[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3232 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3232

  To establish a non-profit corporation to communicate United States 
 entry policies and otherwise promote tourist, business, and scholarly 
                      travel to the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2007

    Mr. Delahunt (for himself, Mr. Blunt, Mr. Farr, Mr. Porter, Mr. 
  Emanuel, Mr. Barton of Texas, Mr. George Miller of California, Mr. 
  Smith of Texas, Ms. Slaughter, Mr. Stearns, Ms. Loretta Sanchez of 
 California, and Mr. Feeney) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
the Committees on the Judiciary and Homeland Security, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a non-profit corporation to communicate United States 
 entry policies and otherwise promote tourist, business, and scholarly 
                      travel to the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Travel Promotion 
Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. The Corporation for Travel Promotion.
Sec. 4. Accountability measures.
Sec. 5. Matching public and private funding.
Sec. 6. Travel Promotion Fund fees.
Sec. 7. Investment of Funds.
Sec. 8. Amendments to the International Travel Act of 1961.
Sec. 9. Definitions.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Securing the borders of the United States and 
        facilitating international travel to the United States are not 
        mutually exclusive.
            (2) As part of the effort to protect the people of the 
        United States from attacks by al-Qaeda and other foreign groups 
        opposed to our policies in the predominantly Muslim regions of 
        the world, Congress and the Administration tightened the entry 
        process to the United States after the attacks of September 11, 
        2001.
            (3) As confirmed by a large-scale random poll in four 
        Muslim nations in 2007 by the Program on International Policy 
        Attitudes, an improved image of the United States abroad 
        damages the ability of al-Qaeda and similar groups to recruit 
        and to operate.
            (4) Foreign nationals who have visited the United States 
        tend to give more favorable ratings to the United States than 
        foreign nationals who have not visited the United States, with 
        scientific polls by such firms as the Pew Research Center and 
        Zogby International consistently finding a roughly 10 
        percentage point increase for travelers, and even their friends 
        and family members rate the United States significantly more 
        favorably than do other nonvisitors.
            (5) Inviting and facilitating travel to the United States 
        by tourists, business people, students, and scholars will not 
        only help improve our image abroad, but will produce 
        significant domestic economic benefits.
            (6) The tightening of the entry process to the United 
        States after September 11, 2001, is partly responsible for the 
        number of international travelers to the United States in the 
        six years from 2001 to 2006, as recorded by the Department of 
        Commerce, being 56,000,000, or 17 percent, lower than the 
        expected number of international travelers during that period, 
        based on the trend from the previous six years.
            (7) Department of Commerce estimates for spending by 
        international travelers indicate that these 56,000,000 expected 
        travelers would have spent $98,000,000,000 (valued in 2007 
        dollars) in the United States.
            (8) Universities in the United States have frequently 
        reported since 2001 that potential foreign enrollees have 
        chosen to study in other countries because of a perception that 
        there would have been delays in visa approval and an unpleasant 
        entry process.
            (9) Scientists and scholars in the United States have 
        frequently reported since 2001 that international conferences 
        that might have been held in the United States are held 
        elsewhere, because of a perception that participation will be 
        reduced by delays in visa approval and an unpleasant entry 
        process.
            (10) Businesses in the United States have frequently 
        reported since 2001 that delays and denials for visa 
        applications for short-term visits by current and prospective 
        employees, consultants, and investors have significantly 
        hampered their international competitiveness.
            (11) It is in the national interest of the United States 
        that there be a coordinated effort to identify perceptions 
        regarding the United States entry policy that tend to limit the 
        number of international travelers to the United States, to 
        communicate facts about the entry policy to potential travelers 
        that will encourage them to travel to the United States, and to 
        promote generally travel to the United States by tourists, 
        business people, students, and scholars.

SEC. 3. 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 Nonprofit Corporation Act (sec. 29-301.01 et seq., D.C. 
Official Code), to the extent that such provisions are consistent with 
this section, and shall have the powers conferred 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 14 members, appointed by the Secretary of Commerce 
        after consultation with the Secretaries of Homeland Security, 
        State, and Education, each of whom is a United States citizen, 
        and of whom--
                    (A) one shall have appropriate expertise and 
                experience in the hotel accommodations sector;
                    (B) one shall have appropriate expertise and 
                experience in the restaurant sector;
                    (C) one shall have appropriate expertise and 
                experience in the national-level retail sector;
                    (D) one shall have appropriate expertise and 
                experience in the local-level retail 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 municipal 
                level, or in associations of such officials;
                    (M) one shall have appropriate expertise and 
                experience in the higher education sector; and
                    (N) one shall have appropriate expertise and 
                experience in the non-profit scientific research sector 
                and in coordinating international scholarly conferences 
                in the United States.
            (2) Incorporation.--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 (sec. 29-301.01 
        et seq.).
            (3) 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 appointed--
                    (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 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 terms.
            (5) Election of chairman and vice chairman.--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.--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.
            (7) Compensation; expenses.--No member of the board shall 
        receive any compensation from the Federal government by virtue 
        of his or her service as a member of 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, 
        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 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.
            (2) 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 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 except as salary or 
        reasonable compensation for services.
            (3) Politics.--The Corporation may not contribute to or 
        otherwise support any political party or candidate for elective 
        public office.
    (e) Duties and Powers.--
            (1) In general.--The Corporation shall develop and execute 
        a plan--
                    (A) 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, and 
                processes, to prospective travelers, travel agents, 
                tour operators, meeting planners, foreign governments, 
                travel media and other international stakeholders;
                    (B) to identify and address perceptions in other 
                countries regarding United States entry policies that 
                tend to limit attempts to travel to the United States; 
                and
                    (C) 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, and other 
                appropriate promotional activities.
            (2) Specific powers.--In order to carry out the purposes of 
        this section, the Corporation may--
                    (A) obtain grants from and make contracts with 
                individuals and private companies, State, and Federal 
                agencies, organizations, and institutions;
                    (B) hire or accept the voluntary services of 
                consultants, experts, advisory boards, and panels to 
                aid the Corporation in carrying out its purposes; and
                    (C) take such other actions as may be necessary to 
                accomplish the purposes set forth in this section.
    (f) Open Meetings.--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.
    (g) Major Campaigns.--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--
            (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.
    (h) Fiscal Accountability.--
            (1) Fiscal year.--The Corporation shall establish as its 
        fiscal year the 12-month period beginning 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 operations and shall publish the 
        results of the audit. The Comptroller General shall have full 
        and complete access to the books and records of the 
        Corporation.

