II 

Calendar No. 520 

113TH CONGRESS 

2D SESSION S. 2250 

[Report No. 113–234] 

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

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2014 

Ms. KLOBUCHAR (for herself, Mr. BLUNT, Mr. BEGICH, Mr. KIRK, Mr. 

SCHATZ, Mr. WICKER, Mr. REID, Mr. HELLER, Mr. SCHUMER, Ms. 

AYOTTE, Mr. WARNER, Mr. GRAHAM, Ms. HIRONO, Mr. CHAMBLISS, Mr. 

DURBIN, Mr. BOOZMAN, Mr. NELSON, Mr. HOEVEN, Mr. BLUMENTHAL, 

Mr. HATCH, Ms. MURKOWSKI, Mr. VITTER, Ms. COLLINS, Mrs. SHAHEEN, Ms. MIKULSKI, Mr. BOOKER, Mr. ENZI, Ms. LANDRIEU, Mr. BARRASSO, Mr. BENNET, Mr. ISAKSON, Ms. STABENOW, Ms. BALDWIN, Mr. 

WYDEN, Mr. CARDIN, Mr. MERKLEY, Mr. KING, and Mr. FRANKEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

JULY 31, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Travel Promotion, En3 hancement, and Modernization Act of 2014’’. 

4 SEC. 2. ADDITION OF NEW MEMBERS TO BOARD OF DIREC5 TORS. 

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

7 2009 (22 U.S.C. 2131(b)(2)(A)) is amended— 

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

9 (A) by striking ‘‘promotion and mar10 keting’’ and inserting ‘‘promotion or mar11 keting’’; and 

12 (B) by inserting ‘‘At least 5 members of 

13 the board shall have experience working in 

14 United States multinational entities with mar15 keting budgets. At least 2 members of the 

16 board shall be audit committee financial experts 

17 (as defined by the Securities and Exchange 

18 Commission in accordance with section 407 of 

19 Public Law 107–204 (15 U.S.C. 7265)). All 

20 members of the board shall be a current or 

21 former chief executive officer, chief financial of22 ficer, or chief marketing officer, or have held an 

23 equivalent management position.’’; and 

24 (2) in clause (x), by striking ‘‘intercity pas25 senger railroad business’’ and inserting ‘‘land or sea 

26 passenger transportation sector’’. 


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1 SEC. 3. ANNUAL REPORT TO CONGRESS. 

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

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

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

5 the end; 

6 (2) by redesignating subparagraph (G) as sub7 paragraph (I); and 

8 (3) by inserting after subparagraph (F) the fol9 lowing: 

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

11 the Corporation’s efforts to focus on specific 

12 countries and populations; 

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

14 the Corporation’s combination of media chan15 nels employed in meeting the promotional objec16 tives of its marketing campaign; 

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

18 used; and 

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

20 of such channels; and’’. 

21 SEC. 4. BIANNUAL REVIEW OF PROCEDURES TO DETER22 MINE FAIR MARKET VALUE OF GOODS AND 

23 SERVICES. 

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

25 2009 (22 U.S.C. 2131(d)(3)) is amended— 


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

2 percent’’ and inserting ‘‘75 percent’’; and 

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

4 ‘‘(E) BIANNUAL REVIEW OF PROCEDURES

5 TO DETERMINE FAIR MARKET VALUE OF GOODS

6 AND SERVICES.—The Corporation and the Sec7 retary of Commerce (or their designees) shall 

8 meet on a biannual basis to review the proce9 dures to determine the fair market value of 

10 goods and services received from non-Federal 

11 sources by the Corporation under subparagraph 

12 (B).’’. 

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

14 (a) IN GENERAL.—Subsection (d) of the Travel Pro15 motion Act of 2009 (22 U.S.C. 2131(d)) is amended— 

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

17 States and the District of Columbia’’ and inserting 

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

19 the District of Columbia,’’; and 

20 (2) in subsection (d)— 

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

22 ‘‘2015’’ and inserting ‘‘2020’’; and 

23 (B) in paragraph (4)(B), by striking ‘‘fis24 cal year 2011, 2012, 2013, 2014, or 2015’’ and 


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1 inserting ‘‘each of the fiscal years 2011 through 

2 2020’’. 

