[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1023 Introduced in Senate (IS)]
<DOC>
111th CONGRESS
1st Session
S. 1023
To establish a non-profit corporation to communicate United States
entry policies and otherwise promote leisure, business, and scholarly
travel to the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2009
Mr. Dorgan (for himself, Mr. Ensign, Mr. Inouye, Mr. Martinez, Ms.
Klobuchar, Mr. Begich, Ms. Mikulski, Mr. Bennet, Mr. Udall of New
Mexico, Mr Vitter, Mr. Udall of Colorado, and Mr. Reid) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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 advertising 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 29-1001 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 a President,
and such other officers as may be named and appointed by the
board for terms and at rates of compensation fixed by the
board. No individual other than a citizen of the United States
may be an officer of the Corporation. The Corporation may hire
and fix the compensation of such employees as may be necessary
to carry out its purposes. No officer or employee of the
Corporation may receive any salary or other compensation
(except for compensation for services on boards of directors of
other organizations that do not receive funds from the
Corporation, on committees of such boards, and in similar
activities for such organizations) from any sources other than
the Corporation for services rendered during the period of his
or her employment by the Corporation. Service by any officer on
boards of directors of other organizations, on committees of
such boards, and in similar activities for such organizations
shall be subject to annual advance approval by the board and
subject to the provisions of the Corporation's Statement of
Ethical Conduct. All officers and employees shall serve at the
pleasure of the board.
(2) Nonpolitical nature of appointment.--No political test
or qualification shall be used in selecting, appointing,
promoting, or taking other personnel actions with respect to
officers, agents, or employees of the Corporation.
(d) Nonprofit and Nonpolitical Nature of Corporation.--
(1) Stock.--The Corporation shall have no power to issue
any shares of stock, or to declare or pay any dividends.
(2) Profit.--No part of the income or assets of the
Corporation shall inure to the benefit of any director,
officer, employee, or any other individual except as salary or
reasonable compensation for services.
(3) Politics.--The Corporation may not contribute to or
otherwise support any political party or candidate for elective
public office.
(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 travelling 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 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.
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 the period beginning on October
1, 2009, and ending on December 31, 2009, 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.
(2) Fiscal year 2010 and subsequent years.--For the period
beginning on January 1, 2010, and ending on September 30, 2010,
and 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)(3)(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
subsections (c) and (d) 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 of the
Treasury of the amounts required to be transferred in
accordance with subsection (c), 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.--The Secretary of the Treasury shall make
available to the Corporation at least quarterly from amounts
available in the Fund for the period beginning on January 1,
2010, and ending on September 30, 2010, and for each of fiscal
years 2011, 2012, 2013, and 2014, an amount equal to the amount
received from non-Federal sources by the Corporation. The
amount made available to the Corporation under this paragraph
for the period ending on September 30, 2010, and for each of
those fiscal years, may not exceed $100,000,000.
(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.
(3) 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 Government 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.''.
<all>