22 U.S.C. § 2125 — Transferred

Page 522 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2125 (g) Perpetual succession; liability of Board mem- bers The Foundation shall have perpetual succes- sion, 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 per- sonally liable, except for malfeasance. (h) Contractual power The Foundation shall have the power to enter into contracts, to execute instruments, and gen- erally to do any and all lawful acts necessary or appropriate to its purposes. (i) Administration (1) In general In carrying out the provisions of this sec- tion, the Board may adopt bylaws, rules, and regulations necessary for the administration of its functions and may hire officers and em- ployees 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 competi- tive 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. (2) Services 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 perform- ance of the functions authorized under this section, without regard to section 1342 of title 31 or the civil service classification laws, rules, or regulations. (3) Construction Neither an officer or employee hired under paragraph (1) nor an individual who provides services under paragraph (2) shall be consid- ered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relat- ing 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 re- lating to such income or property, shall be ex- empt from all Federal, State, and local taxation with respect thereto. The Foundation may, how- ever, 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 sub- section or by virtue of its being a charitable and nonprofit corporation and may agree so to con- tribute with respect to property transferred to it and the income derived therefrom if such agree- ment is a condition of the transfer. Contribu- tions, 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 Foun- dation. (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 Trans- portation of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and in- vestments. (m) Definitions As used in this section— (1) the term ‘‘Indian reservation’’ has the meaning given the term ‘‘reservation’’ in sec- tion 1452(d) of title 25; (2) the term ‘‘Indian tribe’’ has the meaning given that term in section 5304(e) of title 25; (3) the term ‘‘local government’’ has the meaning given that term in section 3371(2) of title 5; and (4) the term ‘‘rural tourism’’ has the mean- ing given that term by the Secretary of Com- merce and shall include activities related to travel and tourism that occur on Federal rec- reational sites, on Indian reservations, and in the territories, possessions, and common- wealths of the United States. (Pub. L. 102–372, § 4, Sept. 30, 1992, 106 Stat. 1171; Pub. L. 104–288, § 9(b), Oct. 11, 1996, 110 Stat. 3407.) Editorial Notes CODIFICATION Section is comprised of section 4 of Pub. L. 102–372. Subsec. (n) of section 4 of Pub. L. 102–372 amended sec- tion 2123(a) of this title. Section was enacted as part of the Tourism Policy and Export Promotion Act of 1992, and not as part of the International Travel Act of 1961 which comprises this chapter. AMENDMENTS 1996—Subsec. (c)(1)(B)(i), (2). Pub. L. 104–288 sub- stituted ‘‘Secretary of Commerce’’ for ‘‘Under Sec- retary of Commerce for Travel and Tourism’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 2125. Transferred Editorial Notes CODIFICATION Section, Pub. L. 87–63, title II, § 203, formerly § 5, June 29, 1961, 75 Stat. 130, which related to annual reports to the President and Congress, was renumbered by Pub. L. 97–63, § 3(e), Oct. 16, 1981, 95 Stat. 1013, transferred to section 2123a of this title, and subsequently repealed by Pub. L. 102–372, § 8(a), Sept. 30, 1992, 106 Stat. 1177. Page 523 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2131 §§ 2126 to 2129. Repealed. Pub. L. 104–288, § 9(a), Oct. 11, 1996, 110 Stat. 3407 Section 2126, Pub. L. 87–63, title III, § 304, formerly § 6, June 29, 1961, 75 Stat. 130; Pub. L. 91–477, § 4, Oct. 21, 1970, 84 Stat. 1072; Pub. L. 93–193, § 1(a), Dec. 19, 1973, 87 Stat. 765; Pub. L. 94–55, § 1, July 9, 1975, 89 Stat. 262; Pub. L. 96–85, § 1, Oct. 10, 1979, 93 Stat. 655; renumbered and amended Pub. L. 97–63, § 5(a), Oct. 16, 1981, 95 Stat. 1018; Pub. L. 102–372, § 17, Sept. 30, 1992, 106 Stat. 1181, authorized appropriations to carry