[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Pages 15228-15235]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1303. Ms. LANDRIEU (for herself and Ms. Snowe) 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:

       On page 26, between lines 16 and 17, insert the following:
       ``(b) Report on Tourism and Rural Communities.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of the Office of 
     Travel and Tourism Industries, in consultation with the 
     Administrator of the Small Business Administration and the 
     Secretary of Agriculture, shall report to the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate, and the Committee on Small Business and 
     Entrepreneurship of the Senate, the Committee on Energy and 
     Commerce of the House of Representative, the Committee on 
     Agriculture of the House of Representatives, and the 
     Committee on Small Business of the House of Representatives 
     on developing the tourism potential of rural communities.
       ``(2) Content of the report.--The report required by 
     paragraph (1) shall--
       ``(A) identify existing Federal programs that provide 
     assistance to rural small businesses in developing tourism 
     marketing and promotion plans relating to tourism in rural 
     areas;
       ``(B) identify existing Federal programs that assist rural 
     small business concerns in obtaining capital for starting or 
     expanding businesses primarily serving tourists; and
       ``(C) include recommendations, if any, for improving 
     existing programs or creating new Federal programs that may 
     benefit tourism in rural communities.
                                 ______
                                 
  SA 1304. Mr. SANDERS 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 appropriate place, insert the following:

     SEC. __. ENERGY MARKET MANIPULATION PREVENTION.

       (a) Findings.--Congress finds that--
       (1) in 1974, the Commodity Futures Trading Commission 
     (referred to in this Act as the ``Commission'') was 
     established as an independent agency with a mandate--
       (A) to enforce and administer the Commodity Exchange Act (7 
     U.S.C. 1 et seq.);
       (B) to ensure market integrity;
       (C) to protect market users from fraud and abusive trading 
     practices; and
       (D) to prevent and prosecute manipulation of the price of 
     any covered commodity in interstate commerce;
       (2) Congress has given the Commission authority under the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.) to take necessary 
     actions to address market emergencies;
       (3) the Commission may use the emergency authority of the 
     Commission with respect to any major market disturbance that 
     prevents the market from accurately reflecting the forces of 
     supply and demand for a covered commodity;
       (4) in section 4a(a) of the Commodity Exchange Act (7 
     U.S.C. 6a(a)), Congress has declared that excessive 
     speculation imposes an undue and unnecessary burden on 
     interstate commerce;
       (5) in May 2009, crude oil inventories in the United States 
     were at the highest level of crude oil inventories on record;
       (6) in May 2009, demand for oil in the United States 
     dropped to the lowest level of demand in more than a decade;
       (7) the national average price of a gallon of gasoline has 
     jumped from $1.64 per gallon in late December of 2008 to over 
     $2.61 per gallon as of June 8, 2009;
       (8) crude oil prices have increased by over 70 percent 
     since the middle of January 2009; and
       (9) in May 2009, the International Energy Agency predicted 
     that global demand for oil will decrease in 2009 to the 
     lowest level of demand since 1981.
       (b) Duties of Commission.--The Commission shall use the 
     authority of the Commission, including the emergency 
     authority of the Commission--
       (1) to curb immediately the role of excessive speculation 
     in any contract market--
       (A) that is within the jurisdiction and control of the 
     Commission; and
       (B) on or through which energy futures or swaps are traded;

[[Page 15229]]

       (2) to eliminate excessive speculation, price distortion, 
     sudden or unreasonable fluctuations or unwarranted changes in 
     prices, or other unlawful activity that causes major market 
     disturbances that prevent the market from accurately 
     reflecting the forces of supply and demand for energy 
     commodities;
       (3) to classify immediately each bank holding company that 
     engages in energy futures trading as a noncommercial 
     participant, and subject the bank holding company to strict 
     position limits;
       (4) to require immediately that each hedge fund engaged in 
     the trading of energy futures for the hedge fund, or on 
     behalf of a client of the hedge fund--
       (A) to register with the Commission as a noncommercial 
     participant; and
       (B) to be subject to strict speculation limits;
       (5) to eliminate conflicts of interest that may arise in 
     situations during which 1 entity owns or controls a unit that 
     is--
       (A) designed to predict the future price of oil;
       (B) engaged in the operations of oil assets, including 
     pipelines and storage facilities; and
       (C) engaged in the buying or selling of energy derivatives 
     for the unit, or on behalf of a client of the unit; and
       (6) to revoke immediately each staff no-action letter that 
     covers a foreign board of trade that has established trading 
     terminals in the United States for the purpose of trading 
     United States commodities to United States investors.
                                 ______
                                 
  SA 1305. Mr. JOHANNS 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 appropriate place, insert the following:

     SEC. __. CONGRESSIONAL APPROVAL OF CERTAIN TARP EXPENDITURES.

