[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1023 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                S. 1023

_______________________________________________________________________

                                 AN ACT


 
  To establish a non-profit corporation to communicate United States 
 entry policies and otherwise promote leisure, 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. Assessment authority.
Sec. 7. Office of Travel Promotion.
Sec. 8. Research program.

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 (D.C. Code, section 29-1001 et 
seq.), 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 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:
                    (A) 1 shall have appropriate expertise and 
                experience in the hotel accommodations sector;
                    (B) 1 shall have appropriate expertise and 
                experience in the restaurant sector;
                    (C) 1 shall have appropriate expertise and 
                experience in the small business or retail sector or in 
                associations representing that sector;
                    (D) 1 shall have appropriate expertise and 
                experience in the travel distribution services sector;
                    (E) 1 shall have appropriate expertise and 
                experience in the attractions or recreations sector;
                    (F) 1 shall have appropriate expertise and 
                experience as officials of a city convention and 
                visitors' bureau;
                    (G) 2 shall have appropriate expertise and 
                experience as officials of a State tourism office;
                    (H) 1 shall have appropriate expertise and 
                experience in the passenger air sector;
                    (I) 1 shall have appropriate expertise and 
                experience in immigration law and policy, including 
                visa requirements and United States entry procedures; 
                and
                    (J) 1 shall have appropriate expertise in the 
                intercity passenger railroad business.
            (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 (D.C. Code, 
        section 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) Removal for cause.--The Secretary of Commerce may 
        remove any member of the board for good cause.
            (5) 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 3-year terms.
            (6) 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.
            (7) 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.
            (8) 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.
    (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 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)).
    (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, 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) to identify, counter, and correct 
                misperceptions regarding United States entry policies 
                around the world;
                    (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;
                    (D) 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
                    (E) to give priority to the Corporation's efforts 
                with respect to countries and populations most likely 
                to travel to the United States.
            (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.
            (3) Public outreach and information.--The Corporation shall 
        develop and maintain a publicly accessible website.
    (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. The Comptroller General of the United 
        States may review any audit of a financial statement conducted 
        under this subsection 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.
            (4) Program audits.--Not later than 2 years after the date 
        of enactment of this Act, 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.

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 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.
    (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 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 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.
    (d) 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 section.

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) 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 Act. 
        Transfers shall be made at least quarterly, beginning on 
        October 1, 2009, 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.
            (2) 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 
        subsection (c) of this section, 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 2010, except 
        to the extent that--
                    (A) 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 subsection (b); and
                    (B) 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 subsection (b) for 
                the fiscal year.
            (2) Goods and services.--For the purpose of determining the 
        amount received from non-Federal sources by the Corporation, 
        other than money--
                    (A) the fair market value 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 under paragraph (1) 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.
            (4) 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.
    (d) 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 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 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 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 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) 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.''.

SEC. 6. 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 international travel and tourism industry (other than those 
described in section 2(b)(1)(C) 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 section.
    (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; 
                and
                    (B) the assessment is approved by a majority of 
                those voting in the referendum.
            (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;
                    (B) describe the proposed assessment or increase 
                and explain the reasons for the referendum in the 
                notice; and
                    (C) 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.
    (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. 7. 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 section 2 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).''.

SEC. 8. RESEARCH PROGRAM.

    Title II of the International Travel Act of 1961 (22 U.S.C. 2121 et 
seq.), as amended by section 7, 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.''.

            Passed the Senate September 9, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                S. 1023

_______________________________________________________________________

                                 AN ACT

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