[Congressional Record (Bound Edition), Volume 155 (2009), Part 18]
[House]
[Pages 24298-24307]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROVIDING FOR CONCURRENCE BY HOUSE WITH AMENDMENT IN SENATE AMENDMENT 
 TO H.R. 1035, MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL 
              ENVIRONMENTAL POLICY AMENDMENTS ACT OF 2009

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 806) providing for the concurrence by the House 
in the Senate amendment to H.R. 1035, with an amendment.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 806

       Resolved, That upon the adoption of this resolution the 
     bill (H.R. 1035) entitled ``An Act to amend the Morris K. 
     Udall Scholarship and Excellence in National Environmental 
     and Native American Public Policy Act of 1992 to honor the 
     legacy of Stewart L. Udall, and for other purposes.'', with 
     the Senate amendment thereto, shall be considered to have 
     been taken from the Speaker's table to the end that the 
     Senate amendment thereto be, and the same is hereby, agreed 
     to with the following amendment:
       At the end of the Senate amendment, add the following:
       At the end of the bill, add the following new section:

     SEC. 11. TRAVEL PROMOTION ACT OF 2009.

       (a) Short Title.--This section may be cited as the ``Travel 
     Promotion Act of 2009''.
       (b) The Corporation for Travel Promotion.--
       (1) 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 subsection, and 
     shall have the powers conferred upon a nonprofit corporation 
     by that Act to carry out its purposes and activities.
       (2) Board of directors.--
       (A) 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:
       (i) 1 shall have appropriate expertise and experience in 
     the hotel accommodations sector;
       (ii) 1 shall have appropriate expertise and experience in 
     the restaurant sector;
       (iii) 1 shall have appropriate expertise and experience in 
     the small business or retail sector or in associations 
     representing that sector;
       (iv) 1 shall have appropriate expertise and experience in 
     the travel distribution services sector;
       (v) 1 shall have appropriate expertise and experience in 
     the attractions or recreations sector;
       (vi) 1 shall have appropriate expertise and experience as 
     officials of a city convention and visitors' bureau;
       (vii) 2 shall have appropriate expertise and experience as 
     officials of a State tourism office;
       (viii) 1 shall have appropriate expertise and experience in 
     the passenger air sector;
       (ix) 1 shall have appropriate expertise and experience in 
     immigration law and policy, including visa requirements and 
     United States entry procedures; and
       (x) 1 shall have appropriate expertise in the intercity 
     passenger railroad business.
       (B) Incorporation.--The members of the initial board of 
     directors shall serve as incorporators and shall take 
     whatever actions are necessary to establish the Corporation 
     under the District of Columbia Nonprofit Corporation Act 
     (D.C. Code, section 29-301.01 et seq.).
       (C) 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--

[[Page 24299]]

       (i) 3 shall be appointed for terms of 1 year;
       (ii) 4 shall be appointed for terms of 2 years; and
       (iii) 4 shall be appointed for terms of 3 years.
       (D) Removal for cause.--The Secretary of Commerce may 
     remove any member of the board for good cause.
       (E) Vacancies.--Any vacancy in the board shall not affect 
     its power, but shall be filled in the manner required by this 
     subsection. 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.
       (F) 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.
       (G) 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.
       (H) 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.
       (3) Officers and employees.--
       (A) In general.--The Corporation shall have an executive 
     director and such other officers as may be named and 
     appointed by the board for terms and at rates of compensation 
     fixed by the board. No individual other than a citizen of the 
     United States may be an officer of the Corporation. The 
     Corporation may hire and fix the compensation of such 
     employees as may be necessary to carry out its purposes. No 
     officer or employee of the Corporation may receive any salary 
     or other compensation (except for compensation for services 
     on boards of directors of other organizations that do not 
     receive funds from the Corporation, on committees of such 
     boards, and in similar activities for such organizations) 
     from any sources other than the Corporation for services 
     rendered during the period of his or her employment by the 
     Corporation. Service by any officer on boards of directors of 
     other organizations, on committees of such boards, and in 
     similar activities for such organizations shall be subject to 
     annual advance approval by the board and subject to the 
     provisions of the Corporation's Statement of Ethical Conduct. 
     All officers and employees shall serve at the pleasure of the 
     board.
       (B) 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.
       (4) Nonprofit and nonpolitical nature of corporation.--
       (A) Stock.--The Corporation shall have no power to issue 
     any shares of stock, or to declare or pay any dividends.
       (B) 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.
       (C) Politics.--The Corporation may not contribute to or 
     otherwise support any political party or candidate for 
     elective public office.
       (D) 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)).
       (5) Duties and powers.--
       (A) In general.--The Corporation shall develop and execute 
     a plan--
       (i) to provide useful information to foreign tourists, 
     business people, students, scholars, scientists, and others 
     interested in traveling to the United States, including the 
     distribution of material provided by the Federal government 
     concerning entry requirements, required documentation, fees, 
     processes, and information concerning declared public health 
     emergencies, to prospective travelers, travel agents, tour 
     operators, meeting planners, foreign governments, travel 
     media and other international stakeholders;
       (ii) to identify, counter, and correct misperceptions 
     regarding United States entry policies around the world;
       (iii) 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;
       (iv) 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
       (v) to give priority to the Corporation's efforts with 
     respect to countries and populations most likely to travel to 
     the United States.
       (B) Specific powers.--In order to carry out the purposes of 
     this subsection, the Corporation may--
       (i) obtain grants from and make contracts with individuals 
     and private companies, State, and Federal agencies, 
     organizations, and institutions;
       (ii) hire or accept the voluntary services of consultants, 
     experts, advisory boards, and panels to aid the Corporation 
     in carrying out its purposes; and
       (iii) take such other actions as may be necessary to 
     accomplish the purposes set forth in this subsection.
       (C) Public outreach and information.--The Corporation shall 
     develop and maintain a publicly accessible website.
       (6) 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.
       (7) 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--
       (A) 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;
       (B) at least 6 members of the board are present at the 
     meeting at which it is approved; and
       (C) 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.
       (8) Fiscal accountability.--
       (A) Fiscal year.--The Corporation shall establish as its 
     fiscal year the 12-month period beginning on October 1.
       (B) Budget.--The Corporation shall adopt a budget for each 
     fiscal year.
       (C) 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 paragraph 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.
       (D) Program audits.--Not later than 2 years after the date 
     of enactment of this section, 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.
       (c) Accountability Measures.--
       (1) 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.
       (2) 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.
       (3) 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--
       (A) a comprehensive and detailed report of the 
     Corporation's operations, activities, financial condition, 
     and accomplishments under this section;
       (B) a comprehensive and detailed inventory of amounts 
     obligated or expended by the Corporation during the preceding 
     fiscal year;
       (C) 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;
       (D) an objective and quantifiable measurement of its 
     progress, on an objective-by-objective basis, in meeting the 
     objectives established by the board;
       (E) an explanation of the reason for any failure to achieve 
     an objective established by

