[Congressional Record Volume 155, Number 94 (Monday, June 22, 2009)]
[Senate]
[Pages S6890-S6898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1354. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed by him to the bill 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; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 9. TRUSTED PASSENGER/REGISTERED TRAVELER PROGRAM.

       (a) Assessments and Background Checks.--
       (1) In general.--Subject to paragraph (2) and not later 
     than 120 days after the date of enactment of this Act, to 
     enhance aviation security through risk management at airport 
     checkpoints through use of a trusted passenger program 
     (referred to in this section as the ``Registered Traveler 
     program''), established pursuant to section 109(a)(3) of the 
     Aviation and Transportation Security Act (Public Law 107-71; 
     49 U.S.C. 114 note), the Assistant Secretary of Homeland 
     Security for the Transportation Security Administration 
     shall--
       (A) reinstate an initial and continuous security threat 
     assessment program as part of the enrollment process for the 
     Registered Traveler program; and
       (B) allow appropriate providers to perform private sector 
     background checks as part of the Registered Traveler program 
     enrollment process with assurance that the program shall be 
     undertaken in a manner consistent with constitutional privacy 
     and civil liberties protections and be subject to approval 
     and oversight by the Assistant Secretary.
       (2) Requirements.--The Assistant Secretary shall not 
     reinstate the threat assessment component of the Registered 
     Traveler program or allow certain background checks unless 
     the Assistant Secretary--
       (A) determines that the Registered Traveler program, as 
     carried out in accordance with this subsection, is integrated 
     into risk-based aviation security operations; and
       (B) expedites airport checkpoint screening for members of 
     the Registered Traveler program who have been subjected to a 
     security threat assessment and the private sector background 
     check under this subsection.
       (b) Treatment of Individuals With Top Secret Security 
     Clearances.--Not later than 180 days after the date of 
     enactment of this Act, the Assistant Secretary shall 
     establish protocols to--
       (1) verify the identity of United States citizens who--
       (A) participate in the Registered Traveler program; and
       (B) possess a valid top secret security clearance granted 
     by the Federal Government; and
       (2) allow alternative screening procedures for individuals 
     described in paragraph (1), including random, risk-based 
     screening determined necessary to respond to a specific 
     threat to security identified pursuant to a security threat 
     assessment.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act and if the Assistant Secretary 
     determines that the Registered Traveler program, as carried 
     out in accordance with subsection (a), may be integrated into 
     risk-based aviation security operations under subsection (a), 
     the Assistant Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report on--
       (1) the level of risk reduction provided by carrying out 
     section (a);
       (2) the manner in which the Registered Traveler program has 
     been integrated into risk-based aviation security operations; 
     and
       (3) the changes to the Registered Traveler program, 
     including screening protocols, that have been implemented to 
     realize the full potential of the Registered Traveler 
     program.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to authorize any nongovernmental entity to perform 
     vetting against the terrorist screening database maintained 
     by the Government of the United States.
                                 ______
                                 
  SA 1355. Mr. KERRY (for himself, Mr. Hatch, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill 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; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 9. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
                   ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY.

       (a) Short Title.--This section may be cited as the ``Arts 
     Require Timely Service Act'' or the ``ARTS Act''.
       (b) Expedited Adjudication of Employer Petitions for Aliens 
     With Extraordinary Artistic Ability.--Section 214(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)) is 
     amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (6)(D)--
       (A) by striking ``(D) Any person'' and inserting the 
     following:
       ``(D)(i) Except as provided under clause (ii), any 
     person''; and
       (B) by adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien who has extraordinary ability in 
     the arts (as described in section 101(a)(15)(O)(i)), an alien 
     accompanying such an alien (as described in clauses (ii) and 
     (iii) of section 101(a)(15)(O)), or an alien described in 
     section 101(a)(15)(P) not later than 30 days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     appropriate opportunity to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 30-day period described in 
     clause (ii) and the petitioner is an arts organization 
     described in paragraph (3), (5), or (6) of section 501(c) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code for the taxable year preceding 
     the calendar year in which the petition is submitted, or an 
     individual or entity petitioning primarily on behalf of such 
     an organization, the Secretary of Homeland Security shall 
     provide the petitioner with the premium processing services 
     referred to in section 286(u), without a fee.''.
                                 ______
                                 
  SA 1356. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as 
follows:

