[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 806 Engrossed in House (EH)]

H. Res. 806

                In the House of Representatives, U. S.,

                                                       October 7, 2009.
    Resolved, That upon the adoption of this resolution the bill (H.R. 1035) 
entitled ``An Act to amend the Morris K. Udall Scholarship and Excellence in 
National Environmental and Native American Public Policy Act of 1992 to honor 
the legacy of Stewart L. Udall, and for other purposes.'', with the Senate 
amendment thereto, shall be considered to have been taken from the Speaker's 
table to the end that the Senate amendment thereto be, and the same is hereby, 
agreed to with the following amendment:
            At the end of the Senate amendment, add the following:
            At the end of the bill, add the following new section:

SEC. 11. 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 for Travel Promotion is 
        established as a nonprofit corporation. The Corporation shall not be an 
        agency or establishment of the United States Government. The Corporation 
        shall be subject to the provisions of the District of Columbia Nonprofit 
        Corporation Act (D.C. Code, section 29-1001 et seq.), to the extent that 
        such provisions are consistent with this subsection, and shall have the 
        powers conferred upon a nonprofit corporation by that Act to carry out 
        its purposes and activities.
            (2) Board of directors.--
                    (A) In general.--The Corporation shall have a board of 
                directors of 11 members with knowledge of international travel 
                promotion and marketing, broadly representing various regions of 
                the United States, who are United States citizens. Members of 
                the board shall be appointed by the Secretary of Commerce (after 
                consultation with the Secretary of Homeland Security and the 
                Secretary of State), as follows:
                            (i) 1 shall have appropriate expertise and 
                        experience in the hotel accommodations sector;
                            (ii) 1 shall have appropriate expertise and 
                        experience in the restaurant 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;
                            (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;
                            (viii) 1 shall have appropriate expertise and 
                        experience in the 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 
                        intercity passenger railroad business.
                    (B) 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 (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 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 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 vacancy occurring 
                prior to the expiration of the term for which that member's 
                predecessor was appointed shall be appointed for the remainder 
                of the predecessor's term. No member of the board shall be 
                eligible to serve more than 2 consecutive full 3-year terms.
                    (F) Election of chairman and vice chairman.--Members of the 
                board shall annually elect one of the members to be Chairman and 
                elect 1 or 2 of the members as Vice Chairman or Vice Chairmen.
                    (G) 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.
                    (H) Compensation; expenses.--No member shall receive any 
                compensation from the Federal government for serving on the 
                Board. Each member of the Board shall be paid actual travel 
                expenses and per diem in lieu of subsistence expenses when away 
                from his or her usual place of residence, in accordance with 
                section 5703 of title 5, United States Code.
            (3) Officers and employees.--
                    (A) 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.
                    (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 of the Corporation.
            (4) Nonprofit and nonpolitical nature of corporation.--
                    (A) Stock.--The Corporation 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 shall inure to the benefit of any director, officer, 
                employee, or any other individual except as salary or reasonable 
                compensation for services.
                    (C) Politics.--The Corporation may not contribute to or 
                otherwise support any political party or candidate for elective 
                public office.
                    (D) Sense of congress regarding lobbying activities.--It is 
                the sense of Congress that the Corporation should not engage in 
                lobbying activities (as defined in section 3(7) of the Lobbying 
                Disclosure Act of 1995 (5 U.S.C. 1602(7)).
            (5) Duties and powers.--
                    (A) In general.--The Corporation shall develop and execute a 
                plan--
                            (i) to provide useful information to foreign 
                        tourists, business people, students, scholars, 
                        scientists, and others interested in traveling to the 
                        United States, including the distribution of material 
                        provided by the Federal government concerning entry 
                        requirements, required documentation, fees, processes, 
                        and information concerning declared public health 
                        emergencies, to prospective travelers, travel agents, 
                        tour operators, meeting planners, foreign governments, 
                        travel media and other international stakeholders;
                            (ii) to identify, counter, and correct 
                        misperceptions regarding United States entry policies 
                        around the world;
                            (iii) 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;
                            (iv) to ensure that international travel benefits 
                        all States and the District of Columbia and to identify 