[[Page 24300]]

     the board and any revisions or alterations to the 
     Corporation's objectives under paragraph (1);
       (F) a comprehensive and detailed report of the 
     Corporation's operations and activities to promote tourism in 
     rural and urban areas; and
       (G) such recommendations as the Corporation deems 
     appropriate.
       (4) 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 subsection.
       (d) Matching Public and Private Funding.--
       (1) Establishment of travel promotion fund.--There is 
     hereby established in the Treasury a fund which shall be 
     known as the Travel Promotion Fund.
       (2) Funding.--
       (A) 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 
     section. Transfers shall be made at least quarterly, 
     beginning on January 1, 2010, 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.
       (B) 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 paragraph (3) of this subsection, to carry out its 
     functions under this section. 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.
       (3) Matching requirement.--
       (A) In general.--No amounts may be made available to the 
     Corporation under this subsection after fiscal year 2010, 
     except to the extent that--
       (i) 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 
     paragraph (2); and
       (ii) for any fiscal year after fiscal year 2011, the 
     Corporation provides matching amounts from non-Federal 
     sources equal in the aggregate to 100 percent of the amount 
     transferred to the Fund under paragraph (2) for the fiscal 
     year.
       (B) Goods and services.--For the purpose of determining the 
     amount received from non-Federal sources by the Corporation, 
     other than money--
       (i) the fair market value of goods and services (including 
     advertising) contributed to the Corporation for use under 
     this section may be included in the determination; but
       (ii) the fair market value of such goods and services may 
     not account for more than 80 percent of the matching 
     requirement under subparagraph (A) for the Corporation in any 
     fiscal year.
       (C) Right of refusal.--The Corporation may decline to 
     accept any contribution in-kind that it determines to be 
     inappropriate, not useful, or commercially worthless.
       (D) 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.
       (4) Carryforward.--
       (A) Federal funds.--Amounts transferred to the Fund under 
     paragraph (2)(B) shall remain available until expended.
       (B) 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 paragraph (3)(A) 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 paragraph 
     (3)(A) in such succeeding fiscal year.
       (e) 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 6 months after the date of 
     enactment of the Travel Promotion Act of 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 subsection (d) of section 11 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.''.
       (f) Assessment Authority.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the Corporation may impose an annual assessment 
     on United States members of the international travel and 
     tourism industry (other than those described in subsection 
     (b)(2)(A)(iii) 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 subsection.
       (2) Initial assessment limited.--The Corporation may 
     establish the initial assessment after the date of enactment 
     of this section at no greater, in the aggregate, than 
     $20,000,000.
       (3) Referenda.--
       (A) In general.--The Corporation may not impose an annual 
     assessment unless--
       (i) the Corporation submits the proposed annual assessment 
     to members of the industry in a referendum; and
       (ii) the assessment is approved by a majority of those 
     voting in the referendum.
       (B) Procedural requirements.--In conducting a referendum 
     under this paragraph, the Corporation shall--
       (i) provide written or electronic notice not less than 60 
     days before the date of the referendum;
       (ii) describe the proposed assessment or increase and 
     explain the reasons for the referendum in the notice; and
       (iii) 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.
       (4) Collection.--
       (A) 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 section.
       (B) Enforcement.--The Corporation may bring suit in Federal 
     court to compel compliance with an assessment levied by the 
     Corporation under this section.
       (5) 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.
       (g) 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 subsection (b) of section 11 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

[[Page 24301]]

       ``(D) enhance the entry and departure experience for 
     international visitors through the use of advertising, 
     signage, and customer service; and
       ``(3) support State, regional, and private sector 
     initiatives to promote travel to and within the United 
     States.
       ``(d) Reports to Congress.--Within a year after the date of 
     enactment of the Travel Promotion Act of 2009, and 
     periodically thereafter as appropriate, the Secretary shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation, the Senate Committee on Homeland 
     Security and Governmental Affairs, the Senate Committee on 
     Foreign Relations, the House of Representatives Committee on 
     Energy and Commerce, the House of Representatives Committee 
     on Homeland Security, and the House of Representatives 
     Committee on Foreign Affairs describing the Office's work 
     with the Corporation, the Secretary of State and the 
     Secretary of Homeland Security to carry out subsection 
     (c)(2).''.
       (h) Research Program.--Title II of the International Travel 
     Act of 1961 (22 U.S.C. 2121 et seq.), as amended by 
     subsection (g), 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from Tennessee (Mr. Roe) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent for 5 legislative 
days during which Members may revise and extend and insert extraneous 
material on H. Res. 806 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of this bill that enhances the Morris K. Udall 
Foundation and honors the life of Stewart Udall.
  The Morris K. Udall Foundation is an independent Federal agency based 
in Tucson, Arizona, which operates exceptional educational programs 
focused on developing leadership on environmental issues and Native 
American issues. It also includes the U.S. Institute for Environmental 
Conflict Resolution, the only program within the Federal Government 
focused entirely on preventing, managing, and resolving Federal 
environmental conflicts.
  The legislation today will enhance the foundation's programs and 
operations, and at the same time honor one of the greatest public 
servants and conservationists in history, Stewart L. Udall, by adding 
his name to the foundation of his late brother, Morris K. Udall.
  The Udall Foundation was established by Congress in 1992. Initially, 
the foundation's mission was to provide educational opportunities for 
studies related to the environment and Native American tribal policy 
and health care.
  In 1998, Congress amended the Udall Foundation's enabling legislation 
to add a new mission: resolving conflicts related to the environment, 
natural resources, and public lands through services including 
mediation, facilitation, and training. The work of the Udall Foundation 
has become even more important today as the Nation seeks long-term 
responses to climate change, sustainable energy supplies, and a 
sustainable economy for all Americans.
  Through its education programs, the Udall Foundation identifies and 
educates tomorrow's leaders in fields that are critical to the energy, 
climate change, and economic issues that face our Nation. These 
programs include:
  The premier college scholarship and doctoral fellowship for studies 
related to the environment and a scholarship for Native Americans 
studying tribal policy or health care.
  The Native American Congressional Internship Program that has 
provided to many of our offices over 150 young Native American leaders 
that have been part of that internship program.
  The Native Nations Institute for Leadership, Management, and Policy 
that provides both governance and economic development resources for 
tribal nations as they develop their own self-determination and fully 
develop the sovereignty that they have.
  The Parks in Focus Program which connects underserved youth to nature 
through the art of photography and instilling them with a long-last 
understanding and appreciation for our national parks and other public 
lands.

                              {time}  1615

  I think it is very appropriate for Congress to provide solid support 
for the Udall Foundation and very important programs through this 
legislation, while at the same time recognizing the unsurpassed 
contributions of Stewart Udall by adding his name to the foundation's 
title. Stewart Udall served in the House of Representatives with 
distinction from 1955, representing an area that included what is now 
my district, until he was appointed Secretary of the Interior in 1961 
by President John F. Kennedy.
  As Secretary of the Interior, Stewart Udall had an unmatched record 
of environmental leadership, overseeing the creation of 4 national 
parks, 6 national monuments, 8 national sea shore and lake shores, 9 
recreation areas, 20 historic sites, and 56 wildlife refuges. He 
continued to make substantial contributions to environmental and Native 
American policy as a lawyer and author following his tenure at the 
Interior.
  For these reasons, I believe that the legislation deserves the 
support of the House.
  At this point, Mr. Speaker, I yield the remainder of my time to the 
gentlelady from Florida (Ms. Castor) and ask unanimous consent that she 
manage the remainder of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself as much time as I 
may consume. I rise today in support of H.R. 1035, a bill that amends 
the Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Act. The Morris K. Udall Foundation was created by 
Congress in 1992 to honor Mr. Udall's 30 years of public service. The 
Foundation was created to help educate new generations to protect the 
environment. The Foundation works to increase the awareness of our 
Nation's natural resources, foster a greater recognition and 
understanding of the role of the environment and the development of our 
Nation, and through the U.S. Institute for Environmental Conflict 
Resolution, provide for mediation and other services to resolve 
environmental disputes involving Federal agencies.
  The Foundation operates several educational programs. The Morris K. 
Udall scholarship program awards approximately 80 merit-based 
scholarships of about $5,000 each year. It also supports about 12 
Native Americans or Alaskan natives every summer for a 10-week 
bipartisan congressional internship program.
  Finally, the foundation supports two fellows every year in a doctoral 
program whose research focuses on environmental policy.

