CHAPTER 31 - INTERNATIONAL TRAVEL
Title 22 > CHAPTER 31
Sections (12)
§ 2121 Congressional findings; establishment of policy
(a) The Congress finds that— the tourism and recreation industries are important to the United States, not only because of the numbers of people they serve and the vast human, financial, and physical resources they employ, but because of the great benefits tourism, recreation, and related activities confer on individuals and on society as a whole; the Federal Government for many years has encouraged tourism and recreation implicitly in its statutory commitments to the shorter workyear and to the national passenger transportation system, and explicitly in a number of legislative enactments to promote tourism and support development of outdoor recreation, cultural attractions, and historic and natural heritage resources; as incomes and leisure time continue to increase, and as our economic and political systems develop more complex global relationships, tourism and recreation will become ever more important aspects of our daily lives; and the existing extensive Federal Government involvement in tourism, recreation, and other related activities needs to be better coordinated to effectively respond to the national interest in tourism and recreation and, where appropriate, to meet the needs of State and local governments and the private sector.
(b) There is established a national tourism policy to— optimize the contributions of the tourism and recreation industries to the position of the United States with respect to international competitiveness, economic prosperity, full employment, and the balance of payments; increase United States export earnings from United States tourism and transportation services traded internationally; ensure the orderly growth and development of tourism; coordinate and encourage the development of the tourism industry in rural communities which— have been severely affected by the decline of agriculture, family farming, or the extraction or manufacturing industries, or by the closing of military bases; and have the potential necessary to support and sustain an economy based on tourism; promote increased and more effective investment in international tourism by the States, local governments, and cooperative tourism marketing programs; make the opportunity for and benefits of tourism and recreation in the United States universally accessible to residents of the United States and foreign countries and insure that present and future generations are afforded adequate tourism and recreation resources; contribute to personal growth, health, education, and intercultural appreciation of the geography, history, and ethnicity of the United States; encourage the free and welcome entry of individuals traveling to the United States, in order to enhance international understanding and goodwill, consistent with immigration laws, the laws protecting the public health, and laws governing the importation of goods into the United States; eliminate unnecessary trade barriers to the United States tourism industry operating throughout the world; encourage competition in the tourism industry and maximum consumer choice through the continued viability of the retail travel agent industry and the independent tour operator industry; promote the continued development and availability of alternative personal payment mechanisms which facilitate national and international travel; promote quality, integrity, and reliability in all tourism and tourism-related services offered to visitors to the United States; preserve the historical and cultural foundations of the Nation as a living part of community life and development, and insure future generations an opportunity to appreciate and enjoy the rich heritage of the Nation; insure the compatibility of tourism and recreation with other national interests in energy development and conservation, environmental protection, and the judicious use of natural resources; assist in the collection, analysis, and dissemination of data which accurately measure the economic and social impact of tourism to and within the United States, in order to facilitate planning in the public and private sectors; and harmonize, to the maximum extent possible, all Federal activities in support of tourism and recreation with the needs of the general public and the States, territories, local governments, and the tourism and recreation industry, and to give leadership to all concerned with tourism, recreation, and national heritage preservation in the United States.
