---
kind: "section"
citation: "22 U.S.C. § 2131"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "2131"
heading: "Travel Promotion Act of 2009"
release: "119-102"
url: "https://uscodex.org/usc/22/2131"
units:
  - "Chapter 31 — International Travel"
  - "Subchapter IV — Corporation for Travel Promotion"
---

# §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—**
  - (1) **Establishment—** The [Corporation](/usc/22/7702.md?p=6) for Travel Promotion is established as a nonprofit [corporation](/usc/22/7702.md?p=6). The [Corporation](/usc/22/7702.md?p=6) shall not be an agency or establishment of the [United States](/usc/22/1395.md?p=a-1) Government. The [Corporation](/usc/22/7702.md?p=6) 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](/usc/22/7702.md?p=6) by that Act to carry out its purposes and activities.
  - (2) **Board of directors—**
    - (A) **In general—** The [Corporation](/usc/22/7702.md?p=6) shall have a [board](/usc/22/2431a.md?p=4) of directors of 11 members with knowledge of international travel promotion or marketing, broadly representing various regions of the [United States](/usc/22/1395.md?p=a-1), who are [United States](/usc/22/1395.md?p=a-1) citizens. At least 5 members of the [board](/usc/22/2431a.md?p=4) shall have experience working in [United States](/usc/22/1395.md?p=a-1) multinational entities with marketing budgets. At least 2 members of the [board](/usc/22/2431a.md?p=4) shall be audit committee financial experts (as defined by the Securities and Exchange [Commission](/usc/22/277d–43.md?p=2) in accordance with [section 7265 of title 15](/usc/15/7265.md)). All members of the [board](/usc/22/2431a.md?p=4) shall be a current or former [chief executive officer](/usc/22/7702.md?p=4), chief financial officer, or chief marketing officer, or have held an equivalent management position. Members of the [board](/usc/22/2431a.md?p=4) shall be appointed by the [Secretary](/usc/22/277d–43.md?p=5) of Commerce (after consultation with the [Secretary](/usc/22/277d–43.md?p=5) 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 or foodservice sector;
      - (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 sector, such as outdoor recreation;
      - (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](/usc/22/2214a.md?p=9);
      - (viii) 1 shall have appropriate expertise and experience in the commercial or private passenger air sector;
      - (ix) 1 shall have appropriate expertise and experience in immigration law and policy, including visa requirements and [United States](/usc/22/1395.md?p=a-1) entry procedures; and
      - (x) 1 shall have appropriate expertise in the land or sea passenger transportation sector.
    - (B) **Incorporation—** The members of the initial [board](/usc/22/2431a.md?p=4) of directors shall serve as incorporators and shall take whatever actions are necessary to establish the [Corporation](/usc/22/7702.md?p=6) under the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29–301.01 et seq.).
    - (C) **Term of office—** The term of [office](/usc/22/2214a.md?p=9) of each member of the [board](/usc/22/2431a.md?p=4) appointed by the [Secretary](/usc/22/277d–43.md?p=5) 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](/usc/22/277d–43.md?p=5) of Commerce may remove any member of the [board](/usc/22/2431a.md?p=4) for good cause.
    - (E) **Vacancies—** Any vacancy in the [board](/usc/22/2431a.md?p=4) 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](/usc/22/2214a.md?p=9), 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](/usc/22/2431a.md?p=4) shall be eligible to serve more than 2 consecutive full 3-year terms.
    - (F) **Election of Chairman and Vice Chairman—** Members of the [board](/usc/22/2431a.md?p=4) shall annually elect one of the members to be [Chairman](/usc/22/262r.md?p=c-1) and elect 1 or 2 of the members as Vice [Chairman](/usc/22/262r.md?p=c-1) or Vice Chairmen.
    - (G) **Status as Federal employees—** Notwithstanding any provision of law to the contrary, no member of the [board](/usc/22/2431a.md?p=4) may be considered to be a Federal [employee](/usc/22/4341.md?p=1) of the [United States](/usc/22/1395.md?p=a-1) by virtue of his or her service as a member of the [board](/usc/22/2431a.md?p=4).
