[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2935 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2935
To establish a nonprofit corporation to communicate United States entry
policies and otherwise promote tourist, business, and scholarly travel
to the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2009
Mr. Delahunt (for himself, Mr. Blunt, Mr. Farr, Mr. Conyers, Mr. Barton
of Texas, Mr. Ross, Mr. Smith of Texas, Mrs. Capps, Ms. Berkley, Ms.
Castor of Florida, Mr. Bonner, Mr. Radanovich, Ms. Schakowsky, Mrs.
Bono Mack, Mr. Coble, Mr. Sessions, Mr. Van Hollen, Mr. Luetkemeyer,
Mr. Rooney, and Ms. Titus) 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 nonprofit 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 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel Promotion Fund fees.
Sec. 6. Investment of Funds.
Sec. 7. Prohibition on use of funds.
Sec. 8. Assessment authority.
Sec. 9. Amendments to the International Travel Act of 1961.
Sec. 10. Definitions.
Sec. 11. GAO study.
SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.
(a) Establishment.--The Corporation for Travel Promotion is
established as a nonprofit corporation. The Corporation shall not be an
agency or establishment of the United States Government. The
Corporation shall be subject to the provisions of the District of
Columbia 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 11 members, appointed by the Secretary of
Commerce, but not before consultation with the Secretaries of
Homeland Security, State, and Education, as appropriate, each
of whom is a United States citizen, and of whom--
(A) one shall have appropriate expertise and
experience in the hotel accommodations sector;
(B) one shall have appropriate expertise and
experience in the travel distribution sector;
(C) one shall have appropriate expertise and
experience in the restaurant sector;
(D) one shall have appropriate expertise and
experience in the retail sector, or small business
sector;
(E) one shall have appropriate expertise and
experience in the attractions sector;
(F) one shall have appropriate expertise and
experience in the passenger air sector;
(G) one shall have appropriate expertise and
experience in the car rental sector;
(H) one shall have appropriate expertise and
experience as an official of a city convention and
visitor's bureau;
(I) one shall have appropriate expertise and
experience as an official of a State Tourism Office;
(J) one shall have appropriate expertise and
experience in immigration law and policy, including
visa requirements and United States entry procedures;
and
(K) one shall have appropriate expertise and
experience in the cruise line sector.
(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 or the
Corporation by virtue of his or her service as a member of the
board. Each member of the board shall be paid actual travel
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 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.
(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.
(4) Sense of congress regarding lobbying activities.--It is
the sense of Congress that the Corporation established under
this Act should not engage in any lobbying activities with any
employee or branch of the Federal Government in favor of or in
opposition to any political issue.
(e) Duties and Powers.--
(1) In general.--The Corporation shall develop and execute
a plan to--
(A) 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;
(B) identify and address perceptions in other
countries regarding United States entry policies that
tend to limit attempts to travel to the United States;
(C) 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; and
(D) identify opportunities and strategies to
promote tourism to rural and urban areas equally.
(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 6 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.
SEC. 3. ACCOUNTABILITY MEASURES.
(a) Objectives.--The Board shall establish annual objectives for
the Corporation for each fiscal year subject to approval by the
Secretary, in consultation with the 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.
(b) Budget.--The board shall transmit a copy of the Corporation's
budget for the forthcoming fiscal year to the Secretary not less than
60 days before the beginning of each fiscal year, together with an
explanation of any 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 and the Secretary of Homeland Security for transmittal to
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 any revisions or
alterations to the Corporation's objectives under subsection
(a);
(6) a comprehensive and detailed report of the
Corporation's operations and activities to promote tourism in
rural and urban areas; and
(7) such recommendations as the Corporation deems
appropriate.
SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.
(a) Establishment of Travel Promotion Fund.--There is hereby
established in the Treasury a fund which shall be known as the ``Travel
Promotion Fund''.
(b) Funding.--
(1) First year.--For the period beginning on October 1,
2009, and ending on September 30, 2010, from amounts deposited
in the general fund of the Treasury from fees under section
217(h)(3)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1187(h)(3)(B)(i)), the Secretary of the Treasury shall
make available not more than $100,000,000 to the Corporation.
The Secretary of the Treasury shall make at least quarterly
transfers to the Corporation to cover its initial expenses and
carry out its functions under this Act.
(2) Subsequent years.--For each of fiscal years 2011
through 2014, from amounts deposited in the general fund of the
Treasury from fees under section 5, 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
subsections (c), (d), and (e), to carry out its functions under
this Act. Transfers shall be made by the Secretary of the
Treasury at least quarterly on the basis of estimates by the
Secretary of the Treasury, determined in consultation with the
Board, of contributions made to the Corporation by non-Federal
sources, and proper adjustments shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess or less than actual contributions from non-Federal
sources.
(c) Matching Requirement.--
(1) In general.--The Secretary of the Treasury shall make
available to the Corporation at least quarterly from amounts
available in the Travel Promotion Fund--
(A) for fiscal year 2011, twice the amount that
will be collected from non-Federal sources by the
Corporation pursuant to section 4(b)(2) of this Act and
not to exceed $100,000,000; and
(B) for subsequent fiscal years, an amount equal to
the amount that will be collected from non-Federal
sources by the Corporation pursuant to section 4(b)(2)
of this Act and not to exceed $100,000,000.
(2) Goods and services.--For the purpose of determining the
amount of matching funds, other than money, available to the
Corporation--
(A) the fair market value, as determined by the
Corporation, of goods and services (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.
(d) Grant Offset.--For a given fiscal year, the Secretary of the
Treasury shall reduce the total amount of funding to be transferred to
the Corporation from the Travel Promotion Fund by the amount of Federal
grants received by the Corporation pursuant to section 2(e)(2)(A) to be
used during that fiscal year.