[[Page 24302]]

  As we noted when this passed the House this summer, the legislation 
before us honors Stewart L. Udall's service to the Nation by adding his 
name to the foundation, making it the Morris K. Udall and Stewart L. 
Udall Foundation. Mr. Udall served in Congress and the administration, 
and then continued his work for the environment in the private sector. 
I would like to point out that there is one difference between this 
bill and the version passed by the House in July. The other body 
removed the authorization level of ``such sums,'' thereby leaving the 
authorization of these programs at $40 million, which is current law.
  Finally, I would like to note this bill is being amended by the House 
to include the Travel Promotion Act, which creates a corporation to 
promote travel in the United States. My colleague from Missouri, Mr. 
Blunt, a member of the Energy and Commerce Committee, will speak to 
these provisions. But let me just say that I'm glad that we are acting 
to promote tourism in this economic downturn. Attractions like the 
Great Smoky Mountains National Park, the most visited park in America, 
Dollywood, Jonesboro, the oldest town in Tennessee, and Sycamore Shoals 
historic site in my district stand to benefit greatly from increased 
tourism. The Senate amendment to the underlying Udall scholarship bill 
makes this legislation better. I urge my colleagues to support this 
bill.
  Mr. Speaker, I yield the balance of my time to the gentleman from 
Missouri (Mr. Blunt) and ask unanimous consent that he be allowed to 
control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Ms. CASTOR of Florida. Mr. Speaker, I rise in strong support of the 
Udall Scholarship in Excellence in NEPA Act by Congressman Grijalva. As 
part of the act, the House will consider Senate bill 1023, the Travel 
Promotion Act, which is similar to H.R. 2935 by Representative Delahunt 
of Massachusetts, a bill of which I'm pleased to be an original 
cosponsor.
  The Travel Promotion Act is a jobs bill. It's a vital economic 
development initiative to combat the economic downturn that we've been 
battling since the spring of 2008. The Travel Promotion Act establishes 
a nonprofit corporation for travel promotion to promote tourism in the 
United States and provide travel information to people around the 
world.
  Tourism is particularly important to my home State of Florida. 
Florida is a top travel destination from across the globe. The millions 
and millions of tourists who travel to Florida support a $57 billion 
tourism industry and our economy. People come from every nation to 
visit our beautiful beaches, Busch Gardens, Disneyworld and Universal 
Studios, the Everglades and more, and the Florida economy thrives and 
families have good jobs in a clean industry because of tourism.
  Having the beaches and attractions is not enough, however. Florida 
also communicates to the world about Florida vacations through the 
Visit Florida tourism Web site and outreach and advertising campaigns. 
But, you know, there is no similar initiative for the United States as 
a whole internationally. So the USA needs to get creative and create 
new jobs through growing tourism nationwide.
  Unfortunately, there are a lot of misconceptions out there that the 
United States is not a friendly place for international tourists. Other 
nations actively promote international tourism through advertising 
campaigns and outreach, but some say that we've allowed our image to 
become an unwelcoming one. Nations that project a welcoming image are 
reaping economic benefits, while we run the risk of being left behind. 
Overseas travel in the United States has declined by 10 percent in the 
first quarter of 2009.
  Our travel bill would let world travelers know that we want them to 
visit America's great cities and natural wonders. We want the world to 
come and share our culture and experience the richness that is the 
United States of America. Therefore, I urge adoption of the Travel 
Promotion Act to get our economy moving and create jobs.
  Mr. Speaker, I now recognize Congresswoman Loretta Sanchez of the 
Committee on Homeland Security.
  Ms. LORETTA SANCHEZ of California. I thank my colleague for 
recognizing me to express support for the travel promotion legislation 
being considered today. I do, however, have a few concerns that I would 
like to discuss in a colloquy with the gentlelady from Florida.
  First, I am concerned that the bill would allow the Corporation For 
Travel Promotion to distribute information on Federal entry and exit 
requirements to foreign tourists without the Department of Homeland 
Security or the State Department reviewing that information. To ensure 
accuracy and consistency it's imperative that the DHS and the State 
Department have the opportunity to review this information before it is 
released to the public. Do I understand that the gentlelady shares my 
concern and is willing to work with me to resolve that matter?
  I yield to the gentlelady for a response.
  Ms. CASTOR of Florida. I thank the gentlelady from California for 
raising this important issue. Yes, it is extremely important that the 
U.S. has a unified voice abroad, and that all information about Federal 
travel requirements is properly vetted. I look forward to working with 
you and the committee to address this issue.
  Ms. LORETTA SANCHEZ of California. I thank my colleague. And the 
other concern that I have relates to the fee provision and its 
mandatory nature. I have heard concerns expressed by our European 
partners and others about these fees. And under the 9/11 Act, the 
Secretary of Homeland Security has discretion about how to fund the 
Electronic System For Travel Authorization program. This legislation 
appears to remove that discretion and to require our Secretary to 
collect fees for ESTA in addition to the fees collected for the 
corporation.
  So I believe the Secretary should retain that discretion to determine 
how to fund the ESTA program. And I also believe that any fees 
collected in excess of the needs of the corporation should be made 
available to the Department of Homeland Security to fund important 
travel, security, and facilitation programs, including our US-VISIT and 
our Global Entry program.
  Would my colleague work with me to ensure that the Secretary has this 
flexibility and the resources needed to effectively carry out the 
missions of the department?
  Ms. CASTOR of Florida. I share your concern about the fee structure, 
and I will be happy to work with you and the committee to ensure that 
these matters are addressed.
  I would also like to submit for the Record an exchange of letters 
between the leadership of the Energy and Commerce Committee and the 
Senate Commerce Committee that reflects a shared commitment to work on 
these very issues as well as other important issues raises by other 
Members.

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                  Washington, DC, October 7, 2009.
     Hon. John D. Rockefeller IV,
     Chairman, Senate Committee on Commerce, Science, and 
         Transportation.
     Hon. Amy Klobuchar,
     Chairman, Subcommittee on Competitiveness, Innovation, and 
         Export Promotion.
     Hon. Byron L. Dorgan,
     U.S. Senator.
       Dear Senators Rockefeller, Klobuchar, and Dorgan: As the 
     House may consider S. 1023, the Travel Promotion Act of 2009, 
     shortly, we write to clarify your intent with regard to 
     several provisions in the bill.