    - (H) **Compensation; expenses—** No member shall receive any compensation from the Federal government for serving on the [Board](/usc/22/2431a.md?p=4). Each member of the [Board](/usc/22/2431a.md?p=4) 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](/usc/5/5703.md).
  - (3) **Officers and employees—**
    - (A) **In general—** The [Corporation](/usc/22/7702.md?p=6) shall have an [executive director](/usc/22/10601.md?p=5) and such other officers as may be named and appointed by the [board](/usc/22/2431a.md?p=4) for terms and at rates of compensation fixed by the [board](/usc/22/2431a.md?p=4). No individual other than a citizen of the [United States](/usc/22/1395.md?p=a-1) may be an officer of the [Corporation](/usc/22/7702.md?p=6). The [Corporation](/usc/22/7702.md?p=6) may hire and fix the compensation of such [employees](/usc/22/4341.md?p=1) as may be necessary to carry out its purposes. No officer or [employee](/usc/22/4341.md?p=1) of the [Corporation](/usc/22/7702.md?p=6) may receive any salary or other compensation (except for compensation for services on [boards](/usc/22/2431a.md?p=4) of directors of other organizations that do not receive [funds](/usc/22/2431a.md?p=9) from the [Corporation](/usc/22/7702.md?p=6), on committees of such [boards](/usc/22/2431a.md?p=4), and in similar activities for such organizations) from any sources other than the [Corporation](/usc/22/7702.md?p=6) for services rendered during the period of his or her employment by the [Corporation](/usc/22/7702.md?p=6). Service by any officer on [boards](/usc/22/2431a.md?p=4) of directors of other organizations, on committees of such [boards](/usc/22/2431a.md?p=4), and in similar activities for such organizations shall be subject to annual advance approval by the [board](/usc/22/2431a.md?p=4) and subject to the provisions of the [Corporation](/usc/22/7702.md?p=6)’s Statement of Ethical Conduct. All officers and [employees](/usc/22/4341.md?p=1) shall serve at the pleasure of the [board](/usc/22/2431a.md?p=4).
    - (B) **Nonpolitical nature of appointment—** No political test or qualification shall be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers, agents, or [employees](/usc/22/4341.md?p=1) of the [Corporation](/usc/22/7702.md?p=6).
  - (4) **Nonprofit and nonpolitical nature of Corporation—**
    - (A) **Stock—** The [Corporation](/usc/22/7702.md?p=6) 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](/usc/22/7702.md?p=6) shall inure to the benefit of any director, officer, [employee](/usc/22/4341.md?p=1), or any other individual except as salary or reasonable compensation for services.
    - (C) **Politics—** The [Corporation](/usc/22/7702.md?p=6) may not contribute to or otherwise support any political party or candidate for elective public [office](/usc/22/2214a.md?p=9).
    - (D) **Sense of Congress regarding lobbying activities—** It is the sense of Congress that the [Corporation](/usc/22/7702.md?p=6) should not engage in lobbying activities (as defined in [section 1602(7) of title 2](/usc/2/1602.md?p=7).[^1]
  - (5) **Duties and powers—**
    - (A) **In general—** The [Corporation](/usc/22/7702.md?p=6) shall develop and execute a plan—
      - (i) to provide useful information to [foreign](/usc/22/3146.md?p=1) tourists, business people, students, scholars, scientists, and others interested in traveling to the [United States](/usc/22/1395.md?p=a-1), 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](/usc/22/3146.md?p=1) governments, travel media and other international [stakeholders](/usc/22/2152j–4.md?p=3);
      - (ii) to identify, counter, and correct misperceptions regarding [United States](/usc/22/1395.md?p=a-1) entry policies around the world;
      - (iii) to maximize the economic and diplomatic benefits of travel to the [United States](/usc/22/1395.md?p=a-1) by promoting the [United States](/usc/22/1395.md?p=a-1) 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;
      - (iv) to ensure that international travel benefits all States and territories of the [United States](/usc/22/1395.md?p=a-1) 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;
      - (v) to give priority to the [Corporation](/usc/22/7702.md?p=6)’s efforts with respect to countries and populations most likely to travel to the [United States](/usc/22/1395.md?p=a-1); and
      - (vi) to promote tourism to the [United States](/usc/22/1395.md?p=a-1) through digital media, online platforms, and other appropriate medium.[^2]