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

4 Section 217(h)(3)(B)(iii) of the Immigration and Nation5 ality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is amended by 

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

7 30, 2020’’. 

8 SEC. 6. ACCOUNTABILITY; PROCUREMENT REQUIREMENTS. 

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

10 as amended by this Act, is further amended— 

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

12 and (h) as subsections (h), (e), (i), and (j), respec13 tively; and 

14 (2) by inserting after subsection (e), as redesig15 nated, the following: 

16 ‘‘(f) ACCOUNTABILITY.— 

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

18 Not later than 90 days after the date of the enact19 ment of the Travel Promotion, Enhancement, and 

20 Modernization Act of 2014, the Corporation shall es21 tablish performance metrics— 

22 ‘‘(A) to measure the impact of marketing 

23 efforts by the Corporation; and 

24 ‘‘(B) to demonstrate any cost or benefit to 

25 the economy of the United States. 


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

2 60 days after the date on which the Corporation re3 ceives a report from the Government Accountability 

4 Office with recommendations for the Corporation, 

5 the Corporation shall submit a report to Congress 

6 that describes the actions taken by the Corporation 

7 in response to the recommendations in such report. 

8 ‘‘(g) PROCUREMENT REQUIREMENTS.—The Corpora9 tion shall— 

10 ‘‘(1) establish a competitive procurement proc11 ess; and 

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

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

14 into were in compliance with the established com15 petitive procurement process.’’. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Travel Promotion, En18 hancement, and Modernization Act of 2014’’. 

19 SEC. 2. BOARD OF DIRECTORS. 

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

21 2009 (22 U.S.C. 2131(b)(2)(A)) is amended— 

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

23 (A) in the first sentence, by striking ‘‘pro24 motion and marketing’’ and inserting ‘‘pro25 motion or marketing’’; and 


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1 (B) by inserting after the first sentence the 

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

3 have experience working in United States multi4 national entities with marketing budgets. At 

5 least 2 members of the board shall be audit com6 mittee financial experts (as defined by the Secu7 rities and Exchange Commission in accordance 

8 with section 407 of Public Law 107–204 (15 

9 U.S.C. 7265)). All members of the board shall be 

10 a current or former chief executive officer, chief 

11 financial officer, or chief marketing officer, or 

12 have held an equivalent management position.’’; 

13 and 

14 (2) in clause (x), by striking ‘‘intercity passenger 

15 railroad business’’ and inserting ‘‘land or sea pas16 senger transportation sector’’. 

17 SEC. 3. ANNUAL REPORT TO CONGRESS. 

18 Subsection (c)(3) of the Travel Promotion Act of 2009 

19 (22 U.S.C. 2131(c)(3)) is amended— 

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

21 the end; 

22 (2) by redesignating subparagraph (G) as sub23 paragraph (I); and 

24 (3) by inserting after subparagraph (F) the fol25 lowing: 


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

2 the Corporation’s efforts to focus on specific 

3 countries and populations; 

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

5 the Corporation’s combination of media channels 

6 employed in meeting the promotional objectives 

7 of its marketing campaign; 

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

9 used; and 

10 ‘‘(iii) a justification for the use and ratio of 

11 such channels; and’’. 

12 SEC. 4. BIANNUAL REVIEW OF PROCEDURES TO DETER13 MINE FAIR MARKET VALUE OF GOODS AND 

14 SERVICES. 

15 Subsection (d)(3) of the Travel Promotion Act of 2009 

16 (22 U.S.C. 2131(d)(3)) is amended— 

17 (1) in subparagraph (B)(ii), by striking ‘‘80 per18 cent’’ and inserting ‘‘70 percent’’; and 

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

20 ‘‘(E) MAINTENANCE OF AN IN-KIND CON21 TRIBUTIONS POLICY.—The Corporation shall 

22 maintain an in-kind contributions policy. 

23 ‘‘(F) FORMALIZED PROCEDURES FOR IN24 KIND CONTRIBUTIONS POLICY.—Not later than 

25 90 days after the date of enactment of the Travel 


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1 Promotion, Enhancement, and Modernization 

2 Act of 2014, the Secretary of Commerce, in co3 ordination with the Corporation, shall establish 

4 formal, publicly available procedures specifying 

5 time frames and conditions for— 

6 ‘‘(i) making and agreeing to revisions 

7 of the Corporation’s in-kind contributions 

8 policy; and 

9 ‘‘(ii) addressing and resolving dis10 agreements between the Corporation and its 

11 partners, including the Secretary of Com12 merce, regarding the in-kind contributions 

13 policy. 