out this chapter. Section 2127, Pub. L. 87–63, title III, § 305, formerly § 7, as added Pub. L. 91–477, § 5, Oct. 21, 1970, 84 Stat. 1072, and renumbered Pub. L. 97–63, § 5(b), Oct. 16, 1981, 95 Stat. 1018, defined terms used in this chapter. Section 2128, Pub. L. 87–63, title III, § 306, as added Pub. L. 101–508, title X, § 10301(a), Nov. 5, 1990, 104 Stat. 1388–395, provided for United States Travel and Tourism Administration Facilitation fee to be collected from each airline and cruise ship line transporting pas- sengers to United States. A prior section 2128, Pub. L. 87–63, § 9, as added Pub. L. 96–85, § 2, Oct. 10, 1979, 93 Stat. 655, related to reduc- tion in number of employees of United States Travel Service in District of Columbia offices, prior to repeal by Pub. L. 97–63, § 5(b), Oct. 16, 1981, 95 Stat. 1018, effec- tive Oct. 1, 1981. Section 2129, Pub. L. 87–63, title III, § 307, as added Pub. L. 101–508, title X, § 10301(b), Nov. 5, 1990, 104 Stat. 1388–396, provided civil penalties for nonpayment of Travel and Tourism Administration Facilitation fee. SUBCHAPTER IV—CORPORATION FOR TRAVEL PROMOTION § 2131. Travel Promotion Act of 2009 (a) Short title This section may be cited as the ‘‘Travel Pro- motion Act of 2009’’. (b) The Corporation for Travel Promotion (1) Establishment The Corporation for Travel Promotion is es- tablished as a nonprofit corporation. The Cor- poration shall not be an agency or establish- ment of the United States Government. The Corporation shall be subject to the provisions of the District of Columbia Nonprofit Corpora- tion Act (D.C. Code, section 29–1001 et seq.), to the extent that such provisions are consistent with this subsection, and shall have the pow- ers conferred upon a nonprofit corporation by that Act to carry out its purposes and activi- ties. (2) Board of directors (A) In general The Corporation shall have a board of di- rectors of 11 members with knowledge of international travel promotion or mar- keting, 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 mar- keting budgets. At least 2 members of the board shall be audit committee financial ex- perts (as defined by the Securities and Ex- change Commission in accordance with sec- tion 7265 of title 15). All members of the board shall be a current or former chief ex- ecutive officer, chief financial officer, or chief marketing officer, or have held an equivalent management position. Members of the board shall be appointed by the Sec- retary of Commerce (after consultation with the Secretary of Homeland Security and the Secretary of State), as follows: (i) 1 shall have appropriate expertise and experience in the hotel accommodations sector; (ii) 1 shall have appropriate expertise and experience in the restaurant or foodservice sector; (iii) 1 shall have appropriate expertise and experience in the small business or re- tail 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 recre- ations sector, such as outdoor recreation; (vi) 1 shall have appropriate expertise and experience as officials of a city con- vention and visitors’ bureau; (vii) 2 shall have appropriate expertise and experience as officials of a State tour- ism office; (viii) 1 shall have appropriate expertise and experience in the commercial or pri- vate passenger air sector; (ix) 1 shall have appropriate expertise and experience in immigration law and policy, including visa requirements and United States 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 of direc- tors shall serve as incorporators and shall take whatever actions are necessary to es- tablish the Corporation 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 of each member of the board appointed by the Secretary shall be 3 years, except that, of the members first ap- pointed— (i) 3 shall be appointed for terms of 1 year; (ii) 4 shall be appointed for terms of 2 years; and (iii) 4 shall be appointed for terms of 3 years. (D) Removal for cause The Secretary of Commerce may remove any member of the board for good cause. (E) Vacancies Any vacancy in the board shall not affect its power, but shall be filled in the manner required by this subsection. Any member whose term has expired may serve until the 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 va- cancy occurring prior to the expiration of the term for which that member’s prede-