       Notwithstanding any other provision of law, including any 
     provision of the Emergency Economic Stabilization Act of 
     2008, on and after May 29, 2009, no funds may be disbursed or 
     otherwise obligated under that Act to any entity, if such 
     disbursement would result in the Federal Government acquiring 
     any ownership of the common or preferred stock of the entity 
     receiving such funds, unless the Congress first approves of 
     such disbursement or obligation.

                                 ______
                                 
  SA 1306. Mr. CORKER (for himself, Mr. Nelson of Florida, and Ms. 
Snowe) 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 appropriate place, insert the following:

     SEC. __. REIMBURSEMENT OF AUTOMOBILE DISTRIBUTORS.

       (a) In General.--Notwithstanding any other provision of 
     law, any funds provided by the United States Government, or 
     any agency, department, or subdivision thereof, to an 
     automobile manufacturer or a distributor thereof as credit, 
     loans, financing, advances, or by any other agreement in 
     connection with such automobile manufacturer's or 
     distributor's proceeding as a debtor under title 11, United 
     States Code, shall be conditioned upon use of such funds to 
     fully reimburse all dealers of such automobile manufacturer 
     or manufacturer's distributor for--
       (1) the cost incurred by such dealers during the 9-month 
     period preceding the date on which the proceeding under title 
     11, United States Code, by or against the automobile 
     manufacturer or manufacturer's distributor is commenced, in 
     acquisition of all parts and inventory in the dealer's 
     possession on the same basis as if the dealers were 
     terminating pursuant to existing franchise agreements or 
     dealer agreements; and
       (2) all other obligations owed by such automobile 
     manufacturer or manufacturer's distributor under any other 
     agreement between the dealers and the automobile manufacturer 
     or manufacturer's distributor arising during that 9-month 
     period, including, without limitation, franchise agreement or 
     dealer agreements.
       (b) Inclusion in Terms.--Any note, security agreement, loan 
     agreement, or other agreement between an automobile 
     manufacturer or manufacturer's distributor and the Government 
     (or any agency, department, or subdivision thereof) shall 
     expressly provide for the use of such funds as required by 
     this section. A bankruptcy court may not authorize the 
     automobile manufacturer or manufacturer's distributor to 
     obtain credit under section 364 of title 11, United States 
     Code, unless the credit agreement or agreements expressly 
     provided for the use of funds as required by this section.
       (c) Effectiveness of Rejection.--Notwithstanding any other 
     provision of law, any rejection by an automobile manufacturer 
     or manufacturer's distributor that is a debtor in a 
     proceeding under title 11, United States Code, of a franchise 
     agreement or dealer agreement pursuant to section 365 of that 
     title, shall not be effective until at least 180 days after 
     the date on which such rejection is otherwise approved by a 
     bankruptcy court.
                                 ______
                                 
  SA 1307. Mr. SESSIONS 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. EXTENSION OF PILOT PROGRAMS FOR EMPLOYMENT 
                   ELIGIBILITY CONFIRMATION FOR ALIENS.

       Subsection (b) of section 401 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-208; 8 U.S.C. 1324a note) is amended by 
     striking ``11-year'' and inserting ``17-year''.
                                 ______
                                 
  SA 1308. Mr. SESSIONS 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. EMPLOYMENT ELIGIBILITY CONFIRMATION FOR ALIENS..

       (a) Short Title.--This section may be cited as the 
     ``Protecting American Workers Act of 2009''.
       (b) Pilot Programs for Employment Eligibility 
     Confirmation.--Subsection (b) of section 401 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note) is 
     amended by striking ``Unless'' and all that follows.
       (c) Restriction on Use of Funds.--None of the funds made 
     available in the Emergency Economic Stabilization Act of 2008 
     (division A of Public Law 110-343; 122 Stat. 3765) or the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 115) may be used to enter into a contract 
     with a person that does not participate in the pilot program 
     described in section 404 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note).
       (d) Required Participation by United States Contractors.--
     The head of each agency or department of the United States 
     that enters into a contract shall require, as a condition of 
     the contract, that the contractor participate in the pilot 
     program described in 404 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-209; 8 U.S.C. 1324a note) to verify the 
     employment eligibility of--
       (1) all individuals hired during the term of the contract 
     by the contractor to perform employment duties within the 
     United States; and
       (2) all individuals assigned by the contractor to perform 
     work within the United States the under such contract.
       (e) Redesignation of Basic Pilot Program.--
       (1) Redesignation.--
       (A) In general.--Sections 401(c)(1), 403(a), 403(b)(1), 
     403(c)(1), and 405(b)(2) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note) are amended by 
     striking ``basic pilot program'' each place that term appears 
     and inserting ``E-Verify Program''.
       (B) Technical amendment.--Subsection (a) of section 403 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a 
     note) is amended in the heading by striking ``Basic Pilot'' 
     and inserting ``E-Verify''.
       (2) Conforming amendment.--Paragraph (1) of section 404(h) 
     of the Illegal Immigration Reform and Immigration 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) is amended by striking ``under a pilot 
     program'' and inserting ``under this subtitle''.
       (f) Checking the Immigration Status of Employees.--
     Subparagraph (A) of section 403(a)(3) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note) is 
     amended--
       (1) by striking ``The person'' and inserting the following:
       ``(i) Upon hiring.--The person''; and
       (2) by adding at the end the following:
       ``(ii) Existing employees.--An employer that elects to 
     verify the employment eligibility of existing employees shall 
     verify the employment eligibility of all such employees not 
     later than 10 days after notifying the Secretary of Homeland 
     Security of such election.
       ``(iii) Required participation.--The Secretary of Homeland 
     Security may require