SEC. 4. ACCOUNTABILITY MEASURES.

    (a) Objectives.--The Board shall establish annual objectives for 
the Corporation for each fiscal year subject to approval by the 
Secretary. 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 no later than 
August 16 immediately preceding that fiscal year, together with an 
explanation of any expenditure provided for by the budget in excess of 
$5,000,000 for the fiscal year. The Corporation shall make a copy of 
the budget and the explanation available to the public and shall 
provide public access to the budget and explanation on the 
Corporation's website.
    (c) Annual Report to Congress.--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--
            (1) a comprehensive and detailed report of the 
        Corporation's operations, activities, financial condition, 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 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;
            (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
            (6) such recommendations as the Corporation deems 
        appropriate.

SEC. 5. 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 2008, the Corporation may 
        borrow from the Treasury, beginning on October 1, 2007, such 
        sums as may be necessary, but not to exceed $10,000,000, 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, 2010, and the 
        remainder reimbursed before October 1, 2012. Reimbursement 
        shall include interest at a rate determined by the Treasury to 
        ensure that there is no loss of real purchasing power to the 
        Treasury from this borrowing due to inflation.
            (2) Subsequent years.--For each of fiscal years 2009 
        through 2012, from amounts deposited in the general fund of the 
        Treasury during the preceding fiscal year from fees under 
        section 6, the Secretary of the Treasury shall transfer not 
        more than $100,000,000 to the Fund, which shall be made 
        available to the Corporation, subject to subsection (c), to 
        carry out its functions under this Act. 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.
    (c) Matching Requirement.--
            (1) In general.--No amounts may be made available to the 
        Corporation under this section after fiscal year 2008, except 
        to the extent that--
                    (A) for fiscal year 2009, the Corporation provides 
                matching funds from non-Federal sources equal in the 
                aggregate to 50 percent or more of the amount 
                transferred to the Fund under subsection (b); and
                    (B) for any fiscal year after fiscal year 2009, the 
                Corporation provides matching funds from non-Federal 
                sources equal in the aggregate to 100 percent of the 
                amount transferred to the Fund under subsection (b) for 
                the fiscal year.
            (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 (including 
                advertising) contributed to the Corporation for use 
                under this Act may be included in the determination; 
                but
                    (B) the fair market value of such goods and 
                services may not account for more than 80 percent of 
                the matching requirement for the Corporation in any 
                fiscal year.
            (3) Right of refusal.--The Corporation may decline to 
        accept any contribution in kind that it determines to be 
        inappropriate, not useful, or commercially worthless.

SEC. 6. TRAVEL PROMOTION FUND FEES.

    If a fully automated electronic traveler authorization system to 
collect basic biographical information in order to determine, in 
advance of travel, the eligibility of an alien to travel to the United 
States is implemented, the United States Government may charge a fee to 
an applicant for the use of the system. The amount of any such fee 
initially shall be at least $10, plus such amounts as may be necessary 
to cover the cost of operating such a system, but may be reduced 
thereafter if that amount is not necessary to ensure that the 
Corporation is fully funded.

SEC. 7. 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 account or certificate of deposit of a bank that is a 
member of the Federal Reserve System, or in obligations fully 
guaranteed as to principal and interest by the United States.

SEC. 8. AMENDMENTS TO THE INTERNATIONAL TRAVEL ACT OF 1961.

    (a) Powers and Duties of Secretary of Commerce.--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
                    (B) by striking ``United States National Tourism 
                Organization'' and inserting ``Corporation for Travel 
                Promotion (established by section 3 of the Travel 
                Promotion Act of 2007)'';
            (2) in paragraph (4), by striking ``United States National 
        Tourism Organization'' and inserting ``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 functions.''.
    (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.
            ``(10) The Assistant Secretary of U.S. Customs and 
        Immigration Enforcement of the Department of Homeland Security.
            ``(11) The Secretary of Education.
            ``(12) The President of the Corporation for Travel 
        Promotion (established by section 3 of the Travel Promotion Act 
        of 2007).''; and
                    (D) in paragraph (13) (as redesignated by 
                subparagraph (B) of this paragraph), by inserting ``, 
                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 represent 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 Corporation for 
Travel Promotion with timely information regarding documentation and 
procedures required for admission 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, 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 ``Corporation 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 Promotion''.
    (c) Repeal of Authorities Relating to the United States Travel and 
Tourism Promotion Advisory Board.--Section 210 of the Department of 
Commerce 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 subsection (b).

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the board of directors 
        of the Corporation.
            (2) Corporation.--The term ``Corporation'' means the 
        Corporation for Travel Promotion established by section 3.
            (3) Fund.--The term ``Fund'' means the Travel Promotion 
        Fund established by section 5.
            (4) Secretary.--Except as otherwise expressly provided, the 
        term ``Secretary'' means the Secretary of Commerce.
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