[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Pages 15376-15379]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      TRAVEL PROMOTION ACT OF 2009

  Mr. REID. Mr. President, it is my understanding there is a bill to be 
reported, Mr. President.
  The PRESIDING OFFICER. That is correct.
  All postcloture time on the motion to proceed having expired, the 
question is on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A 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. Thereupon, the Senate proceeded to consider the bill, 
     which had been reported from the Committee on Commerce, 
     Science, and Transportation, with amendments, as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets, and the parts of the bill intended to be inserted are shown 
in italics.)
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Travel 
     Promotion Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel promotion fund fees.
Sec. 6. Assessment authority.
Sec. 7. Office of Travel Promotion.
Sec. 8. Research program.

     SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.

       (a) Establishment.--The Corporation for Travel Promotion is 
     established as a nonprofit corporation. The Corporation shall 
     not be an agency or establishment of the United States 
     Government. The Corporation shall be subject to the 
     provisions of the District of Columbia Nonprofit Corporation 
     Act (D.C. Code, section 29-1001 et seq.), to the extent that 
     such provisions are consistent with this section, and shall 
     have the powers conferred upon a nonprofit corporation by 
     that Act to carry out its purposes and activities.
       (b) Board of Directors.--
       (1) In general.--The Corporation shall have a board of 
     directors of 11 members with knowledge of international 
     travel promotion and marketing, broadly representing various 
     regions of the United States, who are United States citizens. 
     Members of the board shall be appointed by the Secretary of 
     Commerce (after consultation with the Secretary of Homeland 
     Security and the Secretary of State), as follows:
       (A) 1 shall have appropriate expertise and experience in 
     the hotel accommodations sector;
       (B) 1 shall have appropriate expertise and experience in 
     the restaurant sector;
       (C) 1 shall have appropriate expertise and experience in 
     the small business or retail sector or in associations 
     representing that sector;
       (D) 1 shall have appropriate expertise and experience in 
     the [advertising] travel distribution services sector;
       (E) 1 shall have appropriate expertise and experience in 
     the attractions or recreations sector;
       (F) 1 shall have appropriate expertise and experience as 
     officials of a city convention and visitors' bureau;
       (G) 2 shall have appropriate expertise and experience as 
     officials of a State tourism office;
       (H) 1 shall have appropriate expertise and experience in 
     the passenger air sector;
       (I) 1 shall have appropriate expertise and experience in 
     immigration law and policy, including visa requirements and 
     United States entry procedures; and
       (J) 1 shall have appropriate expertise in the intercity 
     passenger railroad business.
       (2) Incorporation.--The members of the initial board of 
     directors shall serve as incorporators and shall take 
     whatever actions are necessary to establish the Corporation 
     under the District of Columbia Nonprofit Corporation Act 
     (D.C. Code, section [29-1001] 29-301.01 et seq.).
       (3) Term of office.--The term of office of each member of 
     the board appointed by the Secretary shall be 3 years, except 
     that, of the members first appointed--
       (A) 3 shall be appointed for terms of 1 year;
       (B) 4 shall be appointed for terms of 2 years; and
       (C) 4 shall be appointed for terms of 3 years.
       (4) Removal for cause.--The Secretary of Commerce may 
     remove any member of the board for good cause.
       (5) Vacancies.--Any vacancy in the board shall not affect 
     its power, but shall be filled in the manner required by this 
     section. Any member whose term has expired may serve until 
     the member's successor has taken office, or until the end of 