[[Page 15230]]

     any employer or class of employers to participate in the E-
     Verify Program with respect to individuals employed as of, or 
     hired after, the date of the enactment of the Protecting 
     American Workers Act of 2009 if the Secretary has reasonable 
     cause to believe that the employer has engaged in material 
     violations of section 274A of the Immigration and Nationality 
     Act (8 U.S.C. 1324a).''.
       (g) Reverification.--Subsection (a) of section 403 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-08; 8 U.S.C. 1324a 
     note) is amended by adding at the end the following:
       ``(5) Reverification.--Each employer participating in the 
     E-Verify Program shall use the confirmation system to 
     reverify the work authorization of any individual not later 
     than 3 days after the date on which such individual's 
     employment authorization is scheduled to expire, as indicated 
     by the documents that the individual provided to the employer 
     pursuant to section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)), in accordance with the 
     procedures otherwise applicable to the verification of a 
     newly hired employee under this subsection.''.
                                 ______
                                 
  SA 1309. 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 19, strike line 13 and all that follows through 
     page 25, line 10, and insert the following:

     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 credited 
     to the Travel Promotion Fund established under section 4 of 
     the Travel Promotion Act of 2009, and any additional amounts 
     shall be used by the Secretary for travel security programs 
     authorized under section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187), including the Electronic 
     System for Travel Authorization (ESTA) and the United States 
     Visitor and Immigrant Status Indicator Technology (US-VISIT). 
     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.''.
       (b) Strategic Plan.--
       (1) In general.--Section 217(h)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(h)(3)) is amended by adding at 
     the end the following:
       ``(E) Strategic plan.--
       ``(i) Submission.--Not later than 180 days after the date 
     of the enactment of the Travel Promotion Act of 2009, the 
     Secretary of Homeland Security shall prepare and submit a 
     strategic plan to the recipients listed under clause (ii) 
     that describes how the full implementation of the System will 
     ensure that all individuals traveling by airplane to the 
     United States from a program country have their travel 
     authorization verified before boarding the airplane.
       ``(ii) Recipients.--The strategic plan prepared under 
     clause (i) shall be submitted to--

       ``(I) the Committee on Appropriations of the Senate;
       ``(II) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(III) the Committee on the Judiciary of the Senate
       ``(IV) the Committee on Appropriations of the House of 
     Representatives;
       ``(V) the Committee on Homeland Security of the House of 
     Representatives;
       ``(VI) the Committee on the Judiciary of the House of 
     Representatives; and
       ``(VII) the Comptroller General of the United States.

       ``(iii) Milestones.--The strategic plan prepared under 
     clause (i) shall include a detailed timeline that describes 
     the specific actions that will be taken to achieve the 
     following milestones:

       ``(I) Enrollment of all travelers from program countries 
     into the System.
       ``(II) Incorporation of the airlines into the System.
       ``(III) Deployment of the technology of the System in all 
     airports located in program countries, either through the use 
     of standalone kiosks or through the participation of the 
     airlines.
       ``(IV) Verification of travel authorizations of all aliens 
     described in subsection (a) before they board an airplane 
     bound for the United States.
       ``(V) Administration of the System solely with fees 
     collected under subparagraph (B)(i)(II).

       ``(iv) Communications strategy.--The strategic plan 
     prepared under clause (i) shall include--

       ``(I) an analysis of the System's communications strategy; 
     and
       ``(II) recommendation for improving the communications 
     strategy to ensure that all travelers to the United States 
     from program countries are informed of the requirements under 
     this section.''.