                        opportunities and strategies to promote tourism to rural 
                        and urban areas equally, including areas not 
                        traditionally visited by international travelers; and
                            (v) to give priority to the Corporation's efforts 
                        with respect to countries and populations most likely to 
                        travel to the United States.
                    (B) Specific powers.--In order to carry out the purposes of 
                this subsection, the Corporation 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, and panels to aid 
                        the Corporation 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 shall 
                develop and maintain a publicly accessible website.
            (6) 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.
            (7) 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--
                    (A) 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;
                    (B) at least 6 members of the board are present at the 
                meeting at which it is approved; and
                    (C) 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.
            (8) Fiscal accountability.--
                    (A) Fiscal year.--The Corporation shall establish as its 
                fiscal year the 12-month period beginning on October 1.
                    (B) Budget.--The Corporation shall adopt a budget for each 
                fiscal year.
                    (C) 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 of the United States may 
                review any audit of a financial statement conducted under this 
                paragraph by an independent accounting firm and may audit the 
                Corporation's operations at the discretion of the Comptroller 
                General. The Comptroller General and the Congress shall have 
                full and complete access to the books and records of the 
                Corporation.
                    (D) Program audits.--Not later than 2 years after the date 
                of enactment of this section, the Comptroller General shall 
                conduct a review of the programmatic activities of the 
                Corporation for Travel Promotion. This report shall be provided 
                to appropriate congressional committees.
    (c) Accountability Measures.--
            (1) Objectives.--The Board shall establish annual objectives for the 
        Corporation for each fiscal year subject to approval by the Secretary of 
        Commerce (after consultation with the Secretary of Homeland Security and 
        the Secretary of State). The Corporation shall establish a marketing 
        plan for each fiscal year not less than 60 days before the beginning of 
        that year and provide a copy of the plan, and any revisions thereof, to 
        the Secretary.
            (2) 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.
            (3) 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--
                    (A) a comprehensive and detailed report of the Corporation's 
                operations, activities, financial condition, and accomplishments 
                under this section;
                    (B) a comprehensive and detailed inventory of amounts 
                obligated or expended by the Corporation during the preceding 
                fiscal year;
                    (C) 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;
                    (D) an objective and quantifiable measurement of its 
                progress, on an objective-by-objective basis, in meeting the 
                objectives established by the board;
                    (E) an explanation of the reason for any failure to achieve 
                an objective established by the board and any revisions or 
                alterations to the Corporation's objectives under paragraph (1);
                    (F) a comprehensive and detailed report of the Corporation's 
                operations and activities to promote tourism in rural and urban 
                areas; and
                    (G) such recommendations as the Corporation deems 
                appropriate.
            (4) Limitation on use of funds.--Amounts deposited in the Fund may 
        not be used for any purpose inconsistent with carrying out the 
        objectives, budget, and report described in this subsection.
    (d) Matching Public and Private Funding.--
            (1) Establishment of travel promotion fund.--There is hereby 
        established in the Treasury a fund which shall be known as the Travel 
        Promotion Fund.
            (2) Funding.--
                    (A) Start-up expenses.--For fiscal year 2010, the Secretary 
                of the Treasury shall make available to the Corporation such 
                sums as may be necessary, but not to exceed $10,000,000, from 
                amounts deposited in the general fund of the Treasury from fees 
                under section 217(h)(3)(B)(i)(I) of the Immigration and 
                Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to cover the 
                Corporation's initial expenses and activities under this 
                section. Transfers shall be made at least quarterly, beginning 
                on January 1, 2010, 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.
                    (B) Subsequent years.--For each of fiscal years 2011 through 
                2014, from amounts deposited in the general fund of the Treasury 
                during the preceding fiscal year from fees under section 
                217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8 
                U.S.C. 1187(h)(B)(i)(I)), 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 paragraph (3) of 
                this subsection, to carry out its functions under this section. 
                Transfers shall be made at least quarterly on the basis of 
                estimates by the Secretary, and proper adjustments shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess or less than the amounts required to be 
                transferred.
            (3) Matching requirement.--
                    (A) In general.--No amounts may be made available to the 
