal year subject 
to approval by the Secretary, in consultation with the Sec-
retary 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. 
(b) 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 ex-
penditure provided for by the budget in excess of 
$5,000,000 for the fiscal year. The Corporation shall 
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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. 
(c) ANNUAL REPORT TO CONGRESS.—The Corpora-
tion shall submit an annual report for the preceding fiscal 
year to the Secretary of Commerce and the Secretary of 
Homeland Security for transmittal to Congress on or be-
fore the 15th day of May of each year. The report shall 
include— 
(1) a comprehensive and detailed report of the 
Corporation’s operations, activities, financial condi-
tion, and accomplishments under this Act; 
(2) a comprehensive and detailed inventory of 
amounts obligated or expended by the Corporation 
during the preceding fiscal year; 
(3) 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 context 
of the Corporation’s mission; 
(4) an objective and quantifiable measurement 
of its progress, on an objective-by-objective basis, in 
meeting the objectives established by the board; 
(5) an explanation of the reason for any failure 
to achieve an objective established by the board, and 
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any revisions or alterations to the Corporation’s ob-
jectives under subsection (a); 
(6) a comprehensive and detailed report of the 
Corporation’s operations and activities to promote 
tourism in rural and urban areas; and 
(7) such recommendations as the Corporation 
deems appropriate. 
SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING. 
(a) 
ESTABLISHMENT
OF
TRAVEL
PROMOTION 
FUND.—There is hereby established in the Treasury a 
fund which shall be known as the ‘‘Travel Promotion 
Fund’’. 
(b) FUNDING.— 
(1) FIRST
YEAR.—For fiscal year 2009, the 
Secretary of the Treasury, not earlier than October 
1, 2008, and not before the Secretary has appointed 
all members of the Corporation’s board of directors, 
may transfer to the Corporation such sums as may 
be necessary, but not to exceed $10,000,000, subject 
to the availability of appropriations to carry out this 
section to cover its initial expenses and activities 
under this Act. At the earliest practicable date, the 
Corporation shall reimburse the Treasury any such 
amounts borrowed from the Treasury, with at least 
50 percent reimbursed before October 1, 2011, and 
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the remainder reimbursed before October 1, 2013. 
Reimbursement shall include interest at a rate deter-
mined by the Treasury taking into consideration 
current market yields on outstanding Treasury secu-
rities of comparable maturities and including any 
additional charges determined by the Secretary of 
the Treasury to cover any probable losses and rea-
sonable administrative costs. The Secretary of the 
Treasury shall determine and assess penalties to be 
applied for late payments of principal or interest and 
other Federal credit terms designed to minimize 
Federal exposure to loss, consistent with the Federal 
Credit Reform Act and other applicable Federal 
credit policies. 
(2) SUBSEQUENT YEARS.—For each of fiscal 
years 2010 through 2013, from amounts deposited 
in the general fund of the Treasury during the pre-
ceding fiscal year from fees under section 5, the Sec-
retary of the Treasury shall transfer not more than 
$100,000,000 to the Fund, which shall be made 
available to the Corporation, subject to subsections 
(c), (d), and (e), to carry out its functions under this 
Act. Transfers shall be made by the Secretary of the 
Treasury at least quarterly on the basis of estimates 
by the Secretary of the Treasury, determined in con-
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sultation with the Board, of contributions made to 
the Corporation by non-Federal sources, and proper 
adjustments shall be made in amounts subsequently 
transferred to the extent prior estimates were in ex-
cess or less than actual contributions from non-Fed-
eral sources. 
(c) MATCHING REQUIREMENT.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall make available to the Corporation from 
amounts available in the Travel Promotion Fund— 
(A) for fiscal year 2010, twice the amount 
that will be collected from non-Federal sources 
by the Corporation pursuant to section 4(b)(2) 
of this Act and not to exceed $100,000,000; 
and 
(B) for subsequent fiscal years, an amount 
equal to the amount that will be collected from 
non-Federal sources by the Corporation pursu-
ant to section 4(b)(2) of this Act and not to ex-
ceed $100,000,000. 
(2) GOODS AND SERVICES.—For the purpose of 
determining the amount of matching funds, other 
than money, available to the Corporation— 
(A) the fair market value, as determined 
by the Corporation, of goods and services (in-
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(1) in clause (i), by striking ‘‘; and’’ and insert-
ing a semicolon; 
(2) in clause (ii), by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) set for an amount that includes 
an additional amount of not less than $10 
above the amount set under clause (i). 
The additional amount required under clause 
(iii) shall be transferred to the Treasury for the 
purpose of offsetting appropriations made to 
the Corporation for Travel Promotion estab-
lished in section 2 of the Travel Promotion Act 
of 2008, according to the requirements of sec-
tion 4 of such Act. Such additional amount may 
be reduced if the secretary of the Treasury de-
termines that the additional amount is not nec-
essary to ensure that the Corporation is fully 
funded.’’. 
