S.Amdt. 1361

SA 1361. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 1347 proposed by Mr. Dorgan (for himself and Mr.
Rockefeller) to the bill S. 1023, to establish a non-profit corporation
to communicate United States entry policies and otherwise promote
leisure, business, and scholarly travel to the United States; which was
ordered to lie on the table; as follows:

On page 9, strike line 20 and all that follows through page
23, line 6, and insert the following:
(4) Review of information.--
(A) Submission.--The Corporation shall submit all
information relating to United States Government travel and
visa requirements proposed to be disseminated to foreign
travelers under paragraphs (1)(A) and (3) to the Secretary of
State and Secretary of Homeland Security for review in order
to ensure that the travel promotion campaigns funded through
the Travel Promotion Fund are factually accurate.
(B) Review and feedback.--Not later than 10 business days
after receiving information from the Corporation under
subparagraph (A), the Secretary of State and the Secretary of
Homeland Security shall each--
(i) complete a review of the factual content of the
information submitted by the Corporation under subparagraph
(A); and
(ii) correct any factual errors discovered in such
information.
(C) Limitation.--The Secretary of State and the Secretary
of Homeland Security shall limit their review under this
paragraph to the factual content of the information that the
Corporation is proposing to disseminate.
(D) Changes.--The Corporation shall make all reasonable
changes to the factual content of the information it proposes
to disseminate to foreign travelers based on the feedback
received from the Secretary of State and the Secretary of
Homeland Security to ensure that such information is
accurate.
(E) Effect of failure to respond.--If the Corporation does
not receive a response from the Secretary of State or the
Secretary of Homeland Security within 10 business days after
the receipt of the information submitted under subparagraph
(A), the factual content of the proposed information campaign
shall be deemed to have been authorized by the Secretary of
State and the Secretary of Homeland Security.
(f) Open Meetings.--Meetings of the board of directors of
the Corporation, including any committee of the board, shall
be open to the public. The board may, by majority vote, close
any such meeting only for the time necessary to preserve the
confidentiality of commercial or financial information that
is privileged or confidential, to discuss personnel matters,
or to discuss legal matters affecting the Corporation,
including pending or potential litigation.
(g) Major Campaigns.--The board may not authorize the
Corporation to obligate or expend more than $25,000,000 on
any advertising campaign, promotion, or related effort
unless--
(1) the obligation or expenditure is approved by an
affirmative vote of at least \2/3\ of the members of the
board present at the meeting;
(2) at least 6 members of the board are present at the
meeting at which it is approved; and
(3) each member of the board has been given at least 3 days
advance notice of the meeting at which the vote is to be
taken and the matters to be voted upon at that meeting.
(h) Fiscal Accountability.--
(1) Fiscal year.--The Corporation shall establish as its
fiscal year the 12-month period beginning on October 1.
(2) Budget.--The Corporation shall adopt a budget for each
fiscal year.
(3) Annual audits.--The Corporation shall engage an
independent accounting firm to conduct an annual financial
audit of the Corporation's operations and shall publish the
results of the audit. The Comptroller General of the United
States may review any audit of a financial statement
conducted under this subsection by an independent accounting
firm and may audit the Corporation's operations at the
discretion of the Comptroller General. The Comptroller
General and the Congress shall have full and complete access
to the books and records of the Corporation.
(4) Program audits.--Not later than 2 years after the date
of enactment of this Act, the Comptroller General shall
conduct a review of the programmatic activities of the
Corporation for Travel Promotion. This report shall be
provided to appropriate congressional committees.

SEC. 3. ACCOUNTABILITY MEASURES.