14 ‘‘(G) BIANNUAL REVIEW OF PROCEDURES

15 TO DETERMINE FAIR MARKET VALUE OF GOODS

16 AND SERVICES.—The Corporation and the Sec17 retary of Commerce (or their designees) shall 

18 meet on a biannual basis to review the proce19 dures to determine the fair market value of goods 

20 and services received from non-Federal sources 

21 by the Corporation under subparagraph (B).’’. 

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

23 (a) IN GENERAL.—The Travel Promotion Act of 2009 

24 (22 U.S.C. 2131) is amended— 


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

2 States and the District of Columbia’’ and inserting 

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

4 the District of Columbia,’’; and 

5 (2) in subsection (d)— 

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

7 ‘‘2015’’ and inserting ‘‘2020’’; and 

8 (B) in paragraph (4)(B), by striking ‘‘fiscal 

9 year 2011, 2012, 2013, 2014, or 2015’’ and in10 serting ‘‘each of the fiscal years 2011 through 

11 2020’’. 

12 (b) SUNSET OF TRAVEL PROMOTION FUND FEE.—Sec13 tion 217(h)(3)(B)(iii) of the Immigration and Nationality 

14 Act (8 U.S.C. 1187(h)(3)(B)(iii)) is amended by striking 

15 ‘‘September 30, 2015’’ and inserting ‘‘September 30, 2020’’. 

16 SEC. 6. ACCOUNTABILITY; PROCUREMENT REQUIREMENTS. 

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

18 as amended by this Act, is further amended— 

19 (1) by redesignating subsections (e), (f), (g), and 

20 (h) as subsections (h), (e), (i), and (j), respectively; 

21 (2) in paragraph (2) of subsection (c), by strik22 ing ‘‘$5,000,000’’ and inserting ‘‘$500,000’’; and 

23 (3) by inserting after subsection (e), as redesig24 nated, the following: 

25 ‘‘(f) ACCOUNTABILITY.— 


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

2 Not later than 90 days after the date of the enactment 

3 of the Travel Promotion, Enhancement, and Mod4 ernization Act of 2014, the Corporation shall— 

5 ‘‘(A) establish performance metrics, includ6 ing time frames, evaluation methodologies, and 

7 data sources for measuring— 

8 ‘‘(i) the effectiveness of marketing ef9 forts by the Corporation, including its 

10 progress in achieving the long-term goals of 

11 increased traveler visits to and spending in 

12 the United States; 

13 ‘‘(ii) whether increases in visitation 

14 and spending have occurred in response to 

15 external influences, such as economic condi16 tions or exchange rates, rather than in re17 sponse to the efforts of the Corporation; and 

18 ‘‘(iii) any cost or benefit to the econ19 omy of the United States; and 

20 ‘‘(B) conduct periodic program evaluations 

21 in response to the data resulting from measure22 ments under subparagraph (A). 

23 ‘‘(2) GAO ACCOUNTABILITY.—Not later than 60 

24 days after the date on which the Corporation receives 

25 a report from the Government Accountability Office 


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1 with recommendations for the Corporation, the Cor2 poration shall submit a report to Congress that de3 scribes the actions taken by the Corporation in re4 sponse to the recommendations in such report. 

5 ‘‘(g) PROCUREMENT REQUIREMENTS.—The Corpora6 tion shall— 

7 ‘‘(1) establish a competitive procurement process; 

8 and 

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

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

11 into were in compliance with the established competi12 tive procurement process.’’. 

13 SEC. 7. REPEAL OF ASSESSMENT AUTHORITY. 

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

15 as amended by this Act, is further amended by striking sub16 section (e) (as redesignated by section 6(1) of this Act). 


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Calendar No. 520 

113TH CONGRESS 

2D SESSION S. 2250 

[Report No. 113–234] 

A BILL 

To extend the Travel Promotion Act of 2009, and 

for other purposes. 

JULY 31, 2014 

Reported with an amendment 


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