                     I. Creation of the Corporation

       It is our understanding that the intent of the legislation 
     is for the Department of Commerce to administer grants to the 
     newly created nonprofit, ``Corporation for Travel 
     Promotion.'' It will be left to the judgment of the Secretary 
     of Commerce to transfer sums necessary for the operations of 
     the nonprofit and the administration of the grants. We 
     understand further that the Department of Treasury will hold 
     the separate ``Travel Promotion Fund,'' but will have no 
     substantive role with regard to the Corporation. By having 
     the Department of Commerce issue grants to the Corporation, 
     we can assure the application of Circular A-110, Uniform 
     Administrative Requirements for Grants and Agreements with 
     Institutions of Higher Education, Hospitals, and Other Non-
     Profit Organizations. A-110 imposes a number of requirements 
     on non-profit entities spending

[[Page 24303]]

     federal dollars, including the requirement that contracts 
     target small businesses owned by women and minorities.
       In addition, we appreciate that you share our commitment to 
     diversity on the Corporation Board of Directors. We want to 
     stress that the Secretary of Commerce should make every 
     effort to ensure that the homeland security and small 
     business communities are adequately represented on the 
     Corporation's Board, and that the Board has a balance of 
     gender, ethnicity, and economic status, as well as 
     representatives from both urban and rural areas.
       Also, we understand the importance of a functioning 
     Corporation and the decision to allow expenditures to be made 
     when six Board members are present. We would suggest that for 
     expenditures over $25 million, the Board strive to have more 
     than four members support approval of such an expenditure.
       Moreover, we would expect the Corporation's campaigns to 
     target travelers from a diverse set of regions of the world 
     and to advertise a wide range of destinations across the 
     United States and its territories.


              II. Coordination with the Federal Government

       Although the legislation creates a requirement that the 
     Corporation consult with the Department of Commerce, we 
     believe that the Corporation should consult regularly with 
     the Departments of State and Homeland Security which also 
     have key responsibilities relating to travel and tourism. For 
     example, it is imperative that the Corporation coordinate on 
     any information it may disseminate regarding entry 
     requirements, required documentation, fees, processes, and 
     information concerning declared public health emergencies and 
     requirements for entering the United States. This 
     coordination is necessary in order to avoid the risk that 
     prospective travelers to the United States could receive 
     conflicting or confusing information regarding entry 
     requirements and processes.


                    III. Travel Promotion Fund Fees

       Under the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (P.L. 100-53), the Secretary of 
     Homeland Security already has authority to charge a fee to 
     cover the cost of administering the Electronic System for 
     Travel Authorization (ESTA), but also has discretion to pay 
     for ESTA with other funds. Similarly, the legislation before 
     us should maintain the Secretary's discretion to determine 
     the most appropriate manner to fund ESTA administration.
       The legislation does not specify how funds collected in 
     excess of $100 million or greater than the needs of the 
     Corporation for Travel Promotion should be used. We believe 
     that these funds should be transferred to the Department of 
     Homeland Security to: (1) reinvest in ESTA to support changes 
     necessary to collect the new fee, and (2) enhance critical 
     border security programs such as US-VISIT and Global Entry. 
     Under the Implementing Recommendations of the 9/11 Commission 
     Act of 2007, full implementation of the US-VISIT air exit 
     capability is required for increased flexibility to expand 
     the Visa Waiver Program, which would help increase tourism to 
     the United States.


                   IV. Limitations and Accountability

       Furthermore, we believe it is essential to ensure that the 
     Corporation's funds are invested only in low risk vehicles 
     and that none of the funds provided to the Corporation be 
     used to directly promote or advertise a specific corporation. 
     Finally, we understand that under this bill, Congress has 
     full and complete access to the books and records of the 
     Corporation. We would suggest that the Corporation 
     proactively send its marketing plan to Congress.


                               V. Summary

       While there is strong support in the House for passage of 
     S. 1023, the Travel Promotion Act of 2009, we remain 
     concerned about some aspects of the bill. We look forward to 
     working with you to conduct vigorous oversight of the Travel 
     Promotion Act once it is law and to make any changes to the 
     legislation that may become necessary. Thank you in advance 
     for clarifying your thoughts on the matters discussed in this 
     letter.
           Sincerely,
     Henry A. Waxman,
                                                         Chairman.
     John D. Dingell,
     Chairman Emeritus.
                                  ____

         U.S. Senate, Committee on Commerce, Science, and 
           Transportation,
                                  Washington, DC, October 7, 2009.
     Hon. Henry A. Waxman,
     Chairman, House Committee on Energy and Commerce, Rayburn 
         House Office Building, Washington, DC.
     Hon. John D. Dingell,
     Chairman Emeritus, House Committee on Energy and Commerce, 
         Rayburn House Office Building, Washington DC.
       Dear Chairman Waxman and Chairman Emeritus Dingell, Thank 
     you for your letter regarding S. 1023, the Travel Promotion 
     Act of 2009. We appreciate your significant interest in and 
     contributions to this important piece of economic development 
     legislation.
       Many members of the Senate have praised this legislation 
     for two main reasons. First, the legislation would stimulate 
     the economy at a time when our country is facing record level 
     job losses and deficits. A study by Oxford Economics showed 
     that a coordinated international travel promotion campaign, 
     such as the type that would be created by S. 1023, could 
     drive as much as $8 billion in new spending and create nearly 
     $1 billion in tax revenues annually. Additionally, the 
     Congressional Budget Office found that enacting S. 1023 would 
     have the added benefit of reducing budget deficits by $425 
     million over fiscal years 2010--2019. This is the rare bill 
     that stimulates economic growth while reducing the deficit at 
     the same time.
       Second, S. 1023 is a broadly bipartisan piece of 
     legislation. Authored by Senators Dorgan and Ensign, 53 
     senators signed on as co-sponsors to the measure. The Travel 
     Promotion Act of 2009 passed the Senate on September 9, 2009 
     by a vote of 79--19. While bipartisanship has been difficult 
     to achieve on many issues, the solidarity of support across 
     the aisle shows the Senate's strong commitment to enacting 
     this legislation. The travel industry is crucial to every 
     state and region, and we are excited to join together with 
     you and the members of the House to aid in sending this 
     important bill to President Obama's desk.
       Presuming House passage of the Travel Promotion Act of 2009 
     on Wednesday, October 7, 2009 and the President's signature 
     thereafter, we agree that the efficient and proper 
     implementation of the Act is the cornerstone of a successful 
     and equitable program. As Chairman of the Senate Committee on 
     Commerce, Science, and Transportation, joined by the Chairman 
     of the Subcommittee on Competitiveness, Innovation, and 
     Export Promotion and the author of S. 1023, please find the 
     following statements of intent regarding the Travel Promotion 
     Act of 2009.
       Consultation with the Department of Homeland Security and 
     the Department of State: One of the central purposes of the 
     Travel Promotion Act of 2009 is to assist in disseminating 
     information to foreign travelers about documents and 
     procedures required for admission to the United States. While 
     the Office of Travel Promotion and the Corporation would have 
     the mandated responsibility to serve as an outlet for this 
     information, in no way does the Act change the primary 
     responsibilities of the Departments of State and Homeland 
     Security for this function. The Department of Homeland 
     Security has authority over the entry portals to the United 
     States, and the Department of State is responsible for the 
     execution of the visa policy. The Act does not create an 
     express or implied ability for the Department of Commerce to 
     supersede either agency's responsibilities. The purpose of 
     the Office of Travel Promotion is to educate potential 
     foreign tourists regarding the visa and entry policies set by 
     those agencies--not to change visa and entry policies.
       It is our expectation that the consultation requirements 
     established in Sections 3 and 7 of the Act will establish an 
     open, ongoing and vigorous line of communication between the 
     Departments of Commerce, Homeland Security and State. The 
     goal is for the Commerce Department and the Office of Travel 
     Promotion to work closely with the other agencies to clearly 
     and accurately communicate visa and entry policies and to 
     improve the entry experience for international arrivals. In 
     that vein, we expect the Departments of Homeland Security and 
     State to work with the Department of Commerce to achieve the 
     goals of the Act, and we would insist that the Department of 
     Commerce, the Office of Travel Promotion, or the Corporation 
     for Travel Promotion not go forward with any communication 
     regarding the entry or visa process without prior 
     consultation with the Departments of State and Homeland 
     Security.
       Board of Directors Composition and Guidance: The Secretary 
     of Commerce has the responsibility of appointing the Board of 
     Directors for the Corporation for Travel Promotion, after 
     consultation with the Secretaries of Homeland Security and 
     State. In addition to the mandates regarding the Board 
     expressed in Section 2(a), (b), (c) and (d), we strongly 
     encourage the Secretary of Commerce to select board members 
     that are reflective of the diversity of our country. As with 
     any governmental posting, we would expect the Board to 
     reflect a balance of gender, racial and ethnic diversity.
       Section 2(g) limits the Board's ability to obligate or 
     expend more than $25 million without at least 6 members of 
     the Board present. We would strongly suggest that as part of 
     the Board's procedures and rules of corporate governance that 
     at least 5 members be present before the authorization, 
     obligation or expenditure of any funds for campaigns, 
     promotions or related efforts.
       Small Business Representation and Diversity of Contractors: 
     Approximately 90 percent of all employers that are part of 
     the travel industry are small businesses. One of the primary 
     purposes of the Act is to craft campaigns to encourage 
     overseas travelers to come to America so these small 
     businesses generate new revenue and create new jobs. Because 
     small businesses play a vital role in the travel industry, we 
     strongly encourage the Secretary of Commerce to select