       On page 9, strike line 20 and all that follows through page 
     23, line 6, and insert the following:
       (4) Review of information.--
       (A) Submission.--The Corporation shall submit all 
     information relating to United States Government travel and 
     visa requirements proposed to be disseminated to foreign 
     travelers under paragraphs (1)(A) and (3) to the Secretary of 
     State and Secretary of Homeland Security for review in order 
     to ensure that the travel promotion campaigns funded through 
     the Travel Promotion Fund are factually accurate.
       (B) Review and feedback.--Not later than 10 business days 
     after receiving information from the Corporation under 
     subparagraph (A), the Secretary of State and the Secretary of 
     Homeland Security shall each--
       (i) complete a review of the factual content of the 
     information submitted by the Corporation under subparagraph 
     (A); and
       (ii) correct any factual errors discovered in such 
     information.
       (C) Limitation.--The Secretary of State and the Secretary 
     of Homeland Security shall limit their review under this 
     paragraph to the factual content of the information that the 
     Corporation is proposing to disseminate.
       (D) Changes.--The Corporation shall make all reasonable 
     changes to the factual content of the information it proposes 
     to disseminate to foreign travelers based on the feedback 
     received from the Secretary of State and the Secretary of 
     Homeland Security to ensure that such information is 
     accurate.
       (E) Effect of failure to respond.--If the Corporation does 
     not receive a response from the Secretary of State or the 
     Secretary of Homeland Security within 10 business days after 
     the receipt of the information submitted under subparagraph 
     (A), the factual

[[Page S6891]]

     content of the proposed information campaign shall be deemed 
     to have been authorized by the Secretary of State and the 
     Secretary of Homeland Security.
       (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), 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. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.

       (a) 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

[[Page S6892]]

     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--
       ``(A) report to the Secretary;
       ``(B) ensure that the Office is effectively carrying out 
     its functions; and
       ``(C) perform a purely advisory role relating to any 
     responsibilities described in subsection (c) that are related 
     to functions carried out by the Department of Homeland 
     Security or the Department of State.
       ``(4) Rule of construction.--Nothing in this section may be 
     construed to override the preeminent role of the Secretary of 
     Homeland Security in setting policies relating to the 
     Nation's ports of entry and the processes through which 
     individuals are admitted into the United States.
       ``(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 advise the Secretary of Homeland Security on ways 
     to improve the experience of incoming international 
     passengers and to provide these passengers with more accurate 
     information;
       ``(C) to collect accurate data on the total number of 
     international visitors that visit each State; and
       ``(D) to advise the Secretary of Homeland Security on ways 
     to 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.--Not later than 1 year after the 
     date of the enactment of the Travel Promotion Act of 2009, 
     and periodically thereafter, as appropriate, the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Energy and Commerce of the House of Representatives, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Foreign Affairs of the 
     House of Representatives, which describes the Office's work 
     with the Corporation, the Secretary of State, and the 
     Secretary of Homeland Security to carry out subsection 
     (c)(2).''.
                                 ______
                                 
  SA 1357. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as 
follows:

       On page 10, strike line 11 and all that follows through 
     page 25, line 10, and insert the following:
       (4) Review of information.--
       (A) Submission.--The Corporation shall submit all 
     information relating to United States Government travel and 
     visa requirements proposed to be disseminated to foreign 
     travelers under paragraphs (1)(A) and (3) to the Secretary of 
     State and Secretary of Homeland Security for review in order 
     to ensure that the travel promotion campaigns funded through 
     the Travel Promotion Fund are factually accurate.
       (B) Review and feedback.--Not later than 10 business days 
     after receiving information from the Corporation under 
     subparagraph (A), the Secretary of State and the Secretary of 
     Homeland Security shall each--
       (i) complete a review of the factual content of the 
     information submitted by the Corporation under subparagraph 
     (A); and
       (ii) correct any factual errors discovered in such 
     information.
       (C) Limitation.--The Secretary of State and the Secretary 
     of Homeland Security shall limit their review under this 
     paragraph to the factual content of the information that the 
     Corporation is proposing to disseminate.
       (D) Changes.--The Corporation shall make all reasonable 
     changes to the factual content of the information it proposes 
     to disseminate to foreign travelers based on the feedback 
     received from the Secretary of State and the Secretary of 
     Homeland Security to ensure that such information is 
     accurate.
       (E) Effect of failure to respond.--If the Corporation does 
     not receive a response from the Secretary of State or the 
     Secretary of Homeland Security within 10 business days after 
     the receipt of the information submitted under subparagraph 
     (A), the factual content of the proposed information campaign 
     shall be deemed to have been authorized by the Secretary of 
     State and the Secretary of Homeland Security.
       (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

[[Page S6893]]

     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), 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. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.