     the calendar year in which the member's term has expired, 
     whichever is earlier. Any member appointed to fill a vacancy 
     occurring prior to the expiration of the term for which that 
     member's predecessor was appointed shall be appointed for the 
     remainder of the predecessor's term. No member of the board 
     shall be eligible to serve more than 2 consecutive full 3-
     year terms.
       (6) Election of chairman and vice chairman.--Members of the 
     board shall annually elect one of the members to be Chairman 
     and elect 1 or 2 of the members as Vice Chairman or Vice 
     Chairmen.
       (7) Status as federal employees.--Notwithstanding any 
     provision of law to the contrary, no member of the board may 
     be considered to be a Federal employee of the United States 
     by virtue of his or her service as a member of the board.
       (8) Compensation; expenses.--No member shall receive any 
     compensation from the Federal government for serving on the 
     Board. Each member of the Board shall be paid actual travel 
     expenses and per diem in lieu of subsistence expenses when 
     away from his or her usual place of residence, in accordance 
     with section 5703 of title 5, United States Code.
       (c) Officers and Employees.--
       (1) In general.--The Corporation shall have [ a President], 
     an executive director and such other officers as may be named 
     and appointed by the board for terms and at rates of 
     compensation fixed by the board. No individual other than a 
     citizen of the United States may be an officer of the 
     Corporation. The Corporation may hire and fix the 
     compensation of such employees as may be necessary to carry 
     out its purposes. No officer or employee of the Corporation 
     may receive any salary or other compensation (except for 
     compensation for services on boards of directors of other 
     organizations that do not receive funds from the Corporation, 
     on committees of such boards, and in similar activities for 
     such organizations) from any sources other than the 
     Corporation for services rendered during the period of his or 
     her employment by the Corporation. Service by any officer on 
     boards of directors of other organizations, on committees of 
     such boards, and in similar activities for such organizations 
     shall be subject to annual advance approval by the board and 
     subject to the provisions of the Corporation's Statement of 
     Ethical Conduct. All officers and employees shall serve at 
     the pleasure of the board.
       (2) Nonpolitical nature of appointment.--No political test 
     or qualification shall be used in selecting, appointing, 
     promoting, or taking other personnel actions with respect to 
     officers, agents, or employees of the Corporation.
       (d) Nonprofit and Nonpolitical Nature of Corporation.--
       (1) Stock.--The Corporation shall have no power to issue 
     any shares of stock, or to declare or pay any dividends.
       (2) Profit.--No part of the income or assets of the 
     Corporation shall inure to the benefit of any director, 
     officer, employee, or any other individual except as salary 
     or reasonable compensation for services.
       (3) Politics.--The Corporation may not contribute to or 
     otherwise support any political party or candidate for 
     elective public office.
       (4) Sense of congress regarding lobbying activities.--It is 
     the sense of Congress that the Corporation should not engage 
     in lobbying activities (as defined in section 3(7) of the 
     Lobbying Disclosure Act of 1995 (5 U.S.C. 1602(7)).
       (e) Duties and Powers.--
       (1) In general.--The Corporation shall develop and execute 
     a plan--
       (A) to provide useful information to foreign tourists, 
     business people, students, scholars, scientists, and others 
     interested in travelling to the United States, including the 
     distribution of material provided by the Federal government 
     concerning entry requirements, required documentation, fees, 
     processes, and information concerning declared public health 
     emergencies, to prospective travelers, travel agents, tour 
     operators, meeting planners, foreign governments, travel 
     media and other international stakeholders;

