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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1661 Introduced in Senate (IS)]

  1st Session
                                S. 1661

To communicate United States travel policies and improve marketing and 
other activities designed to increase travel in the United States from 
                                abroad.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2007

 Mr. Dorgan (for himself, Mr. Stevens, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To communicate United States travel policies and improve marketing and 
other activities designed to increase travel in the United States from 
                                abroad.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) This Act may be cited as the ``Travel Promotion Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel promotion program funding.
Sec. 6. Assessment authority.
Sec. 7. Under Secretary of Commerce for Travel Promotion.
Sec. 8. Research program.
Sec. 9. Definitions.

SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.

    (a) Establishment.--The Corporation for Travel Promotion is 
established as a nonprofit corporation. The Corporation shall not be an 
agency or establishment of the United States Government. The 
Corporation shall be subject to the provisions of the District of 
Columbia Nonprofit Corporation Act (D.C. Code, section 29-1001 et 
seq.), to the extent that such provisions are consistent with this 
section, and shall have the powers conferred upon a nonprofit 
corporation by that Act to carry out its purposes and activities.
    (b) Board of Directors.--
            (1) In general.--The Corporation shall have a board of 
        directors of 14 members, appointed by the Secretary of 
        Commerce, who are United States citizens with professional 
        expertise and experience in the fields of travel, international 
        travel promotion, and marketing and broadly represent various 
        regions of the Nation, of whom--
                    (A) 1 shall represent hotel accommodations 
                providers;
                    (B) 2 shall represent restaurant and retail 
                businesses;
                    (C) 2 shall represent attractions and recreation 
                businesses;
                    (D) 1 shall represent the passenger air 
                transportation business;
                    (E) 1 shall represent the car rental business;
                    (F) 3 shall represent State and local offices from 
                disparate regions of the country;
                    (G) 1 shall be a Federal employee (as defined in 
                section 2105 of title 5, United States Code);
                    (H) 1 shall represent the higher education 
                community; and
                    (I) 2 shall represent the small business community.
            (2) Incorporation.--The members of the initial board of 
        directors shall serve as incorporators and shall take whatever 
        actions are necessary to establish the Corporation under the 
        District of Columbia Nonprofit Corporation Act (D.C. Code, 
        section 29-1001 et seq.).
            (3) Term of office.--The term of office of each member of 
        the board appointed by the Secretary shall be 3 years, except 
        that, of the members first appointed--
                    (A) 3 shall be appointed for terms of 1 year;
                    (B) 4 shall be appointed for terms of 2 years; and
                    (C) 4 shall be appointed for terms of 3 years.
            (4) Vacancies.--Any vacancy in the board shall not affect 
        its power, but shall be filled in the manner required by this 
        section. Any member whose term has expired may serve until the 
        member's successor has taken office, or until the end of the 
        calendar year in which the member's term has expired, whichever 
        is earlier. Any member appointed to fill a vacancy occurring 
        prior to the expiration of the term for which that member's 
        predecessor was appointed shall be appointed for the remainder 
        of the predecessor's term. No member of the board shall be 
        eligible to serve more than 2 consecutive full terms.
            (5) Election of chairman and vice chairman.--Members of the 
        board shall annually elect one of their members to be Chairman 
        and elect 1 or more of their members as a Vice Chairman or Vice 
        Chairmen.
            (6) 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.
            (7) Compensation; expenses.--No member shall receive any 
        compensation from the Federal government for serving on the 
        Council. Each member of the Council shall be paid actual travel 
        expenses and per diem in lieu of subsistence expenses when away 
        from his or her usual place of residence, in accordance with 
        section 5703 of title 5, United States Code.
    (c) Officers and Employees.--
            (1) In general.--The Corporation shall have a President, 
        and such other officers as may be named and appointed by the 
        board for terms and at rates of compensation fixed by the 
        board. No individual other than a citizen of the United States 
        may be an officer of the Corporation. The corporation may hire 
        and fix the compensation of such employees as may be necessary 
        to carry out its purposes. No officer or employee of the 
        Corporation may receive any salary or other compensation 
        (except for compensation for services on boards of directors of 
        other organizations that do not receive funds from the 
        Corporation, on committees of such boards, and in similar 
        activities for such organizations) from any sources other than 
        the Corporation for services rendered during the period of his 
        or her employment by the Corporation. Service by any officer on 
        boards of directors of other organizations, on committees of 
        such boards, and in similar activities for such organizations 
        shall be subject to annual advance approval by the board and 
        subject to the provisions of the Corporation's Statement of 
        Ethical Conduct. All officers and employees shall serve at the 
        pleasure of the board.
            (2) Nonpolitical nature of appointment.--No political test 
        or qualification shall be used in selecting, appointing, 
        promoting, or taking other personnel actions with respect to 
        officers, agents, or employees of the Corporation.
    (d) Nonprofit and Nonpolitical Nature of Corporation.--
            (1) Stock.--The Corporation shall have no power to issue 
        any shares of stock, or to declare or pay any dividends.
            (2) Profit.--No part of the income or assets of the 
        Corporation shall inure to the benefit of any director, 
        officer, employee, or any other individual except as salary or 
        reasonable compensation for services.
            (3) Politics.--The Corporation may not contribute to or 
        otherwise support any political party or candidate for elective 
        public office.
    (e) Duties and Powers.--
            (1) In general.--The Corporation shall develop and execute 
        a plan--
                    (A) to provide useful information to foreign 
                tourists and others interested in travelling to the 
                United States, including the distribution of material 
                provided by the Federal Government concerning entry 
                requirements, required documentation, fees, and 
                processes, to prospective travelers, travel agents, 
                tour operators, meeting planners, foreign governments, 
                travel media and other international stakeholders;
                    (B) to counter and correct misperceptions regarding 
                United States travel policy around the world;
                    (C) to maximize the economic and diplomatic 
                benefits of travel to the United States by promoting 
                the United States of America to world travelers through 
                the use of, but not limited to, all forms of 
                advertising, outreach to trade shows, and other 
                appropriate promotional activities;
                    (D) to ensure that international travel benefits 
                all States and the District of Columbia, including 
                areas not traditionally visited by international 
                travelers; and
                    (E) to give priority to the Corporation's efforts 
                in terms of countries and populations most likely to 
                travel to the United States.
            (2) Specific powers.--In order to carry out the purposes of 
        this section, the Corporation may--
                    (A) obtain grants from and make contracts with 
                individuals and private companies, State, and Federal 
                agencies, organizations, and institutions;
                    (B) hire or accept the voluntary services of 
                consultants, experts, advisory boards, and panels to 
                aid the Corporation in carrying out its purposes; and
                    (C) take such other actions as may be necessary to 
                accomplish the purposes set forth in this section.
    (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 8 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 shall have full 
        and complete access to the books and records of the 
        Corporation.

