June 22, 2009: Congressional Record publishes “TEXT OF AMENDMENTS”

Volume 155, No. 94 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Federal Reserve System was published in the Senate section on pages S6890-S6898 on June 22, 2009.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1354. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) submitted an amendment intended to be proposed by him 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:

At the end, add the following:

SEC. 9. TRUSTED PASSENGER/REGISTERED TRAVELER PROGRAM.

(a) Assessments and Background Checks.--

(1) In general.--Subject to paragraph (2) and not later than 120 days after the date of enactment of this Act, to enhance aviation security through risk management at airport checkpoints through use of a trusted passenger program

(referred to in this section as the ``Registered Traveler program''), established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107-71; 49 U.S.C. 114 note), the Assistant Secretary of Homeland Security for the Transportation Security Administration shall--

(A) reinstate an initial and continuous security threat assessment program as part of the enrollment process for the Registered Traveler program; and

(B) allow appropriate providers to perform private sector background checks as part of the Registered Traveler program enrollment process with assurance that the program shall be undertaken in a manner consistent with constitutional privacy and civil liberties protections and be subject to approval and oversight by the Assistant Secretary.

(2) Requirements.--The Assistant Secretary shall not reinstate the threat assessment component of the Registered Traveler program or allow certain background checks unless the Assistant Secretary--

(A) determines that the Registered Traveler program, as carried out in accordance with this subsection, is integrated into risk-based aviation security operations; and

(B) expedites airport checkpoint screening for members of the Registered Traveler program who have been subjected to a security threat assessment and the private sector background check under this subsection.

(b) Treatment of Individuals With Top Secret Security Clearances.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish protocols to--

(1) verify the identity of United States citizens who--

(A) participate in the Registered Traveler program; and

(B) possess a valid top secret security clearance granted by the Federal Government; and

(2) allow alternative screening procedures for individuals described in paragraph (1), including random, risk-based screening determined necessary to respond to a specific threat to security identified pursuant to a security threat assessment.

(c) Report.--Not later than 180 days after the date of enactment of this Act and if the Assistant Secretary determines that the Registered Traveler program, as carried out in accordance with subsection (a), may be integrated into risk-based aviation security operations under subsection (a), the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report on--

(1) the level of risk reduction provided by carrying out section (a);

(2) the manner in which the Registered Traveler program has been integrated into risk-based aviation security operations; and

(3) the changes to the Registered Traveler program, including screening protocols, that have been implemented to realize the full potential of the Registered Traveler program.

(d) Rule of Construction.--Nothing in this section shall be construed to authorize any nongovernmental entity to perform vetting against the terrorist screening database maintained by the Government of the United States.

______

SA 1355. Mr. KERRY (for himself, Mr. Hatch, and Mr. Schumer) submitted an amendment intended to be proposed by him 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:

At the end of the bill, add the following:

SEC. 9. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR

ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY.

(a) Short Title.--This section may be cited as the ``Arts Require Timely Service Act'' or the ``ARTS Act''.

(b) Expedited Adjudication of Employer Petitions for Aliens With Extraordinary Artistic Ability.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended--

(1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and

(2) in paragraph (6)(D)--

(A) by striking ``(D) Any person'' and inserting the following:

``(D)(i) Except as provided under clause (ii), any person''; and

(B) by adding at the end the following:

``(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien who has extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in clauses (ii) and

(iii) of section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) not later than 30 days after--

``(I) the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; or

``(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an appropriate opportunity to supply rebuttal evidence.

``(iii) If a petition described in clause (ii) is not adjudicated before the end of the 30-day period described in clause (ii) and the petitioner is an arts organization described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the taxable year preceding the calendar year in which the petition is submitted, or an individual or entity petitioning primarily on behalf of such an organization, the Secretary of Homeland Security shall provide the petitioner with the premium processing services referred to in section 286(u), without a fee.''.

______

SA 1356. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an amendment intended to be proposed by him 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;

(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.

(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.--Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established by section 4 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.''.

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.

(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;

``(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).''.

______

SA 1357. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an amendment intended to be proposed by him 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 10, strike line 11 and all that follows through page 25, line 10, and insert the following:

(4) Review of information.--

(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.

(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.

(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.

SEC. 3. ACCOUNTABILITY MEASURES.

(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;

(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) In general.--No amounts may be made available to the Corporation under this section after fiscal year 2010, except to the extent that--

(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.