                Corporation under this subsection after fiscal year 2010, except 
                to the extent that--
                            (i) for fiscal year 2011, the Corporation provides 
                        matching amounts from non-Federal sources equal in the 
                        aggregate to 50 percent or more of the amount 
                        transferred to the Fund under paragraph (2); and
                            (ii) for any fiscal year after fiscal year 2011, the 
                        Corporation provides matching amounts from non-Federal 
                        sources equal in the aggregate to 100 percent of the 
                        amount transferred to the Fund under paragraph (2) for 
                        the fiscal year.
                    (B) Goods and services.--For the purpose of determining the 
                amount received from non-Federal sources by the Corporation, 
                other than money--
                            (i) the fair market value of goods and services 
                        (including advertising) contributed to the Corporation 
                        for use under this section may be included in the 
                        determination; but
                            (ii) the fair market value of such goods and 
                        services may not account for more than 80 percent of the 
                        matching requirement under subparagraph (A) for the 
                        Corporation in any fiscal year.
                    (C) 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) Limitation.--The Corporation may not obligate or expend 
                funds in excess of the total amount received by the Corporation 
                for a fiscal year from Federal and non-Federal sources.
            (4) Carryforward.--
                    (A) Federal funds.--Amounts transferred to the Fund under 
                paragraph (2)(B) shall remain available until expended.
                    (B) 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 paragraph (3)(A) for the fiscal year in which amount was 
                collected may be carried forward and treated as having been 
                received in the succeeding fiscal year for purposes of meeting 
                the matching requirement of paragraph (3)(A) in such succeeding 
                fiscal year.
    (e) 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 6 months after the 
                        date of enactment of the Travel Promotion Act of 2009, 
                        the Secretary of Homeland Security shall establish a fee 
                        for the use of the System and begin assessment and 
                        collection of that fee. The initial fee shall be the sum 
                        of--
                                    ``(I) $10 per travel authorization; and
                                    ``(II) an amount that will at least ensure 
                                recovery of the full costs of providing and 
                                administering the System, as determined by the 
                                Secretary.
                            ``(ii) Disposition of amounts collected.--Amounts 
                        collected under clause (i)(I) shall be credited to the 
                        Travel Promotion Fund established by subsection (d) of 
                        section 11 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) 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.''.
    (f) Assessment Authority.--
            (1) In general.--Except as otherwise provided in this subsection, 
        the Corporation may impose an annual assessment on United States members 
        of the international travel and tourism industry (other than those 
        described in subsection (b)(2)(A)(iii) or (H)) represented on the Board 
        in proportion to their share of the aggregate international travel and 
        tourism revenue of the industry. The Corporation shall be responsible 
        for verifying, implementing, and collecting the assessment authorized by 
        this subsection.
            (2) Initial assessment limited.--The Corporation may establish the 
        initial assessment after the date of enactment of this section at no 
        greater, in the aggregate, than $20,000,000.
            (3) Referenda.--
                    (A) In general.--The Corporation may not impose an annual 
                assessment unless--
                            (i) the Corporation submits the proposed annual 
                        assessment to members of the industry in a referendum; 
                        and
                            (ii) the assessment is approved by a majority of 
                        those voting in the referendum.
                    (B) Procedural requirements.--In conducting a referendum 
                under this paragraph, the Corporation shall--
                            (i) provide written or electronic notice not less 
                        than 60 days before the date of the referendum;
                            (ii) describe the proposed assessment or increase 
                        and explain the reasons for the referendum in the 
                        notice; and
                            (iii) determine the results of the referendum on the 
                        basis of weighted voting apportioned according to each 
                        business entity's relative share of the aggregate annual 
                        United States international travel and tourism revenue 
                        for the industry per business entity, treating all 
                        related entities as a single entity.
            (4) Collection.--
                    (A) 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 section.
                    (B) Enforcement.--The Corporation may bring suit in Federal 
                court to compel compliance with an assessment levied by the 
                Corporation under this section.
            (5) 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.
    (g) Office of Travel Promotion.--Title II of the International Travel Act of 
1961 (22 U.S.C. 2121 et seq.) is amended by inserting after section 201 the 
following:

``SEC. 202. OFFICE OF TRAVEL PROMOTION.

    ``(a) Office Established.--There is established within the Department of 
Commerce an office to be known as the Office of Travel Promotion.
    ``(b) Director.--
            ``(1) Appointment.--The Office shall be headed by a Director who 
        shall be appointed by the Secretary.
            ``(2) Qualifications.--The Director shall be a citizen of the United 
        States and have experience in a field directly related to the promotion 
        of travel to and within the United States.
            ``(3) Duties.--The Director shall be responsible for ensuring the 
        office is carrying out its functions effectively and shall report to the 
        Secretary.
    ``(c) Functions.--The Office shall--
            ``(1) serve as liaison to the Corporation for Travel Promotion 
        established by subsection (b) of section 11 of the Travel Promotion Act 
        of 2009 and support and encourage the development of programs to 
        increase the number of international visitors to the United States for 
        business, leisure, educational, medical, exchange, and other purposes;
            ``(2) work with the Corporation, the Secretary of State and the 
        Secretary of Homeland Security--
                    ``(A) to disseminate information more effectively to 
                potential international visitors about documentation and 
                procedures required for admission to the United States as a 
                visitor;
                    ``(B) to ensure that arriving international visitors are 
                generally welcomed with accurate information and in an inviting 
                manner;
                    ``(C) to collect accurate data on the total number of 
                international visitors that visit each State; and
                    ``(D) enhance the entry and departure experience for 
                international visitors through the use of advertising, signage, 
                and customer service; and
            ``(3) support State, regional, and private sector initiatives to 
        promote travel to and within the United States.
    ``(d) Reports to Congress.--Within a year after the date of enactment of the 
Travel Promotion Act of 2009, and periodically thereafter as appropriate, the 
Secretary shall transmit a report to the Senate Committee on Commerce, Science, 
and Transportation, the Senate Committee on Homeland Security and Governmental 
Affairs, the Senate Committee on Foreign Relations, the House of Representatives 
Committee on Energy and Commerce, the House of Representatives Committee on 
Homeland Security, and the House of Representatives Committee on Foreign Affairs 
describing the Office's work with the Corporation, the Secretary of State and 
the Secretary of Homeland Security to carry out subsection (c)(2).''.
    (h) Research Program.--Title II of the International Travel Act of 1961 (22 
U.S.C. 2121 et seq.), as amended by subsection (g), is further amended by 
inserting after section 202 the following:

``SEC. 203. RESEARCH PROGRAM.

    ``(a) In General.--The Office of Travel and Tourism Industries shall expand 
and continue its research and development activities in connection with the 
promotion of international travel to the United States, including--
            ``(1) expanding access to the official Mexican travel surveys data 
        to provide the States with traveler characteristics and visitation 
        estimates for targeted marketing programs;
            ``(2) expanding the number of inbound air travelers sampled by the 
        Commerce Department's Survey of International Travelers to reach a 1 
        percent sample size and revising the design and format of questionnaires 
        to accommodate a new survey instrument, improve response rates to at 
        least double the number of States and cities with reliable international 
        visitor estimates and improve market coverage;
            ``(3) developing estimates of international travel exports 
        (expenditures) on a State-by-State basis to enable each State to compare 
        its comparative position to national totals and other States;
            ``(4) evaluate the success of the Corporation in achieving its 
        objectives and carrying out the purposes of the Travel Promotion Act of 
        2009; and
            ``(5) research to support the annual reports required by section 
        202(d) of this Act.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for fiscal years 2010 through 2014 
such sums as may be necessary to carry out this section.''.
            Attest:

                                                                          Clerk.