    - (B) **Specific powers—** In order to carry out the purposes of this subsection, the [Corporation](/usc/22/7702.md?p=6) may—
      - (i) obtain grants from and make contracts with individuals and private companies, State, and Federal agencies, organizations, and institutions;
      - (ii) hire or accept the voluntary services of consultants, experts, advisory [boards](/usc/22/2431a.md?p=4), and [panels](/usc/22/4102.md?p=13) to [aid](/usc/22/2421e.md?p=1) the [Corporation](/usc/22/7702.md?p=6) in carrying out its purposes; and
      - (iii) take such other actions as may be necessary to accomplish the purposes set forth in this subsection.
    - (C) **Public outreach and information—** The [Corporation](/usc/22/7702.md?p=6) shall develop and maintain a publicly accessible website.
  - (6) **Open meetings—** Meetings of the [board](/usc/22/2431a.md?p=4) of directors of the [Corporation](/usc/22/7702.md?p=6), including any committee of the [board](/usc/22/2431a.md?p=4), shall be open to the public. The [board](/usc/22/2431a.md?p=4) 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](/usc/22/7702.md?p=6), including pending or potential litigation.
  - (7) **Major campaigns—** The [board](/usc/22/2431a.md?p=4) may not authorize the [Corporation](/usc/22/7702.md?p=6) to obligate or expend more than $25,000,000 on any advertising campaign, promotion, or related effort unless—
    - (A) the obligation or expenditure is approved by an affirmative vote of at least 2/3 of the members of the [board](/usc/22/2431a.md?p=4) present at the meeting;
    - (B) at least 6 members of the [board](/usc/22/2431a.md?p=4) are present at the meeting at which it is approved; and
    - (C) each member of the [board](/usc/22/2431a.md?p=4) 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.
  - (8) **Fiscal accountability—**
    - (A) **Fiscal year—** The [Corporation](/usc/22/7702.md?p=6) shall establish as its fiscal year the 12-month period beginning on October 1.
    - (B) **Budget—** The [Corporation](/usc/22/7702.md?p=6) shall adopt a budget for each fiscal year.
    - (C) **Annual audits—** The [Corporation](/usc/22/7702.md?p=6) shall engage an independent accounting firm to conduct an annual financial audit of the [Corporation](/usc/22/7702.md?p=6)’s operations and shall publish the results of the audit. The Comptroller General of the [United States](/usc/22/1395.md?p=a-1) may review any audit of a financial statement conducted under this paragraph by an independent accounting firm and may audit the [Corporation](/usc/22/7702.md?p=6)’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](/usc/22/7702.md?p=6).
    - (D) **Program audits—** Not later than 2 years after March 4, 2010, the Comptroller General shall conduct a review of the programmatic activities of the [Corporation](/usc/22/7702.md?p=6) for Travel Promotion. This report shall be provided to [appropriate congressional committees](/usc/22/2152j–4.md?p=1).
- (c) **Accountability measures—**
  - (1) **Objectives—** The [Board](/usc/22/2431a.md?p=4) shall establish annual objectives for the [Corporation](/usc/22/7702.md?p=6) for each fiscal year subject to approval by the [Secretary](/usc/22/277d–43.md?p=5) of Commerce (after consultation with the [Secretary](/usc/22/277d–43.md?p=5) of Homeland Security and the Secretary of State). The [Corporation](/usc/22/7702.md?p=6) 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](/usc/22/277d–43.md?p=5).
  - (2) **Budget—** The [board](/usc/22/2431a.md?p=4) shall transmit a copy of the [Corporation](/usc/22/7702.md?p=6)’s budget for the forthcoming fiscal year to the [Secretary](/usc/22/277d–43.md?p=5) 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](/usc/22/7702.md?p=6) 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](/usc/22/7702.md?p=6)’s website.
  - (3) **Annual report to Congress—** The [Corporation](/usc/22/7702.md?p=6) shall submit an [annual report](/usc/22/6402.md?p=2) for the preceding fiscal year to the [Secretary](/usc/22/277d–43.md?p=5) 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](/usc/22/7702.md?p=6)’s operations, activities, financial condition, and accomplishments under this section;
    - (B) a comprehensive and detailed inventory of amounts obligated or expended by the [Corporation](/usc/22/7702.md?p=6) during the preceding fiscal year;