[[Page 15377]]

       (B) to identify, counter, and correct misperceptions 
     regarding United States entry policies around the world;
       (C) to maximize the economic and diplomatic benefits of 
     travel to the United States by promoting the United States of 
     America to world travelers through the use of, but not 
     limited to, all forms of advertising, outreach to trade 
     shows, and other appropriate promotional activities;
       (D) to ensure that international travel benefits all States 
     and the District of Columbia and to identify opportunities 
     and strategies to promote tourism to rural and urban areas 
     equally, including areas not traditionally visited by 
     international travelers; and
       (E) to give priority to the Corporation's efforts with 
     respect to countries and populations most likely to travel to 
     the United States.
       (2) Specific powers.--In order to carry out the purposes of 
     this section, the Corporation may--
       (A) obtain grants from and make contracts with individuals 
     and private companies, State, and Federal agencies, 
     organizations, and institutions;
       (B) hire or accept the voluntary services of consultants, 
     experts, advisory boards, and panels to aid the Corporation 
     in carrying out its purposes; and
       (C) take such other actions as may be necessary to 
     accomplish the purposes set forth in this section.
       (3) Public outreach and information.--The Corporation shall 
     develop and maintain a publicly accessible website.
       (f) Open Meetings.--Meetings of the board of directors of 
     the Corporation, including any committee of the board, shall 
     be open to the public. The board may, by majority vote, close 
     any such meeting only for the time necessary to preserve the 
     confidentiality of commercial or financial information that 
     is privileged or confidential, to discuss personnel matters, 
     or to discuss legal matters affecting the Corporation, 
     including pending or potential litigation.
       (g) Major Campaigns.--The board may not authorize the 
     Corporation to obligate or expend more than $25,000,000 on 
     any advertising campaign, promotion, or related effort 
     unless--
       (1) the obligation or expenditure is approved by an 
     affirmative vote of at least \2/3\ of the members of the 
     board present at the meeting;
       (2) at least 6 members of the board are present at the 
     meeting at which it is approved; and
       (3) each member of the board has been given at least 3 days 
     advance notice of the meeting at which the vote is to be 
     taken and the matters to be voted upon at that meeting.
       (h) Fiscal Accountability.--
       (1) Fiscal year.--The Corporation shall establish as its 
     fiscal year the 12-month period beginning on October 1.
       (2) Budget.--The Corporation shall adopt a budget for each 
     fiscal year.
       (3) Annual audits.--The Corporation shall engage an 
     independent accounting firm to conduct an annual financial 
     audit of the Corporation's operations and shall publish the 
     results of the audit. The Comptroller General of the United 
     States may review any audit of a financial statement 
     conducted under this subsection by an independent accounting 
     firm and may audit the Corporation's operations at the 
     discretion of the Comptroller General. The Comptroller 
     General and the Congress shall have full and complete access 
     to the books and records of the Corporation.
       (4) Program audits.--Not later than 2 years after the date 
     of enactment of this Act, the Comptroller General shall 
     conduct a review of the programmatic activities of the 
     Corporation for Travel Promotion. This report shall be 
     provided to appropriate congressional committees.

     SEC. 3. ACCOUNTABILITY MEASURES.

       (a) Objectives.--The Board shall establish annual 
     objectives for the Corporation for each fiscal year subject 
     to approval by the Secretary of Commerce (after consultation 
     with the Secretary of Homeland Security and the Secretary of 
     State). The Corporation shall establish a marketing plan for 
     each fiscal year not less than 60 days before the beginning 
     of that year and provide a copy of the plan, and any 
     revisions thereof, to the Secretary.
       (b) Budget.--The board shall transmit a copy of the 
     Corporation's budget for the forthcoming fiscal year to the 
     Secretary not less than 60 days before the beginning of each 
     fiscal year, together with an explanation of any expenditure 
     provided for by the budget in excess of $5,000,000 for the 
     fiscal year. The Corporation shall make a copy of the budget 
     and the explanation available to the public and shall provide 
     public access to the budget and explanation on the 
     Corporation's website.
       (c) Annual Report to Congress.--The Corporation shall 
     submit an annual report for the preceding fiscal year to the 
     Secretary of Commerce for transmittal to the Congress on or 
     before the 15th day of May of each year. The report shall 
     include--
       (1) a comprehensive and detailed report of the 
     Corporation's operations, activities, financial condition, 
     and accomplishments under this Act;
       (2) a comprehensive and detailed inventory of amounts 
     obligated or expended by the Corporation during the preceding 
     fiscal year;
       (3) a detailed description of each in-kind contribution, 
     its fair market value, the individual or organization 
     responsible for contributing, its specific use, and a 
     justification for its use within the context of the 
     Corporation's mission;
       (4) an objective and quantifiable measurement of its 
     progress, on an objective-by-objective basis, in meeting the 
     objectives established by the board;
       (5) an explanation of the reason for any failure to achieve 
     an objective established by the board and any revisions or 
     alterations to the Corporation's objectives under subsection 
     (a);
       (6) a comprehensive and detailed report of the 
     Corporation's operations and activities to promote tourism in 
     rural and urban areas; and
       (7) such recommendations as the Corporation deems 
     appropriate.
       (d) Limitation on Use of Funds.--Amounts deposited in the 
     Fund may not be used for any purpose inconsistent with 
     carrying out the objectives, budget, and report described in 
     this section.

     SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.

       (a) Establishment of Travel Promotion Fund.--There is 
     hereby established in the Treasury a fund which shall be 
     known as the Travel Promotion Fund.
       (b) Funding.--
       [(1) Start-up expenses.--For the period beginning on 
     October 1, 2009, and ending on December 31, 2009, the 
     Secretary of the Treasury shall make available to the 
     Corporation such sums as may be necessary, but not to exceed 
     $10,000,000, from amounts deposited in the general fund of 
     the Treasury from fees under section 217(h)(3)(B)(i)(I) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1187(h)(3)(B)(i)(I)) to cover the Corporation's initial 
     expenses and activities under this Act.
       [(2) Fiscal year 2010 and subsequent years.--For the period 
     beginning on January 1, 2010, and ending on September 30, 
     2010, and for each of fiscal years 2011 through 2014, from 
     amounts deposited in the general fund of the Treasury during 
     the preceding fiscal year from fees under section 
     217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8 
     U.S.C. 1187(h)(3)(B)(i)(I)), the Secretary of the Treasury 
     shall transfer not more than $100,000,000 to the Fund, which 
     shall be made available to the Corporation, subject to 
     subsections (c) and (d) of this section, to carry out its 
     functions under this Act. Transfers shall be made at least 
     quarterly on the basis of estimates by the Secretary of the 
     Treasury of the amounts required to be transferred in 
     accordance with subsection (c), and proper adjustments shall 
     be made in amounts subsequently transferred to the extent 
     prior estimates were in excess or less than the amounts 
     required to be transferred.
       [(c) Matching Requirement.--
       [(1) In general.--The Secretary of the Treasury shall make 
     available to the Corporation at least quarterly from amounts 
     available in the Fund for the period beginning on January 1, 
     2010, and ending on September 30, 2010, and for each of 
     fiscal years 2011, 2012, 2013, and 2014, an amount equal to 
     the amount received from non-Federal sources by the 
     Corporation. The amount made available to the Corporation 
     under this paragraph for the period ending on September 30, 
     2010, and for each of those fiscal years, may not exceed 
     $100,000,000.]
       (1) Start-up expenses.--For fiscal year 2010, the Secretary 
     of the Treasury shall make available to the Corporation such 
     sums as may be necessary, but not to exceed $10,000,000, from 
     amounts deposited in the general fund of the Treasury from 
     fees under section 217(h)(3)(B)(i)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to cover the 
     Corporation's initial expenses and activities under this Act. 
     Transfers shall be made at least quarterly, beginning on 
     October 1, 2009, on the basis of estimates by the Secretary, 
     and proper adjustments shall be made in amounts subsequently 
     transferred to the extent prior estimates were in excess or 
     less than the amounts required to be transferred.
       (2) Subsequent years.--For each of fiscal years 2011 
     through 2014, from amounts deposited in the general fund of 
     the Treasury during the preceding fiscal year from fees under 
     section 217(h)(3)(B)(i)(I) of the Immigration and Nationality 
     Act (8 U.S.C. 1187(h)(B)(i)(I)), the Secretary of the 
     Treasury shall transfer not more than $100,000,000 to the 
     Fund, which shall be made available to the Corporation, 
     subject to subsection (c) of this section, to carry out its 
     functions under this Act. Transfers shall be made at least 
     quarterly on the basis of estimates by the Secretary, and 
     proper adjustments shall be made in amounts subsequently 
     transferred to the extent prior estimates were in excess or 
     less than the amounts required to be transferred.
       (c) Matching Requirement.--
       (1) In general.--No amounts may be made available to the 
     Corporation under this section after fiscal year 2010, except 
     to the extent that--
       (A) for fiscal year 2011, the Corporation provides matching 
     amounts from non-Federal sources equal in the aggregate to 50 
     percent or more of the amount transferred to the Fund under 
     subsection (b); and
       (B) for any fiscal year after fiscal year 2011, the 
     Corporation provides matching amounts