§ 2122 Powers and duties of Secretary of Commerce
In order to carry out the national tourism policy established in section 2121(b) of this title and by the United States National Tourism Organization Act of 1996, the Secretary of Commerce (hereafter in this chapter referred to as the “Secretary”) shall develop and implement a comprehensive plan to perform critical tourism functions which, in the determination of the Secretary, are not being carried out by the United States National Tourism Organization or other private sector entities or State governments. Such plan may include programs to— collect and publish comprehensive international travel and tourism statistics and other marketing information; design, implement, and publish international travel and tourism forecasting models; facilitate the reduction or elimination of barriers to international travel and tourism; and work with the United States National Tourism Organization, the Tourism Policy Council, State tourism agencies, and Federal agencies in— coordinating the Federal implementation of a national travel and tourism policy; representing the United States’ international travel and tourism interests to foreign governments; and maintaining United States participation in international travel and tourism trade shows and fairs until such activities can be transferred to such Organization and other private sector entities. ( Pub. L. 87–63, title II, § 201 , formerly § 2, June 29, 1961 , 75 Stat. 129 ; Pub. L. 93–623, § 6 , Jan. 3, 1975 , 88 Stat. 2105 ; renumbered and amended Pub. L. 97–63, § 3(b) , (e)(1), Oct. 16, 1981 , 95 Stat. 1012 , 1013; Pub. L. 102–372, § 6(a) , Sept. 30, 1992 , 106 Stat. 1175 ; Pub. L. 104–288, § 10 , Oct. 11, 1996 , 110 Stat. 3407 .)
“The Secretary of Commerce, to the extent available resources permit, shall improve the survey of international air travelers conducted to provide the data needed to estimate the Nation’s balance of payments in international travel by— expanding the survey to cover travel to and from the Middle East, Africa, South America, and the Caribbean and enhancing coverage for Mexico, Oceania, the Far East, and Europe; and improving the methodology for conducting on-board surveys by (A) enhancing communications, training, and liaison activities in cooperation with participating air carriers, (B) providing for the continuation of needed data bases, and (C) utilizing improved sampling procedures. The Secretary of Commerce shall seek to increase the reporting frequency of the data provided by Statistics Canada and the Bank of Mexico on international travel trade between the United States and both Canada and Mexico. The Secretary shall improve the quarterly statistical report on United States international travel receipts and payments published in the Bureau of Economic Analysis document known as ‘The Survey of Current Services’ and heighten its visibility.”
§ 2123 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 The Office shall be headed by a Director who shall be appointed by the Secretary. 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. 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— serve as liaison to the Corporation for Travel Promotion established by subsection (b) of section 11 of the Travel Promotion Act of 2009 1 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; work with the Corporation, the Secretary of State and the Secretary of Homeland Security— to disseminate information more effectively to potential international visitors about documentation and procedures required for admission to the United States as a visitor; to ensure that arriving international visitors are generally welcomed with accurate information and in an inviting manner; to collect accurate data on the total number of international visitors that visit each State; and enhance the entry and departure experience for international visitors through the use of advertising, signage, and customer service; and support State, regional, and private sector initiatives to promote travel to and within the United States.
(d) Reports to Congress Within a year after March 4, 2010 , 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 of State and the Secretary of Homeland Security to carry out subsection (c)(2).
§ 2123a 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— expanding access to the official Mexican travel surveys data to provide the States with traveler characteristics and visitation estimates for targeted marketing programs; 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; developing estimates of international travel exports (expenditures) on a State-by-State basis to enable each State to compare its comparative position to national totals and other States; evaluate the success of the Corporation in achieving its objectives and carrying out the purposes of section 2131 of this title ; and research to support the annual reports required by section 2123(d) of this title .
(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.
§§ 2123b to 2123d Repealed. Pub. L. 104–288, § 9(a), Oct. 11, 1996, 110 Stat. 3407
§ 2124 Tourism Policy Council
(a) Establishment In order to ensure that the United States’ national interest in tourism is fully considered in Federal decision making, there is established a coordinating council to be known as the Tourism Policy Council (hereafter in this chapter referred to as the “Council”).
(b) Membership The Council shall consist of the following individuals: The Secretary of Commerce, who shall serve as the Chairman of the Council. The Under Secretary of Commerce for International Trade. The Director of the Office of Management and Budget. The Secretary of State. The Secretary of the Interior. The Secretary of Labor. The Secretary of Transportation. The Commissioner of the United States Customs Service. The President of the United States National Tourism Organization. The Commissioner of the Immigration and Naturalization Service. Representatives of other Federal agencies which have affected interests at each meeting as deemed appropriate and invited by the Chairman.