       (a) 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.

[[Page S6894]]

       ``(3) Duties.--The Director shall--
       ``(A) report to the Secretary;
       ``(B) ensure that the Office is effectively carrying out 
     its functions; and
       ``(C) perform a purely advisory role relating to any 
     responsibilities described in subsection (c) that are related 
     to functions carried out by the Department of Homeland 
     Security or the Department of State.
       ``(4) Rule of construction.--Nothing in this section may be 
     construed to override the preeminent role of the Secretary of 
     Homeland Security in setting policies relating to the 
     Nation's ports of entry and the processes through which 
     individuals are admitted into the United States.
       ``(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 advise the Secretary of Homeland Security on ways 
     to improve the experience of incoming international 
     passengers and to provide these passengers with more accurate 
     information;
       ``(C) to collect accurate data on the total number of 
     international visitors that visit each State; and
       ``(D) to advise the Secretary of Homeland Security on ways 
     to 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.--Not later than 1 year after the 
     date of the enactment of the Travel Promotion Act of 2009, 
     and periodically thereafter, as appropriate, the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Energy and Commerce of the House of Representatives, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Foreign Affairs of the 
     House of Representatives, which describes the Office's work 
     with the Corporation, the Secretary of State, and the 
     Secretary of Homeland Security to carry out subsection 
     (c)(2).''.
                                 ______
                                 
  SA 1358. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill 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; which was ordered 
to lie on the table; as follows:

       On page 10, strike line 11 and all that follows through 
     page 25, line 10, and insert the following:
       (4) Review of information.--
       (A) Submission.--The Corporation shall submit all 
     information relating to United States Government travel and 
     visa requirements proposed to be disseminated to foreign 
     travelers under paragraphs (1)(A) and (3) to the Secretary of 
     State and Secretary of Homeland Security for review in order 
     to ensure that the travel promotion campaigns funded through 
     the Travel Promotion Fund are factually accurate.
       (B) Review and feedback.--Not later than 10 business days 
     after receiving information from the Corporation under 
     subparagraph (A), the Secretary of State and the Secretary of 
     Homeland Security shall each--
       (i) complete a review of the factual content of the 
     information submitted by the Corporation under subparagraph 
     (A); and
       (ii) correct any factual errors discovered in such 
     information.
       (C) Limitation.--The Secretary of State and the Secretary 
     of Homeland Security shall limit their review under this 
     paragraph to the factual content of the information that the 
     Corporation is proposing to disseminate.
       (D) Changes.--The Corporation shall make all reasonable 
     changes to the factual content of the information it proposes 
     to disseminate to foreign travelers based on the feedback 
     received from the Secretary of State and the Secretary of 
     Homeland Security to ensure that such information is 
     accurate.
       (E) Effect of failure to respond.--If the Corporation does 
     not receive a response from the Secretary of State or the 
     Secretary of Homeland Security within 10 business days after 
     the receipt of the information submitted under subparagraph 
     (A), the factual content of the proposed information campaign 
     shall be deemed to have been authorized by the Secretary of 
     State and the Secretary of Homeland Security.
       (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

[[Page S6895]]

     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), 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. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.

       (a) 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.--From the amounts 
     collected under clause (i)(I), $100,000,000 shall be 
     deposited into the Treasury and credited to the Travel 
     Promotion Fund established under section 4 of the Travel 
     Promotion Act of 2009, and any additional amounts shall be 
     deposited into the Treasury as an offsetting collection, 
     subject to appropriation for use by the Secretary of Homeland 
     Security for the electronic travel authorization system 
     authorized under section 217(h)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(h)(3). 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--
       ``(A) report to the Secretary;
       ``(B) ensure that the Office is effectively carrying out 
     its functions; and
       ``(C) perform a purely advisory role relating to any 
     responsibilities described in subsection (c) that are related 
     to functions carried out by the Department of Homeland 
     Security or the Department of State.
       ``(4) Rule of construction.--Nothing in this section may be 
     construed to override the preeminent role of the Secretary of 
     Homeland Security in setting policies relating to the 
     Nation's ports of entry and the processes through which 
     individuals are admitted into the United States.
       ``(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 advise the Secretary of Homeland Security on ways 
     to improve the experience of incoming international 
     passengers and to provide these passengers with more accurate 
     information;
       ``(C) to collect accurate data on the total number of 
     international visitors that visit each State; and
       ``(D) to advise the Secretary of Homeland Security on ways 
     to 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.--Not later than 1 year after the 
     date of the enactment of the Travel Promotion Act of 2009, 
     and periodically thereafter, as appropriate, the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Energy and Commerce of the House of