       (2) GAO review.--Not later than 90 days after receiving a 
     copy of the strategic plan under section 217(h)(3)(E) of the 
     Immigration and Nationality Act, as added by paragraph (1), 
     the Comptroller General shall complete a review of the plan 
     to determine whether the plan addresses the main security 
     risks associated with the Electronic System for Travel 
     Authorization in an efficient, cost effective, and timely 
     manner.
       (c) Funding Limitation.--None of the amounts made available 
     to the Secretary of Homeland Security under section 
     217(h)(3)(B)(i)(II) of the Immigration and Nationality Act, 
     as added by subsection (a), to carry out the Electronic 
     System for Travel Authorization authorized under section 
     217(h)(3) of such Act may be expended until the Secretary 
     submits the strategic plan required by section 217(h)(3)(E) 
     of such Act.

     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--

[[Page 15231]]

       ``(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 1310. 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 20, strike line 3 and all that follows through page 
     25, line 10, and insert the following:
       ``(ii) Disposition of amounts collected.--From the amounts 
     collected under clause (i)(I), $100,000,000 shall be credited 
     to the Travel Promotion Fund established under section 4 of 
     the Travel Promotion Act of 2009, and any additional amounts 
     shall be used by the Secretary for travel security programs 
     authorized under section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187), including the Electronic 
     System for Travel Authorization (ESTA) and the United States 
     Visitor and Immigrant Status Indicator Technology (US-VISIT). 
     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 Representatives, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Foreign Affairs

[[Page 15232]]

     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 1311. 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, between lines 10 and 11, 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.
                                 ______
                                 
  SA 1312. Mr. SANDERS (for himself, Mrs. Gillibrand, and Mr. Casey) 
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:

       Beginning on page 2, strike line 20, and all that follows 
     through page 3, line 7, and insert the following:
       (1) In general.--The Corporation shall have a board of 
     directors of 12 members with knowledge of international 
     travel promotion and marketing, broadly representing various 
     regions of the United States, who are United States citizens. 
     Members of the board shall be appointed by the Secretary of 
     Commerce (after consultation with the Secretary of Homeland 
     Security and the Secretary of State), as follows:
       (A) 1 shall have appropriate expertise and experience in 
     the agritourism sector;
                                 ______
                                 
  SA 1313. Mr. ALEXANDER (for himself, Mr. Bennett, Mr. Vitter, Mr. 
Cornyn, Mr. Isakson, Mr. Roberts, Mr. Kyl, and Mr. Burr) 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 appropriate place, insert the following:

     SEC. __. RESTRICTIONS ON TARP EXPENDITURES FOR AUTOMOBILE 
                   MANUFACTURERS; FIDUCIARY DUTY TO TAXPAYERS; 
                   REQUIRED ISSUANCE OF COMMON STOCK TO TAXPAYERS.

       (a) Short Title.--This section may be cited as the ``Auto 
     Stock for Every Taxpayer Act''.
       (b) Prohibition on Further TARP Funds.--Notwithstanding any 
     provision of the Emergency Economic Stabilization Act of 2008 
     (Public Law 110-343), or any other provision of law, the 
     Secretary may not expend or obligate any funds made available 
     under that Act on or after the date of enactment of this Act 
     with respect to any designated automobile manufacturer.
       (c) Fiduciary Duty to Shareholders.--With respect to any 
     designated automobile manufacturer, the Secretary, and the 
     designee of the Secretary who is responsible for the exercise 
     of shareholder voting rights with respect to a designated 
     automobile manufacturer pursuant to assistance provided under 
     the Emergency Economic Stabilization Act of 2008, shall have 
     a fiduciary duty to the American taxpayer for the 
     maximization of the return on the investment of the taxpayer 
     under that Act, in the same manner, and to the same extent 
     that any director of an issuer of securities has with respect 
     to its shareholders under the securities laws and all 
     applicable provisions of State law.
       (d) Required Issuance of Common Stock to Eligible 
     Taxpayers.--Not later than 1 year after the emergence of any 
     designated automobile manufacturer from bankruptcy protection 
     described in subsection (f)(1)(B), the Secretary shall direct 
     the designated automobile manufacturer to issue through the 
     Secretary a certificate of common stock to each eligible 
     taxpayer, which shall represent such taxpayer's per capita 
     share of the aggregate common stock holdings of the United 
     States Government in the designated automobile manufacturer 
     on such date.
       (e) Civil Actions Authorized.--A person who is aggrieved of 
     a violation of the fiduciary duty established under 
     subsection (c) may bring a civil action in an appropriate 
     United States district court to obtain injunctive or other 
     equitable relief relating to the violation.
       (f) Definitions.--As used in this section--
       (1) the term ``designated automobile manufacturer'' means 
     an entity organized under the laws of a State, the primary 
     business of which is the manufacture of automobiles, and any 
     affiliate thereof, if such automobile manufacturer--
       (A) has received funds under the Emergency Economic 
     Stabilization Act of 2008 (Public Law 110-343), or funds were 
     obligated under that Act, before the date of enactment of 
     this Act; and
       (B) has filed for bankruptcy protection under chapter 11 of 
     title 11, United States Code, during the 90-day period 
     preceding the date of enactment of this Act;
       (2) the term ``eligible taxpayer'' means any individual 
     taxpayer who filed a Federal taxable return for taxable year 
     2008 (including any joint return) not later than the due date 
     for such return (including any extension);
       (3) the term ``Secretary'' means the Secretary of the 
     Treasury or the designee of the Secretary; and
       (4) the terms ``director'', ``issuer'', ``securities'', and 
     ``securities laws'' have the same meanings as in section 3 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c).
                                 ______
                                 
  SA 1314. Mr. FEINGOLD 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:

               TITLE I--COMMISSIONS ON WARTIME TREATMENT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Wartime Treatment Study 
     Act''.