[[Page 15378]]

     from non-Federal sources equal in the aggregate to 100 
     percent of the amount transferred to the Fund under 
     subsection (b) for the fiscal year.
       (2) Goods and services.--For the purpose of determining the 
     amount received from non-Federal sources by the Corporation, 
     other than money--
       (A) the fair market value of goods and services (including 
     advertising) contributed to the Corporation for use under 
     this Act may be included in the determination; but
       (B) the fair market value of such goods and services may 
     not account for more than 80 percent of the matching 
     requirement under paragraph (1) for the Corporation in any 
     fiscal year.
       (3) Right of refusal.--The Corporation may decline to 
     accept any contribution in-kind that it determines to be 
     inappropriate, not useful, or commercially worthless.
       (4) Limitation.--The Corporation may not obligate or expend 
     funds in excess of the total amount received by the 
     Corporation for a fiscal year from Federal and non-Federal 
     sources.
       (d) Carryforward.--
       (1) Federal funds.--Amounts transferred to the Fund under 
     subsection (b)(2) shall remain available until expended.
       (2) Matching funds.--Any amount received by the Corporation 
     from non-Federal sources in fiscal year 2010, 2011, 2012, 
     2013, or 2014 that cannot be used to meet the matching 
     requirement under subsection (c)(1) for the fiscal year in 
     which amount was collected may be carried forward and treated 
     as having been received in the succeeding fiscal year for 
     purposes of meeting the matching requirement of subsection 
     (c)(1) in such succeeding fiscal year.

     SEC. 5. TRAVEL PROMOTION FUND FEES.

       Section 217(h)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1187(h)(3)(B)) is amended to read as follows:
       ``(B) Fees.--
       ``(i) In general.--No later than September 30, 2009, the 
     Secretary of Homeland Security shall establish a fee for the 
     use of the System and begin assessment and collection of that 
     fee. The initial fee shall be the sum of--
       ``(I) $10 per travel authorization; and
       ``(II) an amount that will at least ensure recovery of the 
     full costs of providing and administering the System, as 
     determined by the Secretary.
       ``(ii) Disposition of amounts collected.--Amounts collected 
     under clause (i)(I) shall be credited to the Travel Promotion 
     Fund established by section 4 of the Travel Promotion Act of 
     2009. Amounts collected under clause (i)(II) shall be 
     transferred to the general fund of the Treasury and made 
     available to pay the costs incurred to administer the System.
       ``(iii) Sunset of travel promotion fund fee.--The Secretary 
     may not collect the fee authorized by clause (i)(I) for 
     fiscal years beginning after September 30, 2014.''.

     SEC. 6. ASSESSMENT AUTHORITY.

       (a) In General.--Except as otherwise provided in this 
     section, the Corporation may impose an annual assessment on 
     United States members of the international travel and tourism 
     industry (other than those described in section 2(b)(1)(C) or 
     (H)) represented on the Board in proportion to their share of 
     the aggregate international travel and tourism revenue of the 
     industry. The Corporation shall be responsible for verifying, 
     implementing, and collecting the assessment authorized by 
     this section.
       (b) Initial Assessment Limited.--The Corporation may 
     establish the initial assessment after the date of enactment 
     of the Travel and Tourism Promotion Act at no greater, in the 
     aggregate, than $20,000,000.
       (c) Referenda.--
       (1) In general.--The Corporation may not impose an annual 
     assessment unless--
       (A) the Corporation submits the proposed annual assessment 
     to members of the industry in a referendum; and
       (B) the assessment is approved by a majority of those 
     voting in the referendum.
       (3) Procedural requirements.--In conducting a referendum 
     under this subsection, the Corporation shall--
       (A) provide written or electronic notice not less than 60 
     days before the date of the referendum;
       (B) describe the proposed assessment or increase and 
     explain the reasons for the referendum in the notice; and
       (C) determine the results of the referendum on the basis of 
     weighted voting apportioned according to each business 
     entity's relative share of the aggregate annual United States 
     international travel and tourism revenue for the industry per 
     business entity, treating all related entities as a single 
     entity.
       (d) Collection.--
       (1) In general.--The Corporation shall establish a means of 
     collecting the assessment that it finds to be efficient and 
     effective. The Corporation may establish a late payment 
     charge and rate of interest to be imposed on any person who 
     fails to remit or pay to the Corporation any amount assessed 
     by the Corporation under this Act.
       (2) Enforcement.--The Corporation may bring suit in Federal 
     court to compel compliance with an assessment levied by the 
     Corporation under this Act.
       (e) Investment of Funds.--Pending disbursement pursuant to 
     a program, plan, or project, the Corporation may invest funds 
     collected through assessments, and any other funds received 
     by the Corporation, only in obligations of the United States 
     or any agency thereof, in general obligations of any State or 
     any political subdivision thereof, in any interest-bearing 
     account or certificate of deposit of a bank that is a member 
     of the Federal Reserve System, or in obligations fully 
     guaranteed as to principal and interest by the United States.