[[Page S6896]]

     Representatives, the Committee on Homeland Security of the 
     House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives, which describes the 
     Office's work with the Corporation, the Secretary of State, 
     and the Secretary of Homeland Security to carry out 
     subsection (c)(2).''.
                                 ______
                                 
  SA 1359. Mrs. FEINSTEIN (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed by her to the bill 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; which was ordered to lie on the table; as 
follows:

       Beginning on page 19, strike line 17 and all that follows 
     through page 20, line 10, and insert the following:
       ``(B) Fees.--
       ``(i) In general.--Not 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. Such fee shall be not less than $20 per travel 
     authorization and distributed as follows:

       ``(I) $10 of each fee shall be deposited in the general 
     fund of the Treasury for transfer to the Travel Promotion 
     Fund established by section 4(a) of the Travel Promotion Act 
     of 2009, consistent with section 4(b) of such Act.
       ``(II) The amount of each fee not transferred under 
     subclause (I) shall be deposited into the Treasury as an 
     offsetting collection subject to appropriation for the 
     Secretary of Homeland Security--

       ``(aa) to carry out the exit system required by section 
     217(i) and similar programs at sea and land ports of entry; 
     and
       ``(bb) to ensure recovery of the full costs of providing 
     and administering the System.
       ``(ii) Exception.--Any amount collected for distribution 
     under clause (i)(I) for a fiscal year that exceeds the 
     maximum amount that may be transferred to the Travel 
     Promotion Fund under subsections (b), (c), and (d) of section 
     4 of the Travel Promotion Act of 2009 for such fiscal year 
     shall be made available to the Secretary of Homeland Security 
     under clause (i)(II).
                                 ______
                                 
  SA 1360. Mrs. FEINSTEIN (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed to amendment SA 1347 proposed by Mr. 
Dorgan (for himself and Mr. Rockefeller) to the bill 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; which was ordered to lie on the table; as 
follows:

       Beginning on page 17, strike line 7 and all that follows 
     through page 18, line 4, and insert the following:
       ``(B) Fees.--
       ``(i) In general.--Not 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. Such fee shall be not less than $20 per travel 
     authorization and distributed as follows:

       ``(I) $10 of each fee shall be deposited in the general 
     fund of the Treasury for transfer to the Travel Promotion 
     Fund established by section 4(a) of the Travel Promotion Act 
     of 2009, consistent with section 4(b) of such Act.
       ``(II) The amount of each fee not transferred under 
     subclause (I) shall be deposited into the Treasury as an 
     offsetting collection subject to appropriation for the 
     Secretary of Homeland Security--

       ``(aa) to carry out the exit system required by section 
     217(i) and similar programs at sea and land ports of entry; 
     and
       ``(bb) to ensure recovery of the full costs of providing 
     and administering the System.
       ``(ii) Exception.--Any amount collected for distribution 
     under clause (i)(I) for a fiscal year that exceeds the 
     maximum amount that may be transferred to the Travel 
     Promotion Fund under subsections (b), (c), and (d) of section 
     4 of the Travel Promotion Act of 2009 for such fiscal year 
     shall be made available to the Secretary of Homeland Security 
     under clause (i)(II).
                                 ______
                                 
  SA 1361. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1347 proposed by Mr. Dorgan (for himself and Mr. 
Rockefeller) to the bill 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; which was 
ordered to lie on the table; as follows:

       On page 9, strike line 20 and all that follows through page 
     23, line 6, and insert the following:
       (4) Review of information.--
       (A) Submission.--The Corporation shall submit all 
     information relating to United States Government travel and 
     visa requirements proposed to be disseminated to foreign 
     travelers under paragraphs (1)(A) and (3) to the Secretary of 
     State and Secretary of Homeland Security for review in order 
     to ensure that the travel promotion campaigns funded through 
     the Travel Promotion Fund are factually accurate.
       (B) Review and feedback.--Not later than 10 business days 
     after receiving information from the Corporation under 
     subparagraph (A), the Secretary of State and the Secretary of 
     Homeland Security shall each--
       (i) complete a review of the factual content of the 
     information submitted by the Corporation under subparagraph 
     (A); and
       (ii) correct any factual errors discovered in such 
     information.
       (C) Limitation.--The Secretary of State and the Secretary 
     of Homeland Security shall limit their review under this 
     paragraph to the factual content of the information that the 
     Corporation is proposing to disseminate.
       (D) Changes.--The Corporation shall make all reasonable 
     changes to the factual content of the information it proposes 
     to disseminate to foreign travelers based on the feedback 
     received from the Secretary of State and the Secretary of 
     Homeland Security to ensure that such information is 
     accurate.
       (E) Effect of failure to respond.--If the Corporation does 
     not receive a response from the Secretary of State or the 
     Secretary of Homeland Security within 10 business days after 
     the receipt of the information submitted under subparagraph 
     (A), the factual content of the proposed information campaign 
     shall be deemed to have been authorized by the Secretary of 
     State and the Secretary of Homeland Security.
       (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;