[[Page 24304]]

     board members who have knowledge and expertise of small 
     businesses. We expect the Board and the Executive Director to 
     strive to make certain that promotional efforts benefit small 
     businesses in every region. In the planning and execution of 
     campaigns, the Corporation should make special efforts in the 
     bidding and contract process to target small businesses and 
     businesses owned by women and minorities.
       Considerations for Promotion Campaigns: The Corporation and 
     the Office for Travel Promotion shall plan and execute the 
     promotion campaigns to maximize the return of investment for 
     each advertising dollar expended. The campaigns should be 
     comprehensive in scope and should advertise in all regions of 
     the world to encourage overseas arrivals to the United 
     States.
       Per the mandate in Section 2(e)1(D), the Corporation shall 
     develop and execute a plan to generate international tourism 
     benefits for all states and the District of Columbia and to 
     identify opportunities and strategies to encourage tourism to 
     underserved rural and urban areas equally, including areas 
     not traditionally visited by international travelers. It is 
     our intention that U.S. territories are included in the 
     promotional plan along with the states and District of 
     Columbia. We expect the Corporation and the Office of Travel 
     Promotion to vigorously implement and execute this mandate.
       Accountability and Oversight: Section 3(c) of the Act 
     mandates that the Secretary of Commerce transmit an annual 
     report to Congress, which shall include a comprehensive and 
     detailed report of the operations, activities, financial 
     condition and accomplishments of the Corporation. To aid in 
     the oversight of the Corporation and the Office of Travel 
     Promotion, we strongly suggest the Corporation submit its 
     marketing plan to the Senate Committee on Commerce, Science, 
     and Transportation and the House Committee on Energy and 
     Commerce.
       Corporation for Travel Promotion Funding: The Corporation 
     has the fiduciary duty to collect and ascertain the quality 
     of the private sector contributions, protect the corpus of 
     the fund from undue and unnecessary risks, and to make 
     certain that the funds are not used in a discriminatory 
     fashion.
       In-Kind Goods and Services: The Act allows for up to 80 
     percent of the private sector contribution be fulfilled with 
     in-kind contributions of goods and services that are 
     appropriate to carry out the dictates of the Act. The 
     Corporation shall be very conservative in its acceptance of 
     these goods and services. The contributions must be directly 
     useable for the campaigns, their value assessed at current 
     fair market rates, and they must have true commercial value. 
     In making that evaluation, we suggest that the good or 
     service be able to be sold on the open market and garner the 
     assessed fair market return. As example, but not for the 
     purposes of limiting the discretion of the Corporation, we 
     would consider television air-time or print advertising space 
     to be examples of goods and services that would be 
     appropriate for acceptance and usage.
       Protecting the Corpus of the Fund: As part of its fiduciary 
     duties to protect the Fund, the Board of Directors must 
     invest the fund in conservative investment vehicles, such as 
     Unites States Government Treasury Bills. While the 
     Corporation should invest a $200 million dollar corpus to 
     take advantage of the fund's size to benefit American travel 
     businesses and taxpayers, the Fund should not be exposed to 
     undue risk.
       Prohibition on Discriminatory Fund Distribution and 
     Campaign Focus: As mandated in Section 2(e), the 
     international travel advertising campaign must benefit all 
     states and the District of Columbia. We read this mandate as 
     strictly forbidding the Corporation from expending funds to 
     promote one specific company. The campaign should promote 
     travel to the United States to provide benefits to multiple 
     regions and businesses. A campaign singling out specific 
     travel related companies would violate Section 3(d) of the 
     Act.
       Governmental Responsibilities for Collecting and 
     Distributing Funds: We expect the Departments of Commerce, 
     Homeland Security and Treasury to work together 
     collaboratively to execute the collection and distribution of 
     monies to the Travel Promotion Fund.
       Department of Homeland Security and Electronic System for 
     Travel Authorization (ESTA) Funding Discretion: The Travel 
     Promotion Act of 2009 mandates that the Secretary of Homeland 
     Security establish and collect a fee from visa waiver 
     travelers to use the ESTA for the Travel Promotion Fund and 
     an amount to ensure the costs of providing and administering 
     the system. This mandate does not supersede or limit any 
     additional authority or discretion for the Department of 
     Homeland Security to pay for ESTA administration with other 
     funds. The need for this additional ESTA fee is at the 
     determination of the Secretary. If the ESTA system is funded 
     by other means, the Secretary of Homeland Security shall 
     collect the minimum $10 for the Travel Promotion Fund as 
     mandated by the Travel Promotion Act of 2009.
       Usage of Fees after seeding the Travel Promotion Fund: The 
     Travel Promotion Fund Fee as established in Section 5 of the 
     Act is to provide the funding level mandated by the year of 
     collection. After the Federal contribution level for the Fund 
     has reached its annual cap, we strongly suggest that any 
     funds collected beyond that level may be used to complete 
     visa waiver system improvements to the ESTA.
       The Department of Commerce is the Primary Agency: The 
     Department of Commerce is responsible for administering the 
     Travel Promotion Fund. As part of the Secretary's duties, 
     which include selecting the Board of Directors of the 
     Corporation, overseeing the Office of Travel Promotion within 
     the Department, and executing the accountability measures 
     mandated by the Act, the Secretary also is responsible for 
     administering the Fund. The Department of the Treasury is not 
     responsible for administering the Travel Promotion Fund; its 
     responsibilities are limited to holding and distributing the 
     funds to the Corporation of Travel Promotion.
       Again, we thank you for your consideration and assistance 
     in bringing the Travel Promotion Act of 2009 before the House 
     for a vote. The Senate Committee on Commerce, Science and 
     Transportation will stand with you to execute aggressive and 
     exacting oversight of the implementation and execution of S. 
     1023. As always, we look forward to working with you on this 
     and other matters before our Committees.
           Sincerely,
     John D. Rockefeller IV,
       Chairman
     Amy Klobuchar,
       Chairman, Subcommittee on Competitiveness, Innovation and 
     Export Promotion.
     Byron L. Dorgan,
       U.S. Senator.