    - (C) a detailed description of each in-kind contribution, its fair market [value](/usc/22/2794.md?p=2), the individual or organization responsible for contributing, its specific use, and a justification for its use within the context of the [Corporation](/usc/22/7702.md?p=6)’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](/usc/22/2431a.md?p=4);
    - (E) an explanation of the reason for any failure to achieve an objective established by the [board](/usc/22/2431a.md?p=4) and any revisions or alterations to the [Corporation](/usc/22/7702.md?p=6)’s objectives under [paragraph (1)](#c-1);
    - (F) a comprehensive and detailed report of the [Corporation](/usc/22/7702.md?p=6)’s operations and activities to promote tourism in rural and urban areas;
    - (G) a description of, and rationales for, the [Corporation](/usc/22/7702.md?p=6)’s efforts to focus on specific countries and populations;
    - (H)
      - (i) a description of, and rationales for, the [Corporation](/usc/22/7702.md?p=6)’s combination of media channels employed in meeting the promotional objectives of its marketing campaign;
      - (ii) the ratio in which such channels are used; and
      - (iii) a justification for the use and ratio of such channels;
    - (I) a list of countries the [Corporation](/usc/22/7702.md?p=6) identifies as emerging markets for tourism to the [United States](/usc/22/1395.md?p=a-1);
    - (J) a description of the efforts the [Corporation](/usc/22/7702.md?p=6) has made to promote tourism to rural areas of the [United States](/usc/22/1395.md?p=a-1); and
    - (K) such recommendations as the [Corporation](/usc/22/7702.md?p=6) deems appropriate.
  - (4) **Limitation on use of funds—** Amounts deposited in the [Fund](/usc/22/2431a.md?p=9) may not be used for any purpose inconsistent with carrying out the objectives, budget, and report described in this subsection.
- (d) **Matching public and private funding—**
  - (1) **Establishment of Travel Promotion Fund—** There is hereby established in the Treasury a [fund](/usc/22/2431a.md?p=9) which shall be known as the Travel Promotion [Fund](/usc/22/2431a.md?p=9).
  - (2) **Funding—**
    - (A) **Start-up expenses—** The [Secretary](/usc/22/277d–43.md?p=5) of the Treasury shall make available to the [Corporation](/usc/22/7702.md?p=6) such sums as may be necessary, but not to exceed $10,000,000, from amounts deposited in the general [fund](/usc/22/2431a.md?p=9) of the Treasury from fees under [section 1187(h)(3)(B)(i)(I) of title 8](/usc/8/1187.md?p=h-3-B-i-I) to cover the [Corporation](/usc/22/7702.md?p=6)’s initial expenses and activities under this section. Transfers shall be made at least monthly, immediately following the collection of fees under [section 1187(h)(3)(B)(i)(I) of title 8](/usc/8/1187.md?p=h-3-B-i-I), on the basis of estimates by the [Secretary](/usc/22/277d–43.md?p=5), 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 2012 through 2027, from amounts deposited in the general [fund](/usc/22/2431a.md?p=9) of the Treasury during the preceding fiscal year from fees under [section 1187(h)(3)(B)(i)(I) of title 8](/usc/8/1187.md?p=h-3-B-i-I), the [Secretary](/usc/22/277d–43.md?p=5) of the Treasury shall transfer not more than $20,000,000 to the [Fund](/usc/22/2431a.md?p=9), which shall be made available to the [Corporation](/usc/22/7702.md?p=6), 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](/usc/22/277d–43.md?p=5), 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](/usc/22/7702.md?p=6) under this subsection after fiscal year 2011, except to the extent that—
      - (i) for fiscal year 2012, the [Corporation](/usc/22/7702.md?p=6) provides matching amounts from non-Federal sources equal in the aggregate to 50 percent or more of the amount transferred to the [Fund](/usc/22/2431a.md?p=9) under [paragraph (2)](#d-2); and
      - (ii) for any fiscal year after fiscal year 2012, the [Corporation](/usc/22/7702.md?p=6) provides matching amounts from non-Federal sources equal in the aggregate to 100 percent of the amount transferred to the [Fund](/usc/22/2431a.md?p=9) under [paragraph (2)](#d-2) for the fiscal year.
    - (B) **Goods and services—** For the purpose of determining the amount received from non-Federal sources by the [Corporation](/usc/22/7702.md?p=6), other than money—
