II 

Calendar No. 521 

113TH CONGRESS 

2D SESSION H. R. 4450 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2014 

Received 

JULY 31, 2014 

Read twice and placed on the calendar 

AN ACT 

To extend the Travel Promotion Act of 2009, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Travel Promotion, En5 hancement, and Modernization Act of 2014’’. 

6 SEC. 2. BOARD OF DIRECTORS. 

7 Subsection (b)(2)(A) of the Travel Promotion Act of 

8 2009 (22 U.S.C. 2131(b)(2)(A)) is amended— 

9 (1) in the matter preceding clause (i)— 


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1 (A) in the first sentence, by striking ‘‘pro2 motion and marketing’’ and inserting ‘‘pro3 motion or marketing’’; and 

4 (B) by inserting after the first sentence 

5 the following: ‘‘At least 5 members of the board 

6 shall have experience working in United States 

7 multinational entities with marketing budgets. 

8 At least 2 members of the board shall be audit 

9 committee financial experts (as defined by the 

10 Securities and Exchange Commission in accord11 ance with section 407 of Public Law 107–204 

12 (15 U.S.C. 7265)). All members of the board 

13 shall be a current or former chief executive offi14 cer, chief financial officer, or chief marketing 

15 officer, or have held an equivalent management 

16 position.’’; and 

17 (2) in clause (x), by striking ‘‘intercity pas18 senger railroad business’’ and inserting ‘‘land or sea 

19 passenger transportation sector’’. 

20 SEC. 3. ANNUAL REPORT TO CONGRESS. 

21 Subsection (c)(3) of the Travel Promotion Act of 

22 2009 (22 U.S.C. 2131(c)(3)) is amended— 

23 (1) in subparagraph (F), by striking ‘‘and’’ at 

24 the end; 


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1 (2) by redesignating subparagraph (G) as sub2 paragraph (I); and 

3 (3) by inserting after subparagraph (F) the fol4 lowing: 

5 ‘‘(G) a description of, and rationales for, 

6 the Corporation’s efforts to focus on specific 

7 countries and populations; 

8 ‘‘(H)(i) a description of, and rationales for, 

9 the Corporation’s combination of media chan10 nels employed in meeting the promotional objec11 tives of its marketing campaign; 

12 ‘‘(ii) the ratio in which such channels are 

13 used; and 

14 ‘‘(iii) a justification for the use and ratio 

15 of such channels; and’’. 

16 SEC. 4. BIANNUAL REVIEW OF PROCEDURES TO DETER17 MINE FAIR MARKET VALUE OF GOODS AND 

18 SERVICES. 

19 Subsection (d)(3) of the Travel Promotion Act of 

20 2009 (22 U.S.C. 2131(d)(3)) is amended— 

21 (1) in subparagraph (B)(ii), by striking ‘‘80 

22 percent’’ and inserting ‘‘70 percent’’; and 

23 (2) by adding at the end the following: 


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1 ‘‘(E) MAINTENANCE OF AN IN-KIND CON2 TRIBUTIONS POLICY.—The Corporation shall 

3 maintain an in-kind contributions policy. 

4 ‘‘(F) FORMALIZED PROCEDURES FOR IN5 KIND CONTRIBUTIONS POLICY.—Not later than 

6 90 days after the date of enactment of the 

7 Travel Promotion, Enhancement, and Mod8 ernization Act of 2014, the Secretary of Com9 merce, in coordination with the Corporation, 

10 shall establish formal, publicly available proce11 dures specifying time frames and conditions 

12 for— 

13 ‘‘(i) making and agreeing to revisions 

14 of the Corporation’s in-kind contributions 

15 policy; and 

16 ‘‘(ii) addressing and resolving dis17 agreements between the Corporation and 

18 its partners, including the Secretary of 

19 Commerce, regarding the in-kind contribu20 tions policy. 

21 ‘‘(G) BIANNUAL REVIEW OF PROCEDURES

22 TO DETERMINE FAIR MARKET VALUE OF GOODS

23 AND SERVICES.—The Corporation and the Sec24 retary of Commerce (or their designees) shall 

25 meet on a biannual basis to review the proceVerDate Mar 15 2010 23:43 Aug 01, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4450.PCS H4450

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1 dures to determine the fair market value of 

2 goods and services received from non-Federal 

3 sources by the Corporation under subparagraph 

4 (B).’’. 