  Ms. LORETTA SANCHEZ of California. I thank my colleague for her 
continued support, and I look forward to working with you on this 
issue.
  Mr. Speaker, I rise in support of S. 1023 the Travel Promotion Act, 
and the underlying bill, H.R. 1035, the Morris K. Udall Scholarship and 
Excellence in National Environmental Policy Amendments Act of 2009.
  The Travel Promotion Act would help establish an independent non-
profit corporation that would provide and maintain useful tourist 
information.
  Most importantly, this bill will further educate potential tourists 
abroad about the U.S. entry policies.
  As the Chairwoman of the Subcommittee in charge of all ingress and 
egress into our country, this bill will play an important role in 
educating foreign travelers about our border and port of entry 
procedures and will help clear up misconceptions about traveling to the 
United States.
  This outreach and expansion will improve research and development 
activities to promote international travel to the United States at a 
time when many foreigners are wary of traveling to our country.
  Foreign travelers traditionally stay in a visited region longer and 
spend more money during their stay than domestic travelers do.
  This bill will find ways to encourage more foreign travelers to visit 
the United States.
  As the Representative of the district that includes the happiest 
place on earth, Disneyland, this bill is crucial to my district.
  In Orange County, the tourist industry alone supports approximately 
160,000 jobs, both directly and indirectly.
  Furthermore, in 2008 tourism brought in over 43 million visitors, 
including 2.5 million foreign visitors, to Orange County, California.
  These visitors generated over 7.9 billion dollars in spending which 
provided critical support to local businesses and governments.
  I want to thank Representative Delahunt, Senator Dorgan, and the 
leadership of both the House and Senate for advocating for this 
legislation.
  I urge my colleagues to vote for the underlying legislation and pass 
H.R. 1035.
  Ms. CASTOR of Florida. Mr. Speaker, I'd also like to add for the 
Record that we intend to work with Congressman Doyle of Pennsylvania 
regarding nonprofit cultural destinations as part of the bill.
  I reserve the balance of my time.
  Mr. BLUNT. Mr. Speaker, I would like to join Mr. Roe in supporting 
the Morris K. Udall Act, and that now includes the Travel Promotion 
Act, an act that passed this body in the last Congress with 244 
cosponsors and by voice vote, a very similar piece of legislation we 
sent to the Senate and to the other body in the last Congress. I'd also 
like to thank my good friend, Mr. Delahunt from Massachusetts, for his 
sponsorship of the House version of this legislation, and my co-Chair 
of the House Travel and Tourism Caucus, Mr. Farr from California, for 
his support and advocacy of this bill. Also, Mr. Barton from Texas, Mr. 
Radanovich

[[Page 24305]]

from California, Mr. King from New York and Mr. Smith from Texas have 
been helpful in moving this bill through the process.
  I believe that the House bill was superior in some ways to the Senate 
bill, but the goal of both of these bills is a worthy goal. It's a goal 
that this Congress should move forward with. Every State and every 
congressional district is a tourism destination. In Missouri, whether 
it's the St. Louis Arch, the world's largest sporting goods store in 
Springfield, Missouri, the Bass Pro Shop, or for the 8.4 million 
tourists that visited Branson, Missouri, last year, all benefit from 
tourism, and our country benefits from international visitors and 
international tourism.
  This bill does create a fee paid by visitors to the United States 
that, in fact, based on information I have, is lower than the entry and 
exit fees in the countries that are generally discussed. The Czech 
Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, 
Italy, Lithuania, the Netherlands, Slovenia, Spain, Sweden, and the 
U.K. all have entry fees for Americans that would exceed this entry fee 
that would allow us to have a matching fund to encourage international 
tourism.
  After barely recovering to its pre-9/11 numbers in 2007, 
international tourism took a 17 percent decline. The bill we're 
considering today will remind people overseas of what the United States 
has to offer. The corporation created by this bill will be composed of 
individuals with expertise across the spectrum that will show the value 
and the logistics of international travel. Foreign travelers to the 
United States spend more time in the country than the average domestic 
traveler. They spend more money, and frankly, in virtually every case, 
they like Americans and America better after they've visited here than 
they did when they first came. I'm hopeful the House will pass this 
legislation today, and I'm looking forward to seeing it signed into 
law.
  I reserve the balance of my time.
  Ms. CASTOR of Florida. Mr. Speaker, I am proud to yield 1 minute to 
my colleague from the House Energy and Commerce Committee, Mrs. 
Christensen from the Virgin Islands.
  Mrs. CHRISTENSEN. Mr. Speaker, as a member of Energy and Commerce and 
also a former Steering Committee Member of the Travel and Tourism 
Caucus and a cosponsor of this bill, I too support its enactment with 
the understanding that its implementation will benefit the territories 
and not just the 50 States. So I want to thank Ms. Castor, Mr. 
Delahunt, Mr. Blunt and others for their work on the bill; thank them 
for the exchange of letters clarifying the application of the 
territories, and we look forward to working with you on the 
implementation of the bill.

                              {time}  1630

  Mr. BLUNT. I am wondering if I can enter into a colloquy with the 
gentleman from Massachusetts, the principal sponsor of this bill, Mr. 
Delahunt.
  Mr. Delahunt, as this legislation advances, it's important that tour 
operators, most of which are small businesses involved in inbound U.S. 
travel, are not adversely affected and that any marketing Web site the 
corporation will create is protected from being misused in a way that 
would favor particular companies or segments of the industry over any 
other and would provide equal access and choice. There are three issues 
I need to have further clarification on as we move forward.
  First, the board of directors of the Corporation for Travel Promotion 
created by this legislation will include representatives from many 
sectors of the travel industry. I'm hopeful that at least one member of 
this board will be a representative from the receptive/inbound tour 
operator sector. In addition, given their current efforts to market the 
United States as part of their business model, tour operators should be 
excluded from any assessment the corporation may impose.
  Second, any marketing Web site the corporation might create may 
include destination information for all 50 States, the U.S. 
territories, and the District of Columbia; but it should not include an 
internal consumer booking engine or reservation system that would 
infringe on the services provided by existing travel operators.
  A Web site should include no link to sites promoting non-U.S. 
destinations except those I mentioned, and any external Web links on 
the site, including those connected to paid advertisements, should be 
prohibited from the homepage.
  Third, any advertising space on a Web site the corporation might 
create should be equally available to any sector or company promoting 
travel to the United States and should not be focused on any one 
sector. To ensure this availability, I'd encourage the corporation to 
ensure that no single entity be allowed to purchase more than 5 percent 
of the total advertising space available on the marketing Web site, and 
at least 10 percent of the space offered should be reserved for small 
businesses. No industry segment should receive any favored pricing or 
access.
  I respectfully ask my friend from Massachusetts that he work with me 
to ensure that all sectors of our travel industry be protected and any 
Web site created by the corporation be used effectively and without 
abuse.
  I yield to the gentleman.
  Mr. DELAHUNT. I want to thank the gentleman from Missouri for 
bringing these concerns to our attention and to the floor. I want to 
assure the gentleman that these points and these issues are important 
to the success and effectiveness of this legislation, and I'm in full 
agreement with the gentleman.
  Mr. BLUNT. I reserve the balance of my time, Mr. Speaker.
  Ms. CASTOR of Florida. Mr. Speaker, I yield 3 minutes to the original 
sponsor of the Travel Promotion Act, the gentleman from Massachusetts 
(Mr. Delahunt).
  Mr. DELAHUNT. I thank the gentlelady for her leadership on this 
effort and the work that many who are sitting here have contributed to 
today's debate on the floor.
  As has been indicated, the bill addresses the sharp decline in the 
number of overseas visitors to the United States. There were over 
600,000 fewer visitors in 2008 than there were in 2000. This is 
happening as the world travel market is expanding but our market share 
is plummeting. In other words, overseas tourists and businessmen and 
students are going elsewhere. This has a devastating consequence to our 
economy, as one of every eight nonfarm jobs is created directly or 
indirectly through travel and tourism.
  This drop in foreign travel during the 7-year period from 2001 to 
2008 translates into a loss of $182 billion in visitor spending, a loss 
of $27 billion in tax revenue, and the loss of more than 200,000 
American jobs annually. The question is: Why? Why did this happen?
  The reason is painfully simple. We don't make a coherent effort to 
tell America's story, to say to foreign visitors that they are welcome 
here or to explain the confusing and sometimes intimidating rules and 
delays and even indignities that have become part of our visa and 
border entry process since 9/11.
  Just last week, an International Olympic Committee member from 
Pakistan went out of his way in explaining his vote against Chicago to 
host the games to note that going through the United States customs can 
be a harrowing experience.
  This legislation would clarify misperceptions about security 
protocols and other confusing aspects of our entry process that scare 
away potential visitors in droves and to communicate unambiguously: 
welcome to the United States.
  And the best part: it would not cost U.S. taxpayers a penny. The 
program is partially funded by a $10 fee charged to visitors under the 
Visa Waiver Program. The rest of the cost is defrayed by the U.S. 
travel industry itself. In fact, it will actually reduce the deficit by 
some $400 million. So it's a win for the economy, it's a win for 
American foreign policy, and it's a win for fiscal responsibility.
  So I urge my colleagues to join my friend from Missouri (Mr. Blunt) 
and I, along with the co-Chair of the Travel Caucus, Mr. Farr, in 
voting for this