(a) Objectives.--The Board shall establish annual
objectives for the Corporation for each fiscal year subject
to approval by the Secretary of Commerce (after consultation
with the Secretary of Homeland Security and the Secretary of
State). The Corporation shall establish a marketing plan for
each fiscal year not less than 60 days before the beginning
of that year and provide a copy of the plan, and any
revisions thereof, to the Secretary.
(b) Budget.--The board shall transmit a copy of the
Corporation's budget for the forthcoming fiscal year to the
Secretary not less than 60 days before the beginning of each
fiscal year, together with an explanation of any expenditure
provided for by the budget in excess of $5,000,000 for the
fiscal year. The Corporation shall make a copy of the budget
and the explanation available to the public and shall provide
public access to the budget and explanation on the
Corporation's website.
(c) Annual Report to Congress.--The Corporation shall
submit an annual report for the preceding fiscal year to the
Secretary of Commerce for transmittal to the Congress on or
before the 15th day of May of each year. The report shall
include--
(1) a comprehensive and detailed report of the
Corporation's operations, activities, financial condition,
and accomplishments under this Act;
(2) a comprehensive and detailed inventory of amounts
obligated or expended by the Corporation during the preceding
fiscal year;
(3) a detailed description of each in-kind contribution,
its fair market value, the individual or organization
responsible for contributing, its specific use, and a
justification for its use within the context of the
Corporation's mission;

[[Page S6897]]

(4) an objective and quantifiable measurement of its
progress, on an objective-by-objective basis, in meeting the
objectives established by the board;
(5) an explanation of the reason for any failure to achieve
an objective established by the board and any revisions or
alterations to the Corporation's objectives under subsection
(a);
(6) a comprehensive and detailed report of the
Corporation's operations and activities to promote tourism in
rural and urban areas; and
(7) such recommendations as the Corporation deems
appropriate.
(d) Limitation on Use of Funds.--Amounts deposited in the
Fund may not be used for any purpose inconsistent with
carrying out the objectives, budget, and report described in
this section.

SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.

(a) Establishment of Travel Promotion Fund.--There is
hereby established in the Treasury a fund which shall be
known as the Travel Promotion Fund.
(b) Funding.--
(1) Start-up expenses.--For fiscal year 2010, the Secretary
of the Treasury shall make available to the Corporation such
sums as may be necessary, but not to exceed $10,000,000, from
amounts deposited in the general fund of the Treasury from
fees under section 217(h)(3)(B)(i)(I) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to cover the
Corporation's initial expenses and activities under this Act.
Transfers shall be made at least quarterly, beginning on
October 1, 2009, on the basis of estimates by the Secretary,
and proper adjustments shall be made in amounts subsequently
transferred to the extent prior estimates were in excess or
less than the amounts required to be transferred.
(2) Subsequent years.--For each of fiscal years 2011
through 2014, from amounts deposited in the general fund of
the Treasury during the preceding fiscal year from fees under
section 217(h)(3)(B)(i)(I) of the Immigration and Nationality
Act (8 U.S.C. 1187(h)(B)(i)(I)), the Secretary of the
Treasury shall transfer not more than $100,000,000 to the
Fund, which shall be made available to the Corporation,
subject to subsection (c), to carry out its functions under
this Act. Transfers shall be made at least quarterly on the
basis of estimates by the Secretary, and proper adjustments
shall be made in amounts subsequently transferred to the
extent prior estimates were in excess or less than the
amounts required to be transferred.
(c) Matching Requirement.--
(1) In general.--No amounts may be made available to the
Corporation under this section after fiscal year 2010, except
to the extent that--
(A) for fiscal year 2011, the Corporation provides matching
amounts from non-Federal sources equal in the aggregate to 50
percent or more of the amount transferred to the Fund under
subsection (b); and
(B) for any fiscal year after fiscal year 2011, the
Corporation provides matching amounts from non-Federal
sources equal in the aggregate to 100 percent of the amount
transferred to the Fund under subsection (b) for the fiscal
year.
(2) Goods and services.--For the purpose of determining the
amount received from non-Federal sources by the Corporation,
other than money--
(A) the fair market value of goods and services (including
advertising) contributed to the Corporation for use under
this Act may be included in the determination; but
(B) the fair market value of such goods and services may
not account for more than 80 percent of the matching
requirement under paragraph (1) for the Corporation in any
fiscal year.
(3) Right of refusal.--The Corporation may decline to
accept any contribution in-kind that it determines to be
inappropriate, not useful, or commercially worthless.
(4) Limitation.--The Corporation may not obligate or expend
funds in excess of the total amount received by the
Corporation for a fiscal year from Federal and non-Federal
sources.
(d) Carryforward.--
(1) Federal funds.--Amounts transferred to the Fund under
subsection (b)(2) shall remain available until expended.
(2) Matching funds.--Any amount received by the Corporation
from non-Federal sources in fiscal year 2010, 2011, 2012,
2013, or 2014 that cannot be used to meet the matching
requirement under subsection (c)(1) for the fiscal year in
which amount was collected may be carried forward and treated
as having been received in the succeeding fiscal year for
purposes of meeting the matching requirement of subsection
(c)(1) in such succeeding fiscal year.