     SEC. 7. OFFICE OF TRAVEL PROMOTION.

       Title II of the International Travel Act of 1961 (22 U.S.C. 
     2121 et seq.) is amended by inserting after section 201 the 
     following:

     ``SEC. 202. OFFICE OF TRAVEL PROMOTION.

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

     SEC. 8. RESEARCH PROGRAM.

       Title II of the International Travel Act of 1961 (22 U.S.C. 
     2121 et seq.), as amended by section 7, is further amended by 
     inserting after section 202 the following:

     ``SEC. 203. RESEARCH PROGRAM.

       ``(a) In General.--The Office of Travel and Tourism 
     Industries shall expand and continue its research and 
     development activities in connection with the promotion of 
     international travel to the United States, including--
       ``(1) expanding access to the official Mexican travel 
     surveys data to provide the States with traveler 
     characteristics and visitation estimates for targeted 
     marketing programs;
       ``(2) expanding the number of inbound air travelers sampled 
     by the Commerce Department's Survey of International 
     Travelers to reach a 1 percent sample size and revising the 
     design and format of questionnaires to accommodate a new 
     survey instrument, improve response rates to at least double 
     the number of States and cities with reliable international 
     visitor estimates and improve market coverage;
       ``(3) developing estimates of international travel exports 
     (expenditures) on a State-by-State basis to enable each State 
     to compare its comparative position to national totals and 
     other States;
       ``(4) evaluate the success of the Corporation in achieving 
     its objectives and carrying out the purposes of the Travel 
     Promotion Act of 2009; and
       ``(5) research to support the annual reports required by 
     section 202(d) of this Act.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Commerce 
     for fiscal years 2010 through 2014 such sums as may be 
     necessary to carry out this section.''.
  Ms. SNOWE. Mr. President, my amendment, No. 1336, would provide 
improved and expanded opportunities for small businesses and attract 
foreign

[[Page 15379]]