     SEC. 102. FINDINGS.

       Congress makes the following findings:
       (1) During World War II, the United States Government 
     deemed as ``enemy aliens'' more than 600,000 Italian-born and 
     300,000 German-born United States resident aliens and their 
     families, requiring them to carry Certificates of 
     Identification and limiting their travel and personal 
     property rights. At that time, these groups were the two 
     largest foreign-born groups in the United States.
       (2) During World War II, the United States Government 
     arrested, interned, or otherwise detained thousands of 
     European Americans, some remaining in custody for years after 
     cessation of World War II hostilities, and repatriated, 
     exchanged, or deported European Americans, including 
     American-born children, to European Axis nations, many to be 
     exchanged for Americans held in those nations.
       (3) Pursuant to a policy coordinated by the United States 
     with Latin American nations, thousands of European Latin 
     Americans, including German and Austrian Jews, were arrested, 
     relocated to the United States, and interned. Many were later 
     repatriated or deported to European Axis nations during World 
     War II and exchanged for Americans and Latin Americans held 
     in those nations.
       (4) Millions of European Americans served in the Armed 
     Forces and thousands sacrificed their lives in defense of the 
     United States.
       (5) The wartime policies of the United States Government 
     were devastating to the German American and Italian American 
     communities, individuals, and their families. The detrimental 
     effects are still being experienced.
       (6) Prior to and during World War II, the United States 
     restricted the entry of Jewish refugees who were fleeing 
     persecution or genocide and sought safety in the United 
     States. During the 1930s and 1940s, the quota system, 
     immigration regulations, visa requirements, and the time 
     required to process

[[Page 15233]]

     visa applications affected the number of Jewish refugees, 
     particularly those from Germany and Austria, who could gain 
     admittance to the United States.
       (7) The United States Government should conduct an 
     independent review to fully assess and acknowledge these 
     actions. Congress has previously reviewed the United States 
     Government's wartime treatment of Japanese Americans through 
     the Commission on Wartime Relocation and Internment of 
     Civilians. An independent review of the treatment of German 
     Americans and Italian Americans and of Jewish refugees 
     fleeing persecution and genocide has not yet been undertaken.
       (8) Time is of the essence for the establishment of 
     commissions, because of the increasing danger of destruction 
     and loss of relevant documents, the advanced age of potential 
     witnesses and, most importantly, the advanced age of those 
     affected by the United States Government's policies. Many who 
     suffered have already passed away and will never know of this 
     effort.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) During world war ii.--The term ``during World War II'' 
     refers to the period between September 1, 1939, through 
     December 31, 1948.
       (2) European americans.--
       (A) In general.--The term ``European Americans'' refers to 
     United States citizens and resident aliens of European 
     ancestry, including Italian Americans, German Americans, 
     Hungarian Americans, Romanian Americans, and Bulgarian 
     Americans.
       (B) German americans.--The term ``German Americans'' refers 
     to United States citizens and resident aliens of German 
     ancestry.
       (C) Italian americans.--The term ``Italian Americans'' 
     refers to United States citizens and resident aliens of 
     Italian ancestry.
       (3) European latin americans.--The term ``European Latin 
     Americans'' refers to persons of European ancestry, including 
     German or Italian ancestry, residing in a Latin American 
     nation during World War II.
       (4) Latin american nation.--The term ``Latin American 
     nation'' refers to any nation in Central America, South 
     America, or the Caribbean.