(c) No additional compensation for Council members Members of the Council shall serve without additional compensation.
(d) Council meetings The Council shall conduct its first meeting not later than 6 months after October 11, 1996 . Thereafter the Council shall meet not less than 2 times each year.
(e) Involvement of Federal agencies and departments The Council shall coordinate national policies and programs relating to international travel and tourism, recreation, and national heritage resources, which involve Federal agencies; The Council may request directly from any Federal department or agency such personnel, information, services, or facilities as deemed necessary by the Chairman and to the extent permitted by law and within the limits of available funds. Federal departments and agencies may, in their discretion, detail to temporary duty with the Council such personnel as the Chairman may request for carrying out the functions of the Council. Each such detail of personnel shall be without loss of seniority, pay, or other employee status.
(f) Closed meetings Where necessary to prevent the public disclosure of non-public information which may be presented by a Council member, the Council may hold, at the discretion of the Chairman, a closed meeting which may exclude any individual who is not an officer or employee of the United States.
(g) Annual report The Council shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress on or before December 31 of each year. The report shall include— a comprehensive and detailed report of the activities and accomplishments of the Council; the results of Council efforts to coordinate the policies and programs of member’s agencies that have a significant effect on international travel and tourism, recreation, and national heritage resources, including progress toward resolving interagency conflicts and development of cooperative program activity; an analysis of problems referred to the Council by State and local governments, the tourism industry, the United States National Tourism Organization, the Secretary of Commerce, along with a detailed summary of any action taken or anticipated to resolve such problems; and any recommendation as deemed appropriate by the Council.
(h) Applicability of chapter 10 of title 5 The membership of the President of the United States National Tourism Organization on the Council shall not in itself make chapter 10 of title 5 applicable to the Council.
§§ 2124a, 2124b Repealed. Pub. L. 104–288, §§ 9(a), 11, Oct. 11, 1996, 110 Stat. 3407, 3408
§ 2124c Rural Tourism Development Foundation
(a) Establishment of Foundation In order to assist in the development and promotion of rural tourism, there is established a charitable and nonprofit corporation to be known as the Rural Tourism Development Foundation (hereafter in this section referred to as the “Foundation”).
(b) Functions The functions of the Foundation shall be the planning, development, and implementation of projects and programs which have the potential to increase travel and tourism export revenues by attracting foreign visitors to rural America. Initially, such projects and programs shall include— participation in the development and distribution of educational and promotional materials pertaining to both private and public attractions located in rural areas of the United States, including Federal parks and recreational lands, which can be used by foreign visitors; development of educational resources to assist in private and public rural tourism development; and participation in Federal agency outreach efforts to make such resources available to private enterprises, State and local governments, and other persons and entities interested in rural tourism development.
(c) Board of Directors The Foundation shall have a Board of Directors (hereafter in this section referred to as the “Board”) that— during its first two years shall consist of nine voting members; and thereafter shall consist of those nine members plus up to six additional voting members as determined in accordance with the bylaws of the Foundation. The Secretary of Commerce shall, within six months after September 30, 1992 , appoint the initial nine voting members of the Board and thereafter shall appoint the successors of each of three such members, as provided by such bylaws. The voting members of the Board, other than those referred to in clause (i), shall be appointed in accordance with procedures established by such bylaws. The voting members of the Board shall be individuals who are not Federal officers or employees and who have demonstrated an interest in rural tourism development. Of such voting members, at least a majority shall have experience and expertise in tourism trade promotion, at least one shall have experience and expertise in resource conservation, at least one shall have experience and expertise in financial administration in a fiduciary capacity, at least one shall be a representative of an Indian tribe who has experience and expertise in rural tourism on an Indian reservation, at least one shall represent a regional or national organization or association with a major interest in rural tourism development or promotion, and at least one shall be a representative of a State who is responsible for tourism promotion. Voting members of the Board shall each serve a term of six years, except that— initial terms shall be staggered to assure continuity of administration; if a person is appointed to fill a vacancy occurring prior to the expiration of the term of the person’s predecessor, that person shall serve only for the remainder of the predecessor’s term; and any such appointment to fill a vacancy shall be made within sixty days after the vacancy occurs. The Secretary of Commerce and representatives of Federal agencies with responsibility for Federal recreational sites in rural areas (including the National Park Service, Bureau of Land Management, Forest Service, Corps of Engineers, Bureau of Indian Affairs, Tennessee Valley Authority, and such other Federal agencies as the Board determines appropriate) shall be nonvoting ex-officio members of the Board. The Chairman and Vice Chairman of the Board shall be elected by the voting members of the Board for terms of two years. The Board shall meet at the call of the Chairman and there shall be at least two meetings each year. A majority of the voting members of the Board serving at any one time shall constitute a quorum for the transaction of business. The Foundation shall have an official seal, which shall be judicially noticed. Voting membership on the Board shall not be deemed to be an office within the meaning of the laws of the United States.