(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) $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.

``(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.

(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

(d) Collection.--

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

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) Functions.--The Office shall--

``(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.

(c)(2).''.

______

SA 1358. Mr. LIEBERMAN submitted an amendment intended to be proposed by him 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 10, strike line 11 and all that follows through page 25, line 10, and insert the following:

(4) Review of information.--

(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.

(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.

(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.

SEC. 3. ACCOUNTABILITY MEASURES.

(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;

(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) In general.--No amounts may be made available to the Corporation under this section after fiscal year 2010, except to the extent that--

(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.

(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) $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.

(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

(d) Collection.--

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

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) Functions.--The Office shall--

``(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.

______

SA 1359. Mrs. FEINSTEIN (for herself and Mr. Lieberman) submitted an amendment intended to be proposed by her 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:

Beginning on page 19, strike line 17 and all that follows through page 20, line 10, and insert the following:

``(B) Fees.--

``(i) In general.--Not 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. Such fee shall be not less than $20 per travel authorization and distributed as follows:

``(I) $10 of each fee shall be deposited in the general fund of the Treasury for transfer to the Travel Promotion Fund established by section 4(a) of the Travel Promotion Act of 2009, consistent with section 4(b) of such Act.

``(II) The amount of each fee not transferred under subclause (I) shall be deposited into the Treasury as an offsetting collection subject to appropriation for the Secretary of Homeland Security--

``(aa) to carry out the exit system required by section 217(i) and similar programs at sea and land ports of entry; and

``(bb) to ensure recovery of the full costs of providing and administering the System.

``(ii) Exception.--Any amount collected for distribution under clause (i)(I) for a fiscal year that exceeds the maximum amount that may be transferred to the Travel Promotion Fund under subsections (b), (c), and (d) of section 4 of the Travel Promotion Act of 2009 for such fiscal year shall be made available to the Secretary of Homeland Security under clause (i)(II).

______

SA 1360. Mrs. FEINSTEIN (for herself and 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:

Beginning on page 17, strike line 7 and all that follows through page 18, line 4, and insert the following:

``(B) Fees.--

``(II) The amount of each fee not transferred under subclause (I) shall be deposited into the Treasury as an offsetting collection subject to appropriation for the Secretary of Homeland Security--

``(aa) to carry out the exit system required by section 217(i) and similar programs at sea and land ports of entry; and

``(bb) to ensure recovery of the full costs of providing and administering the System.

______

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.--

(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.

(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.

(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.

SEC. 3. ACCOUNTABILITY MEASURES.

(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;

(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) In general.--No amounts may be made available to the Corporation under this section after fiscal year 2010, except to the extent that--

(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.

(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) $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.

``(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.

(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

(d) Collection.--

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

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) Functions.--The Office shall--

``(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.

(c)(2).''.

______

SA 1362. Mr. HATCH (for himself, Mrs. Lincoln, and Mr. Corker) submitted an amendment intended to be proposed by him 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:

At the end, add the following:

SEC. 9. DEPOSIT OF TARP REPAYMENTS AND PROCEEDS INTO TREASURY

TO REDUCE THE PUBLIC DEBT.

(a) Short Title.--This section may be cited as the ``Stop Tarp Asset Recycling Act of 2009'' or the ``STAR Act of 2009''.

(b) Amendment to TARP Authorization.--Section 115(a)(3) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) is amended by striking ``outstanding at any one time'' and inserting ``, in the aggregate (or such higher amount, in the aggregate, as has been obligated or expended under this Act as of the date of enactment of the STAR Act of 2009)''.

(1) In general.--On and after the date of enactment of this Act, all repayments of obligations arising under the Emergency Economic Stabilization Act of 2008 (Public Law 110-343), and all proceeds from the sale of assets acquired by the Federal Government under that Act, shall be paid into the general fund of the Treasury for reduction of the public debt, in accordance with section 106(d) of that Act (12 U.S.C. 5216(d)), as amended by this section.

(2) Conforming amendment.--Section 106(d) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended by inserting ``, and repayments of obligations arising under this Act,'' after ``section 113''.

______

SA 1363. Mr. ENSIGN 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 17, strike lines 22 through 24 and insert the following: ``(i)(I) shall be transferred to the general fund of the Treasury and made available for the purposes provided for in section 4 of the Travel Promotion Act of 2009.''.

____________________

SOURCE: Congressional Record Vol. 155, No. 94