      - (i) the fair market [value](/usc/22/2794.md?p=2) of goods and services (including advertising) contributed to the [Corporation](/usc/22/7702.md?p=6) for use under this section may be included in the determination; but
      - (ii) the fair market [value](/usc/22/2794.md?p=2) of such goods and services may not account for more than 50 percent of the matching requirement under [subparagraph (A)](#d-3-A) for the [Corporation](/usc/22/7702.md?p=6) in any fiscal year.
    - (C) **Right of refusal—** The [Corporation](/usc/22/7702.md?p=6) may decline to accept any contribution in-kind that it determines to be inappropriate, not useful, or commercially worthless.
    - (D) **Limitation—** The [Corporation](/usc/22/7702.md?p=6) may not obligate or expend [funds](/usc/22/2431a.md?p=9) in excess of the total amount received by the [Corporation](/usc/22/7702.md?p=6) for a fiscal year from Federal and non-Federal sources.
    - (E) **Maintenance of an in-kind contributions policy—** The [Corporation](/usc/22/7702.md?p=6) shall maintain an in-kind contributions policy.
    - (F) **Formalized procedures for in-kind contributions policy—** Not later than 90 days after December 16, 2014, the [Secretary](/usc/22/277d–43.md?p=5) of Commerce, in coordination with the [Corporation](/usc/22/7702.md?p=6), shall establish formal, publicly available procedures specifying time frames and conditions for—
      - (i) making and agreeing to revisions of the [Corporation](/usc/22/7702.md?p=6)’s in-kind contributions policy; and
      - (ii) addressing and resolving disagreements between the [Corporation](/usc/22/7702.md?p=6) and its partners, including the [Secretary](/usc/22/277d–43.md?p=5) of Commerce, regarding the in-kind contributions policy.
    - (G) **Biannual review of procedures to determine fair market value of goods and services—** The [Corporation](/usc/22/7702.md?p=6) and the [Secretary](/usc/22/277d–43.md?p=5) of Commerce (or their designees) shall meet on a biannual basis to review the procedures to determine the fair market [value](/usc/22/2794.md?p=2) of goods and services received from non-Federal sources by the [Corporation](/usc/22/7702.md?p=6) under [subparagraph (B)](#d-3-B).
  - (4) **Carryforward—**
    - (A) **Federal funds—** Amounts transferred to the [Fund](/usc/22/2431a.md?p=9) under [paragraph (2)(B)](#d-2-B) shall remain available until expended.
    - (B) **Matching funds—** Any amount received by the [Corporation](/usc/22/7702.md?p=6) 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)](#d-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)](#d-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—**
  - (1) **Performance plans and measures—** Not later than 90 days after December 16, 2014, the [Corporation](/usc/22/7702.md?p=6) shall—
    - (A) establish performance metrics including, time frames, evaluation methodologies, and data sources for measuring—
      - (i) the effectiveness of marketing efforts by the [Corporation](/usc/22/7702.md?p=6), including its progress in achieving the long-term goals of increased traveler visits to and spending in the [United States](/usc/22/1395.md?p=a-1);
      - (ii) 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](/usc/22/7702.md?p=6); and
      - (iii) any cost or benefit to the economy of the [United States](/usc/22/1395.md?p=a-1); and
    - (B) conduct periodic [program](/usc/22/3383.md?p=6) evaluations in response to the data resulting from measurements under [subparagraph (A)](#f-1-A).
  - (2) **GAO accountability—** Not later than 60 days after the date on which the [Corporation](/usc/22/7702.md?p=6) receives a report from the Government Accountability [Office](/usc/22/2214a.md?p=9) with recommendations for the [Corporation](/usc/22/7702.md?p=6), the [Corporation](/usc/22/7702.md?p=6) shall submit a report to Congress that describes the actions taken by the [Corporation](/usc/22/7702.md?p=6) in response to the recommendations in such report.
- (g) **Procurement requirements—** The [Corporation](/usc/22/7702.md?p=6) shall—
  - (1) establish a competitive procurement process; and
  - (2) certify in its [annual report](/usc/22/6402.md?p=2) to Congress under [subsection (c)(3)](#c-3) that any contracts entered into were in compliance with the established competitive procurement process.
- (h) **to (j) Omitted—**