(d) Compensation and expenses No compensation shall be paid to the members of the Board for their services as members, but they may be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of Foundation funds available to the Board for such purposes.
(e) Acceptance of gifts, devises, and bequests The Foundation is authorized to accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with rural tourism, except that the Foundation may not accept any such gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of rural tourism. A gift, devise, or bequest accepted by the Foundation for the benefit of or in connection with rural tourism on Indian reservations, pursuant to section 5341 of title 25 , shall be maintained in a separate accounting for the benefit of Indian tribes in the development of tourism on Indian reservations.
(f) Investments Except as otherwise required by the instrument of transfer, the Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income thereof as the Board may from time to time determine. The Foundation shall not engage in any business, nor shall the Foundation make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer and may retain any property accepted by the Foundation.
(g) Perpetual succession; liability of Board members The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board shall not be personally liable, except for malfeasance.
(h) Contractual power The Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes.
(i) Administration In carrying out the provisions of this section, the Board may adopt bylaws, rules, and regulations necessary for the administration of its functions and may hire officers and employees and contract for any other necessary services. Such officers and employees shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service and may be paid without regard to the provisions of chapters 51 and 53 of such title relating to classification and General Schedule pay rates. The Secretary of Commerce may accept the voluntary and uncompensated services of the Foundation, the Board, and the officers and employees of the Foundation in the performance of the functions authorized under this section, without regard to section 1342 of title 31 or the civil service classification laws, rules, or regulations. Neither an officer or employee hired under paragraph (1) nor an individual who provides services under paragraph (2) shall be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, relating to tort claims.
(j) Exemption from taxes; contributions The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. The Foundation may, however, in the discretion of the Board, contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation by virtue of this subsection or by virtue of its being a charitable and nonprofit corporation and may agree so to contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. Contributions, gifts, and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States.
(k) Liability of United States The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.
(l) Annual report The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments.
(m) Definitions As used in this section— the term “Indian reservation” has the meaning given the term “reservation” in section 1452(d) of title 25 ; the term “Indian tribe” has the meaning given that term in section 5304(e) of title 25 ; the term “local government” has the meaning given that term in section 3371(2) of title 5 ; and the term “rural tourism” has the meaning given that term by the Secretary of Commerce and shall include activities related to travel and tourism that occur on Federal recreational sites, on Indian reservations, and in the territories, possessions, and commonwealths of the United States.