[[Page 24306]]

legislation. I look forward to getting this program under way within 
the next few months.
  I understand that the gentlelady from Guam wishes to enter into a 
colloquy.
  Ms. CASTOR of Florida. I'll yield the gentleman an additional 1\1/2\ 
minutes.
  Mr. DELAHUNT. I yield to the gentlelady from Guam.
  Ms. BORDALLO. I thank my colleague for yielding, and I rise to 
clarify the application of the Travel Promotion Act to the territories. 
Of chief interest to me and my colleagues representing the territories 
is ensuring that the travel promotion mandates of this legislation 
fully encompass and take into account the territories.
  Tourism is a critical component of the economies of the territories 
Guam, Puerto Rico, the Virgin Islands, American Samoa, and the Northern 
Mariana Islands.
  I support the underlying bill. Given the territories depend heavily 
on tourism and will make contributions to the Travel Promotion Fund, 
they should be included.
  I ask my colleagues, Mr. Delahunt and Mr. Blunt, to clarify its 
application of the territories.
  Mr. DELAHUNT. I thank the gentlelady from Guam for raising this issue 
and for her leadership. It is not the intent of this body for the 
territories to be excluded from the mandate of the Corporation for 
Travel Promotion or from the scope of duties prescribed by the bill for 
the offices within the Department of Commerce.
  This bill should be interpreted, rather, as granting the corporation 
both the authority and obligation to promote tourism in the 
territories.
  Ms. BORDALLO. I thank the gentleman.
  Mr. BLUNT. Mr. Speaker, I second the views expressed by my friend 
from Massachusetts. The territories should, without question, be made 
part of the corporation's and the Commerce Department's effort to 
promote international travel.
  Having traveled to the territories, I recognize the value of their 
visitor industries to their economic development and reiterate our 
expectation that this legislation, when implemented, will take into 
account travel promotion for the territories.
  Mr. Speaker, I'd like to yield 2 minutes to my friend from California 
(Mr. Farr). He and I are co-Chair of the Travel and Tourism Caucus. 
Again, every State and probably every congressional district feels that 
it has a tourism destination. And over 100 Members of the Congress are 
members of the Travel and Tourism Caucus to promote that important part 
of our economy, and nobody more actively does that than Mr. Farr.
  Mr. FARR. Thank you very much, Mr. Blunt, for yielding and for the 
nice comments. I co-chair, as Mr. Blunt said, the Travel and Tourism 
Caucus. This is a caucus that is essentially looking at how we can 
increase the usage of travel and tourism in the United States. The 
travel and tourism industry is the biggest industry in the United 
States--in fact, the world.
  If you really look at this bill, it's called the Travel Promotion 
Act, but this is really about jobs--jobs and jobs. It's about 
understanding the United States of America and its territories. It's 
about peace, because it's about people. I think it's especially about 
jobs everywhere, because every part of the United States has something 
special to offer. Yet, we never take the advantage of telling anybody 
overseas about that. We have never done that.
  You watch television today and there's countries all over the world 
advertising for you to come there. We're not doing that. This allows us 
to do that, but with private money, not taxpayer money. So it's a paid-
for bill.
  If anybody has been watching the Ken Burns series on the national 
parks, the comments I've heard and I felt were, Wow, I'm really proud 
to be an American. That is a beautiful series about the United States. 
That's not shown overseas. People don't know about all these assets 
that we have.
  This act is going to allow that process to attract people. So, in a 
way, it is the biggest job promoter that we do, because it's the 
biggest industry, and it's everywhere.
  The average international visitor spends $4,500 per visit. That's 
more than we spend when we're traveling around the United States.
  So I think this is good for America, it's good for the world, it's 
good for peace and understanding. But, most of all, it's good for 
putting people back to work in the United States of America. Please 
support this act.
  Ms. CASTOR of Florida. Mr. Speaker, may I inquire how much time is 
left on both sides.
  The SPEAKER pro tempore. The gentlewoman from Florida has 5 minutes 
remaining. The gentleman from Missouri has 9\1/2\ minutes remaining.
  Ms. CASTOR of Florida. At this time I am pleased to yield 1 minute to 
my good friend, the gentlewoman from Nevada (Ms. Titus).
  Ms. TITUS. I rise in strong support of the Travel Promotion Act of 
2009. Passage of the Travel Promotion Act is vital to my congressional 
district in southern Nevada. The current economic recession has hit our 
area especially hard, and unemployment is at an all-time high because 
travel and tourism revenue, the driver of our local economy, has 
declined dramatically.
  Travel and tourism generate billions in tax revenue for local, State 
and Federal governments. Nationally, the travel and tourism industry 
employs 7.7 million people. In Nevada, more than 450,000 jobs are 
created by travelers who pumped $34.5 billion into the Nevada economy 
in 2007.
  This act will bring millions of additional travelers to the United 
States at no cost to our taxpayers; it will create a public-private 
partnership to promote our Nation as a leading international travel 
destination; and it will communicate U.S. security and entry policies 
to people abroad. It's estimated that the program will generate $4 
billion in new spending and $321 million in new Federal tax revenue 
annually.
  So I strongly support passage of the Travel Promotion Act. It will 
help our economy in Nevada and across the Nation.
  Mr. BLUNT. I continue to reserve the balance of my time.
  Ms. CASTOR of Florida. At this time I'm very pleased to yield 1 
minute to my good friend, the gentleman from the great State of Florida 
(Mr. Klein).
  Mr. KLEIN of Florida. I thank the gentlelady. Mr. Speaker, I rise to 
support the Travel Promotion Act for all the reasons that have been 
discussed so far. Tourism is an economic engine for our home State of 
Florida. From our pristine beaches to the Everglades to our large 
destination amusement parks, Florida has so much to offer both 
international and domestic tourists.
  The tourism industry creates jobs in all sorts of sectors: 
hospitality, construction, travel. In fact, in my home county of Palm 
Beach, as well as Broward County, 160,000 people are employed in 
tourism-related jobs, contributing over $11 billion to our local 
economy.
  The tourism industry has faced challenges this year, which is why it 
is imperative that Congress pass the Travel Promotion Act. This bill 
will greatly strengthen south Florida's ability and all over the United 
States the ability to attract tourists from abroad, which will in turn 
reinforce our local economies.
  I encourage our colleagues to join me in supporting this legislation.
  Mr. BLUNT. I continue to reserve the balance of my time.
  Ms. CASTOR of Florida. At this time I'm very pleased to yield 1 
minute to my good friend, the gentlewoman from Nevada (Ms. Berkley).
  Ms. BERKLEY. I thank the gentlelady for yielding, and I particularly 
thank Mr. Delahunt for his steadfast leadership on this issue.