   Subtitle A--Commission on Wartime Treatment of European Americans

     SEC. 111. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF 
                   EUROPEAN AMERICANS.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of European Americans (referred to in this 
     subtitle as the ``European American Commission'').
       (b) Membership.--The European American Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the European American Commission. A vacancy in the 
     European American Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.
       (d) Representation.--The European American Commission shall 
     include 2 members representing the interests of Italian 
     Americans and two members representing the interests of 
     German Americans.
       (e) Meetings.--The President shall call the first meeting 
     of the European American Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the European American 
     Commission shall constitute a quorum, but a lesser number may 
     hold hearings.
       (g) Chairman.--The European American Commission shall elect 
     a Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the European 
     American Commission.
       (h) Compensation.--
       (1) In general.--Members of the European American 
     Commission shall serve without pay.
       (2) Reimbursement of expenses.--All members of the European 
     American Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 112. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--It shall be the duty of the European 
     American Commission to review the United States Government's 
     wartime treatment of European Americans and European Latin 
     Americans as provided in subsection (b).
       (b) Scope of Review.--The European American Commission's 
     review shall include the following:
       (1) A comprehensive review of the facts and circumstances 
     surrounding United States Government action during World War 
     II with respect to European Americans and European Latin 
     Americans pursuant to United States laws and directives, 
     including the Alien Enemies Acts (50 U.S.C. 21 et seq.), 
     Presidential Proclamations 2526, 2527, 2655, 2662, and 2685, 
     Executive Orders 9066 and 9095, and any directive of the 
     United States Government pursuant to these and other 
     pertinent laws, proclamations, or executive orders, including 
     registration requirements, travel and property restrictions, 
     establishment of restricted areas, raids, arrests, 
     internment, exclusion, policies relating to the families and 
     property that excludees and internees were forced to abandon, 
     internee employment by American companies (including a list 
     of such companies and the terms and type of employment), 
     exchange, repatriation, and deportation, and the immediate 
     and long-term effect of such actions, particularly 
     internment, on the lives of those affected. This review shall 
     also include a list of--
       (A) all temporary detention and long-term internment 
     facilities in the United States and Latin American nations 
     that were used to detain or intern European Americans and 
     European Latin Americans during World War II (in this 
     paragraph referred to as ``World War II detention 
     facilities'');
       (B) the names of European Americans and European Latin 
     Americans who died while in World War II detention facilities 
     and where they were buried;
       (C) the names of children of European Americans and 
     European Latin Americans who were born in World War II 
     detention facilities and where they were born; and
       (D) the nations from which European Latin Americans were 
     brought to the United States, the ships that transported them 
     to the United States and their departure and disembarkation 
     ports, the locations where European Americans and European 
     Latin Americans were exchanged for persons held in European 
     Axis nations, and the ships that transported them to Europe 
     and their departure and disembarkation ports.
       (2) An assessment of the underlying rationale of the 
     decision of the United States Government to develop the 
     programs and policies described in paragraph (1), the 
     information the United States Government received or acquired 
     suggesting these programs and policies were necessary, the 
     perceived benefit of enacting such programs and policies, and 
     the immediate and long-term impact of such programs and 
     policies on European Americans and European Latin Americans 
     and their communities.
       (3) A brief review of the participation by European 
     Americans in the United States Armed Forces, including the 
     participation of European Americans whose families were 
     excluded, interned, repatriated, or exchanged.
       (4) A recommendation of appropriate remedies, including 
     public education programs and the creation of a comprehensive 
     online database by the National Archives and Records 
     Administration of documents related to the United States 
     Government's wartime treatment of European Americans and 
     European Latin Americans during World War II.
       (c) Field Hearings.--The European American Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The European American Commission shall submit 
     a written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 111(e).

     SEC. 113. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--The European American Commission or, on 
     the authorization of the Commission, any subcommittee or 
     member thereof, may, for the purpose of carrying out the 
     provisions of this subtitle, hold such hearings and sit and 
     act at such times and places, and request the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memorandum, papers, and documents as 
     the Commission or such subcommittee or member may deem 
     advisable. The European American Commission may request the 
     Attorney General to invoke the aid of an appropriate United 
     States district court to require, by subpoena or otherwise, 
     such attendance, testimony, or production.
       (b) Government Information and Cooperation.--The European 
     American Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the European American Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the European American Commission and 
     furnish all information requested by the European American 
     Commission to the extent permitted by law, including 
     information collected under the Commission on Wartime and 
     Internment of Civilians Act (Public Law 96-317; 50 U.S.C. 
     App. 1981 note) and the Wartime Violation of Italian 
     Americans Civil Liberties Act (Public Law 106-451; 50 U.S.C. 
     App. 1981 note). For purposes of section 552a(b)(9) of title 
     5, United States Code (commonly known as the ``Privacy Act of 
     1974''), the European American Commission shall be deemed to 
     be a committee of jurisdiction.

[[Page 15234]]



     SEC. 114. ADMINISTRATIVE PROVISIONS.

       The European American Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $600,000 to carry 
     out this subtitle.

     SEC. 116. SUNSET.

       The European American Commission shall terminate 60 days 
     after it submits its report to Congress.