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. 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 no later than 
August 16 immediately preceding that 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) an objective and quantifiable measurement of its 
        progress, on an objective-by-objective basis, in meeting the 
        objectives established by the board;
            (4) an explanation of the reason for any failure to achieve 
        an objective established by the board; and
            (5) such recommendations as the Corporation deems 
        appropriate.

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) First year.--For fiscal year 2008, the Corporation may 
        borrow from the Treasury beginning on October 1, 2007, such 
        sums as may be necessary, but not to exceed $10,000,000, to 
        cover its initial expenses and activities under this Act. 
        Before October 1, 2012, the Corporation shall reimburse the 
        Treasury, without interest, for any such amounts borrowed from 
        the Treasury, using funds deposited in the Fund from non-
        Federal sources. Amounts reimbursed to the Treasury shall be 
        treated as matching funds from non-Federal sources for purposes 
        of subsection (c) in the fiscal year in which such 
        reimbursements are made.
            (2) Subsequent years.--For each of fiscal years 2009 
        through 2012, from amounts deposited in the general fund of the 
        Treasury during the preceding fiscal year from fees under 
        section 5 of this Act, the Secretary of the Treasury shall 
        transfer not more than $100,000,000 to the Fund, which shall be 
        made available to the Corporation, subject to subsection (c) of 
        this section, to carry out its functions under this Act. 
        Transfers shall be made at least quarterly on the basis of 
        estimates by the Secretary, and proper adjustments shall be 
        made in amounts subsequently transferred to the extent prior 
        estimates were in excess or less than the amounts required to 
        be transferred.
    (c) Matching Requirement.--
            (1) In general.--No amounts may be made available to the 
        Corporation under this section after fiscal year 2008, except 
        to the extent that--
                    (A) for fiscal year 2009, the Corporation provides 
                matching funds 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 2009, the 
                Corporation provides matching funds 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 of matching funds, other than money, available to the 
        Corporation--
                    (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 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) Carryforward.--The amount of any matching funds 
        received by the Corporation in fiscal year 2009, 2010, or 2011 
        that cannot be used as matching funds in the fiscal year in 
        which received may be carried forward and treated as having 
        been received in the succeeding fiscal year for purposes of 
        meeting the matching requirement of paragraph (1) in such 
        succeeding fiscal year.

SEC. 5. TRAVEL PROMOTION FUND FEES.

    If a fully automated electronic traveler authorization system to 
collect basic biographical information in order to determine, in 
advance of travel, the eligibility of an alien to travel to the United 
States is implemented, the United States Government may charge a fee to 
an applicant for the use of the system. The amount of any such fee 
initially shall be at least $10, plus such amounts as may be necessary 
to cover the cost of operating such a system, but may be reduced 
thereafter if that amount is not necessary to ensure that the 
Corporation is fully funded.

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)(D), (H), or (I)) represented on the Board 
in proportion to their share of the aggregate international travel and 
tourism revenue of the industry.
    (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) descr
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