                              {time}  1645

  Mr. Speaker, I rise today in strong support of the Travel Promotion 
Act. In these difficult economic times, this bill is vital for our 
Nation's economy. It is essential to my hometown and congressional 
district of Las Vegas, which is the very definition of tourism and 
travel.

[[Page 24307]]

  Last year, the United States lost nearly 200,000 travel-related jobs. 
In my district of Las Vegas and North Las Vegas, we've been hit 
particularly hard, with one of the highest unemployment rates in the 
country and a hotel occupancy rate just about as low as we've ever seen 
it.
  This bill will bring back these jobs and put Americans back to work. 
Independent economists say that for every dollar we spend on this 
program, we will bring in $3 of increased revenue from added jobs and 
economic growth that will be created by increased tourism to our 
country. And this could be accomplished without adding to our national 
debt.
  Every State in our Nation benefits from tourism. Tourism is one of 
the largest industries in America. Whether you have mountains, beaches, 
amusement parks, vineyards, ballparks, historic monuments or gaming, we 
all benefit from this bill.
  This is a great piece of legislation that will help energize our 
economy at a time when we need it most. I urge support for this bill.
  Mr. BLUNT. I continue to reserve the balance of my time.
  Ms. CASTOR of Florida. Mr. Speaker, I am the last speaker on my side, 
so I will reserve my time. I have the right to close.
  Mr. BLUNT. Mr. Speaker, I would say that I'm as hopeful as all the 
speakers have been that this bill passes, that this effort encourages 
foreign travel and that this effort encourages that important segment 
of our economy. This is an area where the United States has a lot to 
gain by encouraging foreign travelers who, as we've said before, come, 
stay longer, they spend more and they like us better. It's an important 
part of our diplomacy. It's an important part of our economy.
  I urge the passage of this bill, and I yield back the balance of my 
time.
  Ms. CASTOR of Florida. Mr. Speaker, I would like to thank the 
gentleman from Missouri for his support in all of his endeavors to 
promote travel and tourism in the United States of America.
  My hat is also off to Congressman Delahunt from Massachusetts who 
certainly understands the importance of reviving our economy and 
bringing good, clean industry jobs in the tourism and travel sector to 
our great Nation.
  We need the Travel Promotion Act now more than ever during this 
economic downturn. The Travel Promotion Act is a jobs bill. It is a 
vital economic development initiative to help us combat this horrendous 
economic downturn.
  Mr. SABLAN. Mr. Speaker, I rise today in support of H.R. 1035, the 
Morris K. Udall Scholarship and Excellence in National Environmental 
Policy Amendments Act of 2009, as amended. Specifically Title II, which 
consists of the full text of S-1023, the Travel Promotion Act of 2009. 
Tourism is the main driver of the economy of the Northern Mariana 
Islands and for the other U.S. Territories. S- 1023 would establish the 
Corporation for Travel Promotion (Corporation) and the Travel Promotion 
Fund, both of which I support, and recognizes the need for the United 
States government to have an active role in promoting tourism to the 
U.S. In addition, it allows the collection of an entry fee through 2014 
for foreign visitors to the U.S., including the Territories. However, 
S-1023 as currently written does not recognize the Territories, even 
though the majority of our visitors are foreign visitors and will be 
paying the assessed fee. Like a taxpayer who pays into a system, you 
should expect to get some benefit, and this is no different. I 
appreciate the gentlelady from Guam and Representative Delahunt for 
their colloquy in ensuring that the intent of this Congress in S-1023 
is to include the Territories and ensure they receive the full benefits 
of the activities of the Corporation under this important legislation. 
Tourism is one of the major industries in our country and in the 
Northern Mariana and the Territories, it is our economic lifeline and I 
urge my colleagues to support this legislation.
  Mr. DINGELL. Mr. Speaker, while I support H.R. 1035, the ``Morris K. 
Udall Scholarship and Excellence in National Environmental Policy 
Amendments Act of 2009,'' I rise to voice my most rigorous protest at 
its inclusion of S. 1023, the ``Travel Promotion Act of 2009.'' This 
legislation, which has not benefitted from proper consideration by the 
various committees of jurisdiction in this body, creates an unnecessary 
Corporation for Travel Promotion. In sharp contrast to my long-held 
view that private corporations can and should promote travel to the 
United States on their own, the Corporation for Travel Promotion, 
comprised of companies from the travel and tourism industry, will be 
the recipient of taxpayer funds to finance its operations. Admittedly, 
the Corporation will be required to match public sector funds with 
contributions from its members, but these matching contributions may be 
up to 80 percent in the form of goods and services, whose value is to 
be determined by the Corporation itself. This outrage underscores the 
deficient public oversight to which the Corporation will be subject, as 
well as the fundamental dearth in meaningful constraints placed on its 
operation under pending statute. Further illustration of this is the 
legislation's omission of a provision to prevent the Corporation from 
acting solely in the benefit of one constituent member, as well as no 
requirement that public funds appropriated to the Corporation be 
returned to the Treasury in the event they are not expended.
  The questions of the Corporation's establishment, functioning, and 
funding aside, I feel S. 1023 neglects to consider the more basic 
reasons for declining travel to the United States. Anecdotal evidence 
suggests potential foreign visitors take issue with America's 
reputation of late, particularly in the wake of the Iraq War, and 
moreover are confused and very likely offended by the difficulties of 
obtaining a visa to this country and the unfriendly treatment when they 
arrive at its borders. We would do well to examine what must be done in 
order to rehabilitate our image internationally, as well as how to 
facilitate easier entry into this country, while maintaining a 
necessary degree of security. In short, simply creating a corporation 
to promote travel to the U.S. will not address the more essential 
elements of why fewer foreigners decide to come to our country as 
tourists.
  Finally, I must also object to the apparent failure of this body to 
afford the Travel Promotion Act proper consideration under the auspices 
of regular order. I would note that during the 110th Congress, the 
Committees on Energy and Commerce, the Judiciary, and Homeland Security 
worked cooperatively to produce an amended version of this legislation 
for consideration by the full House. While I confess that bill was in 
no way perfect, it included much-needed improvements to the oversight 
and accountability measures applicable to the Corporation and, in my 
view, represented a more palatable alternative to the measure before us 
for consideration today.
  In closing, I intend to vote in favor of H.R. 1035 but must voice my 
most rigorous protest at its inclusion of the Travel Promotion Act, 
legislation I find remarkably lacking in merit and deficient in due 
deliberation by this body.
  Ms. CASTOR of Florida. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules 
and agree to the resolution, H. Res. 806.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. CASTOR of Florida. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________