§ 2125 Transferred
§§ 2126 to 2129 Repealed. Pub. L. 104–288, § 9(a), Oct. 11, 1996, 110 Stat. 3407
§ 2131 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 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. The Corporation shall have a board of directors of 11 members with knowledge of international travel promotion or marketing, broadly representing various regions of the United States, who are United States citizens. At least 5 members of the board shall have experience working in United States multinational entities with marketing budgets. At least 2 members of the board shall be audit committee financial experts (as defined by the Securities and Exchange Commission in accordance with section 7265 of title 15 ). All members of the board shall be a current or former chief executive officer, chief financial officer, or chief marketing officer, or have held an equivalent management position. 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: 1 shall have appropriate expertise and experience in the hotel accommodations sector; 1 shall have appropriate expertise and experience in the restaurant or foodservice sector; 1 shall have appropriate expertise and experience in the small business or retail sector or in associations representing that sector; 1 shall have appropriate expertise and experience in the travel distribution services sector; 1 shall have appropriate expertise and experience in the attractions or recreations sector, such as outdoor recreation; 1 shall have appropriate expertise and experience as officials of a city convention and visitors’ bureau; 2 shall have appropriate expertise and experience as officials of a State tourism office; 1 shall have appropriate expertise and experience in the commercial or private passenger air sector; 1 shall have appropriate expertise and experience in immigration law and policy, including visa requirements and United States entry procedures; and 1 shall have appropriate expertise in the land or sea passenger transportation sector. The members of the initial board of directors shall serve as incorporators and shall take whatever actions are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29–301.01 et seq.). 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— 3 shall be appointed for terms of 1 year; 4 shall be appointed for terms of 2 years; and 4 shall be appointed for terms of 3 years. The Secretary of Commerce may remove any member of the board for good cause. Any vacancy in the board shall not affect its power, but shall be filled in the manner required by this subsection. Any member whose term has expired may serve until the member’s successor has taken office, or until the end of the calendar year in which the member’s term has expired, whichever is earlier. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which that member’s predecessor was appointed shall be appointed for the remainder of the predecessor’s term. No member of the board shall be eligible to serve more than 2 consecutive full 3-year terms. 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. 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. 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 . 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 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. 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. The Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends. 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. The Corporation may not contribute to or otherwise support any political party or candidate for elective public office. It is the sense of Congress that the Corporation should not engage in lobbying activities (as defined in section 1602(7) of title 2 . 1 The Corporation shall develop and execute a plan— to provide useful information to foreign tourists, business people, students, scholars, scientists, and others interested in traveling to the United States, including the distribution of material provided by the Federal government concerning entry requirements, required documentation, fees, processes, and information concerning declared public health emergencies, to prospective travelers, travel agents, tour operators, meeting planners, foreign governments, travel media and other international stakeholders; to identify, counter, and correct misperceptions regarding United States entry policies around the world; 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, speaking conventions, sales missions, and other appropriate promotional activities; to ensure that international travel benefits all States and territories of the United 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; to give priority to the Corporation’s efforts with respect to countries and populations most likely to travel to the United States; and to promote tourism to the United States through digital media, online platforms, and other appropriate medium. 2 In order to carry out the purposes of this subsection, the Corporation may— obtain grants from and make contracts with individuals and private companies, State, and Federal agencies, organizations, and institutions; hire or accept the voluntary services of consultants, experts, advisory boards, and panels to aid the Corporation in carrying out its purposes; and take such other actions as may be necessary to accomplish the purposes set forth in this subsection. The Corporation shall develop and maintain a publicly accessible website. Meetings of the board of directors of the Corporation, including any committee of the board, shall be open to the public. The board may, by majority vote, close any such meeting only for the time necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal matters affecting the Corporation, including pending or potential litigation. 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— 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; at least 6 members of the board are present at the meeting at which it is approved; and each member of the board has been given at least 5 days advance notice of the meeting at which the vote is to be taken and the matters to be voted upon at that meeting. The Corporation shall establish as its fiscal year the 12-month period beginning on October 1. The Corporation shall adopt a budget for each fiscal year. 