     Subtitle B--Commission on Wartime Treatment of Jewish Refugees

     SEC. 121. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF 
                   JEWISH REFUGEES.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of Jewish Refugees (referred to in this 
     subtitle as the ``Jewish Refugee Commission'').
       (b) Membership.--The Jewish Refugee Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the Jewish Refugee Commission. A vacancy in the 
     Jewish Refugee Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.
       (d) Representation.--The Jewish Refugee Commission shall 
     include two members representing the interests of Jewish 
     refugees.
       (e) Meetings.--The President shall call the first meeting 
     of the Jewish Refugee Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the Jewish Refugee Commission 
     shall constitute a quorum, but a lesser number may hold 
     hearings.
       (g) Chairman.--The Jewish Refugee Commission shall elect a 
     Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the Jewish Refugee 
     Commission.
       (h) Compensation.--
       (1) In general.--Members of the Jewish Refugee Commission 
     shall serve without pay.
       (2) Reimbursement of expenses.--All members of the Jewish 
     Refugee Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 122. DUTIES OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--It shall be the duty of the Jewish Refugee 
     Commission to review the United States Government's refusal 
     to allow Jewish and other refugees fleeing persecution or 
     genocide in Europe entry to the United States as provided in 
     subsection (b).
       (b) Scope of Review.--The Jewish Refugee Commission's 
     review shall cover the period between January 1, 1933, 
     through December 31, 1945, and shall include, to the greatest 
     extent practicable, the following:
       (1) A review of the United States Government's decision to 
     deny Jewish and other refugees fleeing persecution or 
     genocide entry to the United States, including a review of 
     the underlying rationale of the United States Government's 
     decision to refuse the Jewish and other refugees entry, the 
     information the United States Government received or acquired 
     suggesting such refusal was necessary, the perceived benefit 
     of such refusal, and the impact of such refusal on the 
     refugees.
       (2) A review of Federal refugee law and policy relating to 
     those fleeing persecution or genocide, including 
     recommendations for making it easier in the future for 
     victims of persecution or genocide to obtain refuge in the 
     United States.
       (c) Field Hearings.--The Jewish Refugee Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The Jewish Refugee Commission shall submit a 
     written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 121(e).

     SEC. 123. POWERS OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--The Jewish Refugee Commission or, on the 
     authorization of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out the provisions 
     of this subtitle, hold such hearings and sit and act at such 
     times and places, and request the attendance and testimony of 
     such witnesses and the production of such books, records, 
     correspondence, memorandum, papers, and documents as the 
     Commission or such subcommittee or member may deem advisable. 
     The Jewish Refugee Commission may request the Attorney 
     General to invoke the aid of an appropriate United States 
     district court to require, by subpoena or otherwise, such 
     attendance, testimony, or production.
       (b) Government Information and Cooperation.--The Jewish 
     Refugee Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the Jewish Refugee Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the Jewish Refugee Commission and 
     furnish all information requested by the Jewish Refugee 
     Commission to the extent permitted by law. For purposes of 
     section 552a(b)(9) of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974''), the Jewish Refugee 
     Commission shall be deemed to be a committee of jurisdiction.

     SEC. 124. ADMINISTRATIVE PROVISIONS.

       The Jewish Refugee Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $600,000 to carry 
     out this subtitle.

     SEC. 126. SUNSET.

       The Jewish Refugee Commission shall terminate 60 days after 
     it submits its report to Congress.

                       Subtitle C--Funding Source

     SEC. 131. FUNDING SOURCE.

       Of the funds made available for the Department of Justice 
     by the Consolidated Security, Disaster Assistance, and 
     Continuing Appropriations Act, 2009 (Public Law 110-329), 
     $1,200,000 is hereby rescinded.
                                 ______
                                 
  SA 1315. Mr. LIEBERMAN (for himself and Mr. Graham) 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

[[Page 15235]]

scholarly travel to the United States; which was ordered to lie on the 
table; as follows:

       On page 26, after line 20, add the following:

     SEC. 9. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION.

       (a) Short Title.--This section may be cited as the 
     ``Detainee Photographic Records Protection Act of 2009''.
       (b) Definitions.--In this section:
       (1) Covered record.--The term ``covered record'' means any 
     record--
       (A) that is a photograph that--
       (i) was taken during the period beginning on September 11, 
     2001, through January 22, 2009; and
       (ii) relates to the treatment of individuals engaged, 
     captured, or detained after September 11, 2001, by the Armed 
     Forces of the United States in operations outside of the 
     United States; and
       (B) for which a certification by the Secretary of Defense 
     under subsection (c) is in effect.
       (2) Photograph.--The term ``photograph'' encompasses all 
     photographic images, whether originals or copies, including 
     still photographs, negatives, digital images, films, video 
     tapes, and motion pictures.
       (c) Certification.--
       (1) In general.--For any photograph described under 
     subsection (b)(1)(A), the Secretary of Defense shall submit a 
     certification to the President, if the Secretary of Defense, 
     in consultation with the Chairman of the Joint Chiefs of 
     Staff, determines that the disclosure of that photograph 
     would endanger--
       (A) citizens of the United States; or
       (B) members of the Armed Forces or employees of the United 
     States Government deployed outside the United States.
       (2) Certification expiration.--A certification submitted 
     under paragraph (1) and a renewal of a certification 
     submitted under paragraph (3) shall expire 3 years after the 
     date on which the certification or renewal, as the case may 
     be, is submitted to the President.
       (3) Certification renewal.--The Secretary of Defense may 
     submit to the President--
       (A) a renewal of a certification in accordance with 
     paragraph (1) at any time; and
       (B) more than 1 renewal of a certification.
       (4) Notice to congress.--A timely notice of the Secretary's 
     certification shall be submitted to Congress.
       (d) Nondisclosure of Detainee Records.--A covered record 
     shall not be subject to--
       (1) disclosure under section 552 of title 5, United States 
     Code (commonly referred to as the Freedom of Information 
     Act); or
       (2) disclosure under any proceeding under that section.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to preclude the voluntary disclosure of a covered 
     record.
       (f) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and apply to any photograph 
     created before, on, or after that date that is a covered 
     record.
                                 ______
                                 
