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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1035 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                       October 7, 2009.
    Resolved, That the House agree to the amendment of the Senate to 
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 following

                               AMENDMENT:

            In lieu of the deletion proposed by the amendment of the 
      Senate, in the House engrossed bill: (1) beginning on page 8, 
      strike line 14 and all that follows through page 9, line 2; and 
      (2) add at the end the following:

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--
                            (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 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
                    ``(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.''.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H.R. 1035

_______________________________________________________________________

                               AMENDMENT
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