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. Not later than 2 years after March 4, 2010 , 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 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 days before the beginning of that year and provide a copy of the plan, and any revisions thereof, to the Secretary. 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 $450,000 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. 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 comprehensive and detailed report of the Corporation’s operations, activities, financial condition, and accomplishments under this section; a comprehensive and detailed inventory of amounts obligated or expended by the Corporation during the preceding fiscal year; a detailed description of each in-kind contribution, its fair market value, the individual or organization responsible for contributing, its specific use, and a justification for its use within the context of the Corporation’s mission; an objective and quantifiable measurement of its progress, on an objective-by-objective basis, in meeting the objectives established by the board; 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); a comprehensive and detailed report of the Corporation’s operations and activities to promote tourism in rural and urban areas; a description of, and rationales for, the Corporation’s efforts to focus on specific countries and populations; a description of, and rationales for, the Corporation’s combination of media channels employed in meeting the promotional objectives of its marketing campaign; the ratio in which such channels are used; and a justification for the use and ratio of such channels; a list of countries the Corporation identifies as emerging markets for tourism to the United States; a description of the efforts the Corporation has made to promote tourism to rural areas of the United States; and such recommendations as the Corporation deems appropriate. 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 There is hereby established in the Treasury a fund which shall be known as the Travel Promotion Fund. The Secretary of the Treasury shall make available to the Corporation such sums as may be necessary, but not to exceed 20,000,000 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. No amounts may be made available to the Corporation under this subsection after fiscal year 2011, except to the extent that— for fiscal year 2012, 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 for any fiscal year after fiscal year 2012, 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. For the purpose of determining the amount received from non-Federal sources by the Corporation, other than money— 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 the fair market value of such goods and services may not account for more than 50 percent of the matching requirement under subparagraph (A) for the Corporation in any fiscal year. The Corporation may decline to accept any contribution in-kind that it determines to be inappropriate, not useful, or commercially worthless. 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. The Corporation shall maintain an in-kind contributions policy. Not later than 90 days after December 16, 2014 , the Secretary of Commerce, in coordination with the Corporation, shall establish formal, publicly available procedures specifying time frames and conditions for— making and agreeing to revisions of the Corporation’s in-kind contributions policy; and addressing and resolving disagreements between the Corporation and its partners, including the Secretary of Commerce, regarding the in-kind contributions policy. The Corporation and the Secretary of Commerce (or their designees) shall meet on a biannual basis to review the procedures to determine the fair market value of goods and services received from non-Federal sources by the Corporation under subparagraph (B). Amounts transferred to the Fund under paragraph (2)(B) shall remain available until expended. Any amount received by the Corporation from non-Federal sources in each of the fiscal years 2011 through 2027 that cannot be used to meet the matching requirement under paragraph (3)(A) for the fiscal year in which amount was collected may be carried forward and treated as having been received in the succeeding fiscal year for purposes of meeting the matching requirement of paragraph (3)(A) in such succeeding fiscal year.
(e) Repealed. Pub. L. 113–235, div. B, title VI, § 607, Dec. 16, 2014, 128 Stat. 2220
(f) Accountability Not later than 90 days after December 16, 2014 , the Corporation shall— establish performance metrics including, time frames, evaluation methodologies, and data sources for measuring— the effectiveness of marketing efforts by the Corporation, including its progress in achieving the long-term goals of increased traveler visits to and spending in the United States; whether increases in visitation and spending have occurred in response to external influences, such as economic conditions or exchange rates, rather than in response to the efforts of the Corporation; and any cost or benefit to the economy of the United States; and conduct periodic program evaluations in response to the data resulting from measurements under subparagraph (A). Not later than 60 days after the date on which the Corporation receives a report from the Government Accountability Office with recommendations for the Corporation, the Corporation shall submit a report to Congress that describes the actions taken by the Corporation in response to the recommendations in such report.
(g) Procurement requirements The Corporation shall— establish a competitive procurement process; and certify in its annual report to Congress under subsection (c)(3) that any contracts entered into were in compliance with the established competitive procurement process.
(h) to (j) Omitted