SEC. 6. INVESTMENT OF FUNDS. 
Pending disbursement pursuant to a program, plan, 
or project, the Corporation may invest 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 
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account or certificate of deposit of a bank that is a mem-
ber of the Federal Reserve System, or in obligations fully 
guaranteed as to principal and interest by the United 
States. The Secretary of the Treasury shall reduce the 
total amount of funding for a given fiscal year to be trans-
ferred from the Travel Promotion Fund to the Corpora-
tion by the amount of interest earned by the Corporation 
as a result of its investments pursuant to this section for 
the preceding fiscal year. 
SEC. 7. PROHIBITION ON USE OF FUNDS. 
No funds raised by the Treasury Department’s Trav-
el Promotion Fund or the Corporation for Travel Pro-
motion may be used to directly promote or advertise a spe-
cific corporation. 
SEC. 8. AMENDMENTS TO THE INTERNATIONAL TRAVEL 
ACT OF 1961. 
(a) POWERS AND DUTIES OF SECRETARY OF COM-
MERCE.—Section 201 of the International Travel Act of 
1961 (22 U.S.C. 2122) is amended— 
(1) in the first sentence of the matter preceding 
paragraph (1)— 
(A) by striking ‘‘and by the United States 
National Tourism Organization Act of 1996’’; 
and 
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(B) by striking ‘‘United States National 
Tourism Organization’’ and inserting ‘‘Corpora-
tion for Travel Promotion (established by sec-
tion 3 of the Travel Promotion Act of 2008)’’; 
(2) in paragraph (4), by striking ‘‘United 
States National Tourism Organization’’ and insert-
ing ‘‘Corporation for Travel Promotion’’; and 
(3) by adding at the end the following: 
‘‘Such plan may not include a comprehensive international 
advertising campaign relating to critical tourism func-
tions.’’. 
(b) TOURISM POLICY COUNCIL.— 
(1) MEMBERSHIP.—Subsection (b) of section 
301 of the International Travel Act of 1961 (22 
U.S.C. 2124) is amended— 
(A) by striking paragraphs (8) through 
(10); 
(B) by redesignating paragraph (11) as 
paragraph (13); 
(C) by inserting after paragraph (7) the 
following new paragraphs: 
‘‘(8) The Secretary of Homeland Security. 
‘‘(9) The Commissioner of U.S. Customs and 
Border Protection of the Department of Homeland 
Security. 
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‘‘(10) The Assistant Secretary of U.S. Customs 
and Immigration Enforcement of the Department of 
Homeland Security. 
‘‘(11) The Secretary of Education.’’; and 
(D) in paragraph (13) (as redesignated by 
subparagraph (B) of this paragraph), by insert-
ing ‘‘, in consultation with other members of 
the Council’’ at the end before the period. 
(2) MEETINGS.—Subsection (d) of such section 
is amended to read as follows: 
‘‘(d) The Council shall meet not less than 2 times 
a year. For the purposes of conducting business, each 
member of the Council may appoint a designee to rep-
resent such member during one or more meetings of the 
Council.’’. 
(3) INVOLVEMENT OF FEDERAL AGENCIES AND 
DEPARTMENTS.—Subsection (e) of such section is 
amended by adding at the end the following new 
paragraph: 
‘‘(4) Members of the Council shall provide the Cor-
poration for Travel Promotion with timely information re-
garding documentation and procedures required for ad-
mission to the United States and regarding strategies 
planned by any Federal department or agency to promote 
travel to the United States for tourism, business, study, 
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scholarship, scientific exchange, or other purposes, so that 
the Corporation for Travel Promotion may better conduct 
its communications and promotion activities.’’. 
(4) ANNUAL
REPORT.—Subsection (g)(3) of 
such section is amended by striking ‘‘United States 
National Tourism Organization’’ and inserting ‘‘Cor-
poration for Travel Promotion’’. 
(5) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—Subsection (h) of such section is 
amended by striking ‘‘President of the United States 
National Tourism Organization’’ and inserting 
‘‘President of the Corporation for Travel Pro-
motion’’. 
(c) REPEAL OF AUTHORITIES RELATING TO THE 
UNITED STATES TRAVEL AND TOURISM PROMOTION AD-
VISORY BOARD.—Section 210 of the Department of Com-
merce and Related Agencies Appropriations Act, 2003 
(contained in title II of division B of Public Law 108– 
7; 117 Stat. 78–79; 22 U.S.C. 2122 note) is amended— 
(1) by striking subsections (b) through (d); and 
(2) by redesignating subsection (e) as sub-
section (b). 
SEC. 9. DEFINITIONS. 
In this Act, the following definitions apply: 
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