SEC. 5. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.

(a) Travel Promotion Fund Fees.--Section 217(h)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B))
is amended to read as follows:
``(B) Fees.--
``(i) In general.--No later than September 30, 2009, the
Secretary of Homeland Security shall establish a fee for the
use of the System and begin assessment and collection of that
fee. The initial fee shall be the sum of--
``(I) $10 per travel authorization; and
``(II) an amount that will at least ensure recovery of the
full costs of providing and administering the System, as
determined by the Secretary.
``(ii) Disposition of amounts collected.--From the amounts
collected under clause (i)(I), $100,000,000 shall be
deposited into the Treasury and credited to the Travel
Promotion Fund established under section 4 of the Travel
Promotion Act of 2009, and any additional amounts shall be
deposited into the Treasury as an offsetting collection,
subject to appropriation for use by the Secretary of Homeland
Security for the electronic travel authorization system
authorized under section 217(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3). Amounts collected under
clause (i)(II) shall be transferred to the general fund of
the Treasury and made available to pay the costs incurred to
administer the System.
``(iii) Sunset of travel promotion fund fee.--The Secretary
may not collect the fee authorized by clause (i)(I) for
fiscal years beginning after September 30, 2014.''.

SEC. 6. ASSESSMENT AUTHORITY.

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

SEC. 7. OFFICE OF TRAVEL PROMOTION.

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

``SEC. 202. OFFICE OF TRAVEL PROMOTION.

``(a) Office Established.--There is established within the
Department of Commerce an office to be known as the Office of
Travel Promotion.
``(b) Director.--
``(1) Appointment.--The Office shall be headed by a
Director who shall be appointed by the Secretary.
``(2) Qualifications.--The Director shall be a citizen of
the United States and have experience in a field directly
related to the promotion of travel to and within the United
States.
``(3) Duties.--The Director shall--
``(A) report to the Secretary;
``(B) ensure that the Office is effectively carrying out
its functions; and
``(C) perform a purely advisory role relating to any
responsibilities described in subsection (c) that are related
to functions carried out by the Department of Homeland
Security or the Department of State.
``(4) Rule of construction.--Nothing in this section may be
construed to override the preeminent role of the Secretary of
Homeland Security in setting policies relating to the
Nation's ports of entry and the processes through which
individuals are admitted into the United States.
``(c) Functions.--The Office shall--
``(1) serve as liaison to the Corporation for Travel
Promotion established by section 2 of the Travel Promotion
Act of 2009 and support and encourage the development of
programs to increase the number of international visitors to
the United States for business, leisure, educational,
medical, exchange, and other purposes;

[[Page S6898]]

``(2) work with the Corporation, the Secretary of State and
the Secretary of Homeland Security--
``(A) to disseminate information more effectively to
potential international visitors about documentation and
procedures required for admission to the United States as a
visitor;
``(B) to advise the Secretary of Homeland Security on ways
to improve the experience of incoming international
passengers and to provide these passengers with more accurate
information;
``(C) to collect accurate data on the total number of
international visitors that visit each State; and
``(D) to advise the Secretary of Homeland Security on ways
to enhance the entry and departure experience for
international visitors through the use of advertising,
signage, and customer service; and
``(3) support State, regional, and private sector
initiatives to promote travel to and within the United
States.
``(d) Reports to Congress.--Not later than 1 year after the
date of the enactment of the Travel Promotion Act of 2009,
and periodically thereafter, as appropriate, the Secretary
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Foreign Relations of the Senate, the Committee
on Energy and Commerce of the House of Representatives, the
Committee on Homeland Security of the House of
Representatives, and the Committee on Foreign Affairs of the
House of Representatives, which describes the Office's work
with the Corporation, the Secretary of State, and the
Secretary of Homeland Security to carry out subsection
(c)(2).''.
______