S.Amdt. 1323

1. Rewrites page 19, line 13 through page 25, line 10

   ReplacesPrinted page

   Removes page 19, line 13 through page 25, line 10 of the printed bill. See that page

   Inserted: SEC. 5. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.

   Inserted: (a) Travel Promotion Fund Fees.--Section 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended to read as follows:

   Inserted: "(B) Fees.--

   Inserted: "(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--

   Inserted: "(I) $10 per travel authorization; and

   Inserted: "(II) an amount that will at least ensure recovery of the full costs of providing and administering the System, as determined by the Secretary.

   Inserted: "(ii) Disposition of amounts collected.--From the amounts collected under clause (i)(I), $100,000,000 shall be credited to the Travel Promotion Fund established under section 4 of the Travel Promotion Act of 2009, and any additional amounts shall be used by the Secretary for travel security programs authorized under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), including the Electronic System for Travel Authorization (ESTA) and the United States Visitor and Immigrant Status Indicator Technology (US-VISIT). Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to administer the System.

   Inserted: "(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.".

   Inserted: (b) Strategic Plan.--

   Inserted: (1) In general.--Section 217(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)) is amended by adding at the end the following:

   Inserted: "(E) Strategic plan.--

   Inserted: "(i) Submission.--Not later than 180 days after the date of the enactment of the Travel Promotion Act of 2009, the Secretary of Homeland Security shall prepare and submit a strategic plan to the recipients listed under clause (ii) that describes how the full implementation of the System will ensure that all individuals traveling by airplane to the United States from a program country have their travel authorization verified before boarding the airplane.

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   Inserted: "(ii) Recipients.--The strategic plan prepared under clause (i) shall be submitted to--

   Inserted: "(I) the Committee on Appropriations of the Senate;

   Inserted: "(II) the Committee on Homeland Security and Governmental Affairs of the Senate;

   Inserted: "(III) the Committee on the Judiciary of the Senate;

   Inserted: "(IV) the Committee on Appropriations of the House of Representatives;

   Inserted: "(V) the Committee on Homeland Security of the House of Representatives;

   Inserted: "(VI) the Committee on the Judiciary of the House of Representatives; and

   Inserted: "(VII) the Comptroller General of the United States.

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

   Inserted: "(I) Enrollment of all travelers from program countries into the System.

   Inserted: "(II) Incorporation of the airlines into the System.

   Inserted: "(III) Deployment of the technology of the System in all airports located in program countries, either through the use of standalone kiosks or through the participation of the airlines.

   Inserted: "(IV) Verification of travel authorizations of all aliens described in subsection (a) before they board an airplane bound for the United States.

   Inserted: "(V) Administration of the System solely with fees collected under subparagraph (B)(i)(II).

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

   Inserted: "(I) an analysis of the System's communications strategy; and

   Inserted: "(II) recommendation for improving the communications strategy to ensure that all travelers to the United States from program countries are informed of the requirements under this section.".

   Inserted: (2) GAO review.--Not later than 90 days after receiving a copy of the strategic plan under section 217(h)(3)(E) of the Immigration and Nationality Act, as added by paragraph (1), the Comptroller General shall complete a review of the plan to determine whether the plan addresses the main security risks associated with the Electronic System for Travel Authorization in an efficient, cost effective, and timely manner.

   Inserted: (c) Funding Limitation.--None of the amounts made available to the Secretary of Homeland Security under section 217(h)(3)(B)(i)(II) of the Immigration and Nationality Act, as added by subsection (a), to carry out the Electronic System for Travel Authorization authorized under section 217(h)(3) of such Act may be expended until the Secretary submits the strategic plan required by section 217(h)(3)(E) of such Act.

   Inserted: SEC. 6. ASSESSMENT AUTHORITY.

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Referenda.--

   Inserted: (1) In general.--The Corporation may not impose an annual assessment unless--

   Inserted: (A) the Corporation submits the proposed annual assessment to members of the industry in a referendum; and

   Inserted: (B) the assessment is approved by a majority of those voting in the referendum.

   Inserted: (2) Procedural requirements.--In conducting a referendum under this subsection, the Corporation shall--

   Inserted: (A) provide written or electronic notice not less than 60 days before the date of the referendum;

   Inserted: (B) describe the proposed assessment or increase and explain the reasons for the referendum in the notice; and

   Inserted: (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.

   Inserted: (d) Collection.--

   Inserted: (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.

   Inserted: (2) Enforcement.--The Corporation may bring suit in Federal court to compel compliance with an assessment levied by the Corporation under this Act.

   Inserted: (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.

   Inserted: SEC. 7. OFFICE OF TRAVEL PROMOTION.

   Inserted: 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:

   Inserted: "SEC. 202. OFFICE OF TRAVEL PROMOTION.

   Inserted: "(a) Office Established.--There is established within the Department of Commerce an office to be known as the Office of Travel Promotion.

   Inserted: "(b) Director.--

   Inserted: "(1) Appointment.--The Office shall be headed by a Director who shall be appointed by the Secretary.

   Inserted: "(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.

   Inserted: "(3) Duties.--The Director shall--

   Inserted: "(A) report to the Secretary;

   Inserted: "(B) ensure that the Office is effectively carrying out its functions; and

   Inserted: "(C) perform a purely advisory role relating to any responsibilities described in subsection (c) that are related to functions carried out by the Department of Homeland Security or the Department of State.

   Inserted: "(4) Rule of construction.--Nothing in this section may be construed to override the preeminent role of the Secretary of Homeland Security in setting policies relating to the Nation's ports of entry and the processes through which individuals are admitted into the United States.

   Inserted: "(c) Functions.--The Office shall--

   Inserted: "(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;

   Inserted: "(2) work with the Corporation, the Secretary of State and the Secretary of Homeland Security--

   Inserted: "(A) to disseminate information more effectively to potential international visitors about documentation and procedures required for admission to the United States as a visitor;

   Inserted: "(B) to advise the Secretary of Homeland Security on ways to improve the experience of incoming international passengers and to provide these passengers with more accurate information;

   Inserted: "(C) to collect accurate data on the total number of international visitors that visit each State; and

   Inserted: "(D) to advise the Secretary of Homeland Security on ways to enhance the entry and departure experience for international visitors through the use of advertising, signage, and customer service; and

   Inserted: "(3) support State, regional, and private sector initiatives to promote travel to and within the United States.

   Inserted: "(d) Reports to Congress.--Not later than 1 year after the date of the enactment of the Travel Promotion Act of 2009, and periodically thereafter, as appropriate, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives, which describes the Office's work with the Corporation, the Secretary of State, and the Secretary of Homeland Security to carry out subsection (c)(2).".

   Original wording

   On page 19, strike line 13 and all that follows through page 25, line 10, and insert the following:

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As printed