## Footnotes

[^1]: So in original. A closing parenthesis probably should precede the period.
[^2]: So in original. Probably should be “media.”

## Source credit

(Pub. L. 111–145, § 9, Mar. 4, 2010, 124 Stat. 56; Pub. L. 111–198, § 5(b), July 2, 2010, 124 Stat. 1357; Pub. L. 113–235, div. B, title VI, §§ 602–605(a), 606, 607, Dec. 16, 2014, 128 Stat. 2218–2220; Pub. L. 116–94, div. I, title VIII, §§ 802–804, Dec. 20, 2019, 133 Stat. 3028, 3029; Pub. L. 119–21, title IV, § 40009, July 4, 2025, 139 Stat. 136.)

## Notes

### Editorial Notes

### References in Text

The District of Columbia Nonprofit Corporation Act, referred to in subsec. (b)(1), (2)(B), is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.

### Codification

Section is comprised of section 9 of Pub. L. 111–145. Subsec. (h) of section 9 of Pub. L. 111–145, as redesignated by Pub. L. 113–235, § 606(1), amended section 1187 of Title 8, Aliens and Nationality. Subsecs. (i) and (j) of section 9 of Pub. L. 111–145, as redesignated by Pub. L. 113–235, § 606(1), enacted sections 2123 and 2123a of this title, respectively.

Section was enacted as part of the United States Capitol Police Administrative Technical Corrections Act of 2009, and not as part of the International Travel Act of 1961 which comprises this chapter.

### Amendments

2025—Subsec. (d)(2)(B). Pub. L. 119–21 substituted “$20,000,000” for “$100,000,000”.

2019—Subsec. (b)(2)(A)(ii). Pub. L. 116–94, § 802(1)(A), inserted “or foodservice” after “restaurant”.

Subsec. (b)(2)(A)(v). Pub. L. 116–94, § 802(1)(B), inserted “, such as outdoor recreation” before semicolon at end.

Subsec. (b)(2)(A)(viii). Pub. L. 116–94, § 802(1)(C), inserted “commercial or private” before “passenger air sector”.

Subsec. (b)(5)(A)(iii). Pub. L. 116–94, § 802(2)(A), inserted “speaking conventions, sales missions,” after “trade shows,”.

Subsec. (b)(5)(A)(vi). Pub. L. 116–94, § 802(2)(B)–(D), added cl. (vi).