(e) Limitation.--The Corporation shall not expend funds or obligate
to expend funds that will exceed total amounts received by the
Corporation for a given fiscal year.
(f) Carryforward.--
(1) Federal funds.--Amounts transferred to the Fund under
subsection (b)(2) shall remain available until expended.
(2) Matching funds.--Any amount received by the Corporation
from non-Federal sources in fiscal year 2010, 2011, 2012, 2013,
or 2014 that cannot be used to meet the matching requirement
under subsection (c)(1) for the fiscal year in which such funds
were collected may be carried forward and treated as having
been received in the succeeding fiscal year for purposes of
meeting the matching requirement of subsection (c)(1) in such
succeeding fiscal year.
SEC. 5. TRAVEL PROMOTION FUND FEES.
Section 217(h)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1187(h)(3)(B)) is amended to read as follows:
``(B) Fees.--(i) In general.--No later than
September 30, 2009, the Secretary of Homeland Security
shall establish a fee for the use of the System and
begin assessment and collections of that fee. The
initial fee shall be the sum of--
``(I) $10 per travel authorization; and
``(II) an amount that will ensure recovery
of the full costs of providing and
administering the System, as determined by the
Secretary of Homeland Security.
``(ii) Disposition of amounts collected.--Amounts
collected under clause (i)(I) shall be credited to the
Travel Promotion Fund established by section 4 of the
Travel Promotion Act of 2009. Amounts collected under
clause (i)(II) shall be transferred to the general fund
of the Treasury and made available to pay the costs
incurred to administer the System.
``(iii) Report.--The Secretary of Homeland Security
shall submit a report to Congress if the fee authorized
by clause (i)(I) is not collected as authorized. The
report shall include a plan for collecting the fee in
the most expeditious manner.
``(iv) Sunset of travel promotion fund fee.--The
Secretary may not collect the fee authorized by clause
(i)(I) for fiscal years beginning after September 30,
2014, unless Congress has authorized the Secretary to
continue to collect the fee authorized by clause
(i)(I).''.
SEC. 6. INVESTMENT OF FUNDS.
Pending disbursement pursuant to a program, plan, or project, the
Corporation may invest funds received by the Corporation only in
obligations of the United States or any agency thereof, in general
obligations of any State or any political subdivision thereof, in any
interest-bearing 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. The
Secretary of the Treasury shall reduce the total amount of funding for
a given fiscal year to be transferred from the Travel Promotion Fund to
the Corporation by the amount of interest earned by the Corporation as
a result of its investments pursuant to this section for the preceding
fiscal year.
SEC. 7. PROHIBITION ON USE OF FUNDS.
No funds raised by the Treasury Department's Travel Promotion Fund
or the Corporation for Travel Promotion may be used to directly promote
or advertise a specific corporation.
SEC. 8. ASSESSMENT AUTHORITY.
(a) In General.--Except as otherwise provided in this section, the
Corporation may impose an annual assessment on United States members of
the travel and tourism industry. The Corporation shall determine--
(1) the industry segments that will be included in the
initial assessment referendum;
(2) the target assessment level for the initial referendum;
(3) the percent of funds to be levied against each industry
category and segment, based, to the extent possible, on
quantifiable industry data, and bearing an appropriate
relationship to the benefit derived from travel and tourism by
those industry segments; and
(4) the assessment methodology and rate of assessment
within each industry segment, that may include, but is not
limited to, a percentage of gross revenue or a per transaction
charge.
(b) Initial Assessment Limited.--The Corporation may establish the
initial assessment after the date of enactment of the Travel and
Tourism Promotion Act at no greater, in the aggregate, than
$20,000,000.
(c) Referenda.--
(1) In general.--The Corporation may not impose an annual
assessment unless--
(A) the Corporation submits the proposed annual
assessment to members of the industry in a referendum;
(B) the assessment is approved by a majority of
those voting in the referendum; and
(C) the Corporation determines the results of the
referendum on the basis of weighted voting apportioned
according to the anticipated financial contribution
made by each voting entity.
(2) Procedural requirements.--In conducting a referendum
under this subsection, the Corporation shall--
(A) provide written or electronic notice not less
than 60 days before the date of the referendum; and
(B) describe the proposed assessment or increase
and explain the reasons for the referendum in the
notice.
(d) Collection.--
(1) In general.--The Corporation shall establish a means of
collecting the assessment that it finds to be efficient and
effective. The Corporation may establish a late payment charge
and rate of interest to be imposed on any person who fails to
remit or pay to the Corporation any amount assessed by the
Corporation under this Act.
(2) Enforcement.--The Corporation may bring suit in Federal
court to compel compliance with an assessment levied by the
Corporation under this Act.
(e) Investment of Funds.--Pending disbursement pursuant to a
program, plan, or project, the Corporation may invest funds collected
through assessments, and any other 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. 9. 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 2008)'';
(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.''; 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. 10. DEFINITIONS.
In this Act, the following definitions apply:
(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 2.
(3) Fund.--The term ``Fund'' means the Travel Promotion
Fund established by section 4.
(4) Secretary.--Except as otherwise expressly provided, the
term ``Secretary'' means the Secretary of Commerce.
SEC. 11. GAO STUDY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Government Accountability Office shall initiate a
study to assess barriers to entry into the United States by foreign
travelers. The GAO shall consult with the Department of Homeland
Security, including U.S. Immigration and Customs Enforcement and
Customs and Border Protection, the Department of Commerce, and the
Department of the Treasury, as necessary.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the GAO shall report the findings to the appropriate
Congressional committees. The report shall include--
(1) the GAO's findings on specific barriers to entry into
the United States by foreign travelers; and
(2) recommendations for initiatives that may reduce those
barriers.
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