  SA 1316. 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 appropriate place, insert the following:

     SEC. __. REPEAL OF AUTHORITY TO EXTEND THE TROUBLED ASSET 
                   RELIEF PROGRAM.

       Section 120 of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5230) is amended--
       (1) by striking subsection (b); and
       (2) by striking ``(a) Termination.--''.
                                 ______
                                 
  SA 1317. Mr. VITTER 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. TERMINATION OF TARP.

       Section 120(b) of the Emergency Economic Stabilization Act 
     of 2008 (12 U.S.C. 5230(b)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (2) by inserting before the first period the following: ``, 
     unless there is enacted by Congress, not later than 15 days 
     after the date of receipt of such certification, a joint 
     resolution of disapproval, as described in paragraph (2)''; 
     and
       (3) by adding at the end the following:
       ``(2) Joint resolution.--For purposed of this subsection, 
     the term `joint resolution' means only a joint resolution--
       ``(A) that is introduced not later than 3 calendar days 
     after the date on which the certification of the Secretary 
     referred to in paragraph (1) is received by Congress;
       ``(B) which does not have a preamble;
       ``(C) the title of which is as follows: `Joint resolution 
     relating to the disapproval of the extension of authority 
     under the Emergency Economic Stabilization Act of 2008'; and
       ``(D) the matter after the resolving clause of which is as 
     follows: `That Congress disapproves of the extension of the 
     authorities described in section 120(a) of the Emergency 
     Economic Stabilization Act of 2008.'.
       ``(3) Fast track.--The provisions of subsections (d) 
     through (f) of section 115 shall apply to a resolution of 
     disapproval for purposes of this of subsection.''.
                                 ______
                                 
  SA 1318. Mr. VITTER 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. ___. TERMINATION OF TARP.

       Section 120 of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5230) is amended--
       (1) by striking subsection (b); and
       (2) by striking ``(a) Termination.--''.
                                 ______
                                 
  SA 1319. Mr. VOINOVICH (for himself, Ms. Klobuchar, Mr. Tester, Ms. 
Collins, Mr. Bingaman, and Ms. Murkowski) 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. PASSPORT CARD TRAVEL ENHANCEMENT.

       (a) Passport Card Defined.--In this section, the term 
     ``passport card'' means the document--
       (1) known as a passport card that is issued to a national 
     of the United States on the same basis as a regular passport; 
     and
       (2) that the Secretary of State began issuing during 2008.
       (b) Passport Cards for Air Travel.--
       (1) Requirement to accept passport cards for air travel.--
     Notwithstanding any regulation issued by the Secretary of 
     Homeland Security or the Secretary of State, the Secretary of 
     Homeland Security and the Secretary of State shall permit a 
     passport card issued to a national of the United States to 
     serve as proof of identify and citizenship of such national 
     if such national is departing from or entering the United 
     States through an air port of entry for travel that 
     terminates or originates in--
       (A) Bermuda;
       (B) Canada;
       (C) a foreign country located in the Caribbean; or
       (D) Mexico.
       (2) Fees for passport cards.--Neither the Secretary of 
     State or the Secretary of Homeland Security may increase, or 
     propose an increase to, the fee for issuance of a passport 
     card as a result of the requirements of paragraph (1).
       (3) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Secretary of Homeland shall issue final regulations to 
     implement this section.
                                 ______
                                 
  SA 1320. Mr. CARDIN 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 3, strike lines 12 through 14 and insert the 
     following:
       (C) 1 shall have appropriate expertise and experience--
       (i) with small business concerns (as that term is used in 
     section 3 of the Small Business Act (15 U.S.C. 632)) or 
     associations that represent small business concerns; and
       (ii) in the retail sector or in associations representing 
     that sector;

                          ____________________