tourists. Tourism is a vital service export, generating $142 billion in 
international receipts last year, which accounts for 27 percent of all 
services exports and 8 percent of exports overall.
  As ranking member of the Senate Committee on Small Business and 
Entrepreneurship, and as a senior member of both the Senate Finance and 
Commerce Committees, one of my top priorities is to ensure that small 
businesses get the promised benefits of our international trade 
relationships, including the benefits of increased business from 
tourists that visit the United States. Tourism is particularly 
essential for small businesses, which comprise more than 90 percent of 
employers in the tourism industry. In fact, 95 percent of travel 
agencies, 84 percent of tour operating companies, 93 percent of 
sightseeing bus companies, and 99 percent of souvenir shops are small 
businesses.
  Small businesses are a vital source of economic growth and job 
creation, generating approximately 75 percent of net new jobs each 
year. Small firms are essential to our economic recovery, and we must 
help them take advantage of all potential opportunities, including 
those created by international travel and tourism.
  My amendment will increase support for small businesses seeking to 
attract more foreign tourists. First, the amendment creates an 
innovative new export development grant program that provides small 
businesses with matching grants, of up to $5,000, for expenses relating 
to activities that help them start or expand export activity. These 
grants can be used to create foreign-language marketing material, 
translate websites in order to reach foreign tourists, and develop 
other marketing materials in order to attract more international 
visitors.
  In addition to enabling small businesses to attract international 
tourists, my amendment also benefits small businesses who seek to sell 
their products and services in international markets. Although 
globalization has created new opportunities, less than 1 percent of 
U.S. small businesses currently sell to international buyers.
  Small businesses face particular challenges in exporting. It can be 
difficult for small exporting firms to secure the working capital 
needed to fulfill foreign purchase orders, for instance, because many 
lenders won't lend against export orders or export receivables. 
Additionally, small business owners may not have the time or resources 
necessary to understand other countries' rules and regulations.
  Currently, Federal programs are grossly inadequate at helping small 
businesses overcome these challenges of exporting. This amendment gives 
small businesses the resources and assistance they require to explore 
potential export opportunities and to expand their current export 
business.
  The amendment would also bolster the SBA's technical assistance 
programs, and will improve export financing programs so that small 
businesses have access to capital needed to support export sales.
  Small businesses can survive, diversify, and compete effectively in 
the international marketplace by developing an export business. But, as 
I mentioned, too few small businesses are expanding into international 
markets. This amendment will help small business owners take the 
crucial steps of attracting foreign tourists and finding international 
buyers for their goods and services.
  This investment could yield tremendous returns for our economy. The 
United States spends just one-sixth of the international average among 
developed countries in promoting small businesses exports. Every 
additional dollar spent on export promotion results in a fortyfold 
increase in exports, according to a World Bank study.
  As we work to promote tourism in the United States, we cannot 
overlook small businesses. An investment in small business exporting 
assistance is an investment in our economy. This amendment will ensure 
that this legislation helps small businesses stay competitive, helps 
them grow, and speeds the recovery of our economy as a whole. I 
respectfully ask all of my Senate colleagues to support this vital 
amendment.
  Mr. President, my amendment No. 1337 to the ``Tourism Promotion Act 
of 2009 is a commonsense amendment that would ensure that small 
businesses are properly represented on the new ``Corporation for Travel 
Promotion Board'' and would clarify that small businesses, as defined 
by the Small Business Administration, are exempt from the annual 
assessment created by this act.
  As ranking member of the Committee on Small Business and 
Entrepreneurship, I am keenly aware of the critical role that small 
businesses play as our Nation's primary job creators. Robust tourism is 
vital to the success of countless small businesses, and I see no better 
way to improve this bill than by ensuring that our Nation's small 
businesses have a seat at the table as our tourism policy is revamped. 
One of the more vital components of this act is the creation of the 
travel promotion board, which includes 11 key representatives from 
different industries involved in tourism, and will be tasked with 
promoting travel to America. Unfortunately, the underlying bill does 
not require a member of that board specifically represent small 
businesses. My amendment will correct this oversight.
  Travel and tourism generates approximately $1.3 trillion in economic 
activity each year in the United States and it also supports 8.3 
million travel-related jobs. According to the Department of Commerce, 
receipts from international trade and tourism were more than $142 
billion last year, and there is no doubt that small businesses were a 
vital part of this statistic. In fact, they represent nearly the entire 
tourism industry. More than 90 percent of employers in the tourism 
industry are small businesses; and more specifically, 95 percent of 
travel agencies, 84 percent of tour operating companies, 93 percent of 
sightseeing bus companies, and 99 percent of souvenir shops are owned 
by small entrepreneurs. It is therefore imperative that this act 
guarantee that small businesses are provided with a representative on 
the Corporation for Travel Promotion Board.
  Tourism is a vital source of growth for these small businesses and 
this act will provide critical assistance to entrepreneurs struggling 
during these difficult economic times. This amendment will improve the 
underlying bill by ensuring that small businesses continue to play a 
key role in bolstering and strengthening our nation's essential tourism 
industry. For this reason I urge my colleagues to support my amendment.

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