[[Page S6897]]

       (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), 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. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.

       (a) 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.--From the amounts 
     collected under clause (i)(I), $100,000,000 shall be 
     deposited into the Treasury and credited to the Travel 
     Promotion Fund established under section 4 of the Travel 
     Promotion Act of 2009, and any additional amounts shall be 
     deposited into the Treasury as an offsetting collection, 
     subject to appropriation for use by the Secretary of Homeland 
     Security for the electronic travel authorization system 
     authorized under section 217(h)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(h)(3). 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--
       ``(A) report to the Secretary;
       ``(B) ensure that the Office is effectively carrying out 
     its functions; and
       ``(C) perform a purely advisory role relating to any 
     responsibilities described in subsection (c) that are related 
     to functions carried out by the Department of Homeland 
     Security or the Department of State.
       ``(4) Rule of construction.--Nothing in this section may be 
     construed to override the preeminent role of the Secretary of 
     Homeland Security in setting policies relating to the 
     Nation's ports of entry and the processes through which 
     individuals are admitted into the United States.
       ``(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;

[[Page S6898]]

       ``(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 advise the Secretary of Homeland Security on ways 
     to improve the experience of incoming international 
     passengers and to provide these passengers with more accurate 
     information;
       ``(C) to collect accurate data on the total number of 
     international visitors that visit each State; and
       ``(D) to advise the Secretary of Homeland Security on ways 
     to 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.--Not later than 1 year after the 
     date of the enactment of the Travel Promotion Act of 2009, 
     and periodically thereafter, as appropriate, the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Energy and Commerce of the House of Representatives, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Foreign Affairs of the 
     House of Representatives, which describes the Office's work 
     with the Corporation, the Secretary of State, and the 
     Secretary of Homeland Security to carry out subsection 
     (c)(2).''.
                                 ______
                                 
  SA 1362. Mr. HATCH (for himself, Mrs. Lincoln, and Mr. Corker) 
submitted an amendment intended to be proposed by him to the bill 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; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 9. DEPOSIT OF TARP REPAYMENTS AND PROCEEDS INTO TREASURY 
                   TO REDUCE THE PUBLIC DEBT.

       (a) Short Title.--This section may be cited as the ``Stop 
     Tarp Asset Recycling Act of 2009'' or the ``STAR Act of 
     2009''.
       (b) Amendment to TARP Authorization.--Section 115(a)(3) of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5225(a)(3)) is amended by striking ``outstanding at any one 
     time'' and inserting ``, in the aggregate (or such higher 
     amount, in the aggregate, as has been obligated or expended 
     under this Act as of the date of enactment of the STAR Act of 
     2009)''.
       (c) Deposit of Funds Into Treasury.--
       (1) In general.--On and after the date of enactment of this 
     Act, all repayments of obligations arising under the 
     Emergency Economic Stabilization Act of 2008 (Public Law 110-
     343), and all proceeds from the sale of assets acquired by 
     the Federal Government under that Act, shall be paid into the 
     general fund of the Treasury for reduction of the public 
     debt, in accordance with section 106(d) of that Act (12 
     U.S.C. 5216(d)), as amended by this section.
       (2) Conforming amendment.--Section 106(d) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is 
     amended by inserting ``, and repayments of obligations 
     arising under this Act,'' after ``section 113''.
                                 ______
                                 
  SA 1363. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 1347 proposed by Mr. Dorgan (for himself and Mr. 
Rockefeller) to the bill 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; which was 
ordered to lie on the table; as follows:

       On page 17, strike lines 22 through 24 and insert the 
     following: ``(i)(I) shall be transferred to the general fund 
     of the Treasury and made available for the purposes provided 
     for in section 4 of the Travel Promotion Act of 2009.''.

                          ____________________