5 SEC. 5. EXTENSION OF TRAVEL PROMOTION ACT OF 2009. 

6 (a) IN GENERAL.—The Travel Promotion Act of 

7 2009 (22 U.S.C. 2131) is amended— 

8 (1) in subsection (b)(5)(A)(iv), by striking ‘‘all 

9 States and the District of Columbia’’ and inserting 

10 ‘‘all States and territories of the United States and 

11 the District of Columbia,’’; and 

12 (2) in subsection (d)— 

13 (A) in paragraph (2)(B), by striking 

14 ‘‘2015’’ and inserting ‘‘2020’’; and 

15 (B) in paragraph (4)(B), by striking ‘‘fis16 cal year 2011, 2012, 2013, 2014, or 2015’’ and 

17 inserting ‘‘each of the fiscal years 2011 through 

18 2020’’. 

19 (b) SUNSET OF TRAVEL PROMOTION FUND FEE.— 

20 Section 217(h)(3)(B)(iii) of the Immigration and Nation21 ality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is amended by 

22 striking ‘‘September 30, 2015’’ and inserting ‘‘September 

23 30, 2020’’. 


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1 SEC. 6. ACCOUNTABILITY; PROCUREMENT REQUIREMENTS. 

2 The Travel Promotion Act of 2009 (22 U.S.C. 2131), 

3 as amended by this Act, is further amended— 

4 (1) by redesignating subsections (e), (f), (g), 

5 and (h) as subsections (h), (e), (i), and (j), respec6 tively; 

7 (2) by moving subsection (e) (as so redesig8 nated) so that it follows subsection (d); 

9 (3) in paragraph (2) of subsection (c), by strik10 ing ‘‘$5,000,000’’ and inserting ‘‘$500,000’’; and 

11 (4) by inserting after subsection (e), as redesig12 nated, the following: 

13 ‘‘(f) ACCOUNTABILITY.— 

14 ‘‘(1) PERFORMANCE PLANS AND MEASURES.— 

15 Not later than 90 days after the date of the enact16 ment of the Travel Promotion, Enhancement, and 

17 Modernization Act of 2014, the Corporation shall— 

18 ‘‘(A) establish performance metrics includ19 ing, time frames, evaluation methodologies, and 

20 data sources for measuring— 

21 ‘‘(i) the effectiveness of marketing ef22 forts by the Corporation, including its 

23 progress in achieving the long-term goals 

24 of increased traveler visits to and spending 

25 in the United States; 


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1 ‘‘(ii) whether increases in visitation 

2 and spending have occurred in response to 

3 external influences, such as economic con4 ditions or exchange rates, rather than in 

5 response to the efforts of the Corporation; 

6 and 

7 ‘‘(iii) any cost or benefit to the econ8 omy of the United States; and 

9 ‘‘(B) conduct periodic program evaluations 

10 in response to the data resulting from measure11 ments under subparagraph (A). 

12 ‘‘(2) GAO ACCOUNTABILITY.—Not later than 

13 60 days after the date on which the Corporation re14 ceives a report from the Government Accountability 

15 Office with recommendations for the Corporation, 

16 the Corporation shall submit a report to Congress 

17 that describes the actions taken by the Corporation 

18 in response to the recommendations in such report. 

19 ‘‘(g) PROCUREMENT REQUIREMENTS.—The Corpora20 tion shall— 

21 ‘‘(1) establish a competitive procurement proc22 ess; and 

23 ‘‘(2) certify in its annual report to Congress 

24 under subsection (c)(3) that any contracts entered 


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1 into were in compliance with the established com2 petitive procurement process.’’. 

3 SEC. 7. REPEAL OF ASSESSMENT AUTHORITY. 

4 The Travel Promotion Act of 2009 (22 U.S.C. 2131), 

5 as amended by this Act, is further amended by striking 

6 subsection (e) (as redesignated by section 6(1) of this 

7 Act). 

Passed the House of Representatives July 22, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 521 

113TH CONGRESS 

2D SESSION H. R. 4450 

AN ACT 

To extend the Travel Promotion Act of 2009, and 

for other purposes. 

JULY 31, 2014 

Read twice and placed on the calendar 


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