Subsec. (b)(7)(C). Pub. L. 116–94, § 802(3), substituted “5 days” for “3 days”.

Subsec. (c)(2). Pub. L. 116–94, § 803(1), substituted “$450,000” for “$500,000”.

Subsec. (c)(3)(I) to (K). Pub. L. 116–94, § 803(2), added subpars. (I) and (J) and redesignated former subpar. (I) as (K).

Subsec. (d)(2)(B). Pub. L. 116–94, § 804(1), substituted “2027” for “2020”.

Subsec. (d)(3)(B)(ii). Pub. L. 116–94, § 804(2), substituted “50 percent” for “70 percent”.

Subsec. (d)(4)(B). Pub. L. 116–94, § 804(3), substituted “2027” for “2020”.

2014—Subsec. (b)(2)(A). Pub. L. 113–235, § 602(1), in introductory provisions, substituted “promotion or marketing” for “promotion and marketing” and inserted “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.” after “United States citizens.”

Subsec. (b)(2)(A)(x). Pub. L. 113–235, § 602(2), substituted “land or sea passenger transportation sector” for “intercity passenger railroad business”.

Subsec. (b)(5)(A)(iv). Pub. L. 113–235, § 605(a)(1), substituted “all States and territories of the United States and the District of Columbia,” for “all States and the District of Columbia”.

Subsec. (c)(2). Pub. L. 113–235, § 606(3), substituted “$500,000” for “$5,000,000”.

Subsec. (c)(3)(G) to (I). Pub. L. 113–235, § 603, added subpars. (G) and (H) and redesignated former subpar. (G) as (I).

Subsec. (d)(2)(B). Pub. L. 113–235, § 605(a)(2)(A), substituted “2020” for “2015”.

Subsec. (d)(3)(B)(ii). Pub. L. 113–235, § 604(1), substituted “70 percent” for “80 percent”.

Subsec. (d)(3)(E) to (G). Pub. L. 113–235, § 604(2), added subpars. (E) to (G).

Subsec. (d)(4)(B). Pub. L. 113–235, § 605(a)(2)(B), substituted “each of the fiscal years 2011 through 2020” for “fiscal year 2011, 2012, 2013, 2014, or 2015”.

Subsec. (e). Pub. L. 113–235, § 607, struck out subsec. (e), which related to Corporation’s authority to impose annual assessment on United States members of the international travel and tourism industry.

Pub. L. 113–235, § 606(1), (2), redesignated subsec. (f) as (e) and moved it to follow subsec. (d). Former subsec. (e) redesignated (h).

Subsec. (f). Pub. L. 113–235, § 606(4), added subsec. (f). Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 113–235, § 606(4), added subsec. (g). Former subsec. (g) redesignated (i).

Subsec. (h). Pub. L. 113–235, § 606(1), redesignated subsec. (e) as (h). Former subsec. (h) redesignated (j).

Subsecs. (i), (j). Pub. L. 113–235, § 606(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively.

2010—Subsec. (d)(2)(A). Pub. L. 111–198, § 5(b)(1), (2), substituted “The” for “For fiscal year 2010, the” and “monthly, immediately following the collection of fees under section 1187(h)(3)(B)(i)(I) of title 8,” for “quarterly, beginning on January 1, 2010,”.

Subsec. (d)(2)(B). Pub. L. 111–198, § 5(b)(3), substituted “fiscal years 2012 through 2015,” for “fiscal years 2011 through 2014,”.

Subsec. (d)(3)(A). Pub. L. 111–198, § 5(b)(4), (5), substituted “fiscal year 2011,” for “fiscal year 2010,” in introductory provisions and “fiscal year 2012,” for “fiscal year 2011,” in cls. (i) and (ii).

Subsec. (d)(4)(B). Pub. L. 111–198, § 5(b)(6), substituted “fiscal year 2011, 2012, 2013, 2014, or 2015” for “fiscal year 2010, 2011, 2012, 2013, or 2014”.