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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2250 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Travel Promotion, 
Enhancement, and Modernization Act of 2014''.</DELETED>

<DELETED>SEC. 2. ADDITION OF NEW MEMBERS TO BOARD OF 
              DIRECTORS.</DELETED>

<DELETED>    Subsection (b)(2)(A) of the Travel Promotion Act of 2009 
(22 U.S.C. 2131(b)(2)(A)) is amended--</DELETED>
        <DELETED>    (1) in the matter preceding clause (i)--</DELETED>
                <DELETED>    (A) by striking ``promotion and 
                marketing'' and inserting ``promotion or marketing''; 
                and</DELETED>
                <DELETED>    (B) by inserting ``At least 5 members of 
                the board shall have experience working in United 
                States multinational entities with marketing budgets. 
                At least 2 members of the board shall be audit 
                committee financial experts (as defined by the 
                Securities and Exchange Commission in accordance with 
                section 407 of Public Law 107-204 (15 U.S.C. 7265)). 
                All members of the board shall be a current or former 
                chief executive officer, chief financial officer, or 
                chief marketing officer, or have held an equivalent 
                management position.''; and</DELETED>
        <DELETED>    (2) in clause (x), by striking ``intercity 
        passenger railroad business'' and inserting ``land or sea 
        passenger transportation sector''.</DELETED>

<DELETED>SEC. 3. ANNUAL REPORT TO CONGRESS.</DELETED>

<DELETED>    Subsection (c)(3) of the Travel Promotion Act of 2009 (22 
U.S.C. 2131(c)(3)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (F), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) by redesignating subparagraph (G) as 
        subparagraph (I); and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (F) the 
        following:</DELETED>
                <DELETED>    ``(G) a description of, and rationales 
                for, the Corporation's efforts to focus on specific 
                countries and populations;</DELETED>
                <DELETED>    ``(H)(i) a description of, and rationales 
                for, the Corporation's combination of media channels 
                employed in meeting the promotional objectives of its 
                marketing campaign;</DELETED>
                <DELETED>    ``(ii) the ratio in which such channels 
                are used; and</DELETED>
                <DELETED>    ``(iii) a justification for the use and 
                ratio of such channels; and''.</DELETED>

<DELETED>SEC. 4. BIANNUAL REVIEW OF PROCEDURES TO DETERMINE FAIR MARKET 
              VALUE OF GOODS AND SERVICES.</DELETED>

<DELETED>    Subsection (d)(3) of the Travel Promotion Act of 2009 (22 
U.S.C. 2131(d)(3)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)(ii), by striking ``80 
        percent'' and inserting ``75 percent''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(E) Biannual review of procedures to 
                determine fair market value of goods and services.--The 
                Corporation and the Secretary of Commerce (or their 
                designees) shall meet on a biannual basis to review the 
                procedures to determine the fair market value of goods 
                and services received from non-Federal sources by the 
                Corporation under subparagraph (B).''.</DELETED>

<DELETED>SEC. 5. EXTENSION OF TRAVEL PROMOTION ACT OF 2009.</DELETED>

<DELETED>    (a) In General.--Subsection (d) of the Travel Promotion 
Act of 2009 (22 U.S.C. 2131(d)) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(5)(A)(iv), by striking ``all 
        States and the District of Columbia'' and inserting ``all 
        States and territories of the United States and the District of 
        Columbia,''; and</DELETED>
        <DELETED>    (2) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (2)(B), by striking 
                ``2015'' and inserting ``2020''; and</DELETED>
                <DELETED>    (B) in paragraph (4)(B), by striking 
                ``fiscal year 2011, 2012, 2013, 2014, or 2015'' and 
                inserting ``each of the fiscal years 2011 through 
                2020''.</DELETED>
<DELETED>    (b) Sunset of Travel Promotion Fund Fee.--Section 
217(h)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 
1187(h)(3)(B)(iii)) is amended by striking ``September 30, 2015'' and 
inserting ``September 30, 2020''.</DELETED>

<DELETED>SEC. 6. ACCOUNTABILITY; PROCUREMENT REQUIREMENTS.</DELETED>

<DELETED>    The Travel Promotion Act of 2009 (22 U.S.C. 2131), as 
amended by this Act, is further amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (e), (f), (g), 
        and (h) as subsections (h), (e), (i), and (j), respectively; 
        and</DELETED>
        <DELETED>    (2) by inserting after subsection (e), as 
        redesignated, the following:</DELETED>
<DELETED>    ``(f) Accountability.--</DELETED>
        <DELETED>    ``(1) Performance plans and measures.--Not later 
        than 90 days after the date of the enactment of the Travel 
        Promotion, Enhancement, and Modernization Act of 2014, the 
        Corporation shall establish performance metrics--</DELETED>
                <DELETED>    ``(A) to measure the impact of marketing 
                efforts by the Corporation; and</DELETED>
                <DELETED>    ``(B) to demonstrate any cost or benefit 
                to the economy of the United States.</DELETED>
        <DELETED>    ``(2) GAO accountability.--Not later than 60 days 
        after the date on which the Corporation receives a report from 
        the Government Accountability Office with recommendations for 
        the Corporation, the Corporation shall submit a report to 
        Congress that describes the actions taken by the Corporation in 
        response to the recommendations in such report.</DELETED>
<DELETED>    ``(g) Procurement Requirements.--The Corporation shall--
</DELETED>
        <DELETED>    ``(1) establish a competitive procurement process; 
        and</DELETED>
        <DELETED>    ``(2) certify in its annual report to Congress 
        under subsection (c)(3) that any contracts entered into were in 
        compliance with the established competitive procurement 
        process.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Travel Promotion, Enhancement, and 
Modernization Act of 2014''.

SEC. 2. BOARD OF DIRECTORS.

    Subsection (b)(2)(A) of the Travel Promotion Act of 2009 (22 U.S.C. 
2131(b)(2)(A)) is amended--
            (1) in the matter preceding clause (i)--
                    (A) in the first sentence, by striking ``promotion 
                and marketing'' and inserting ``promotion or 
                marketing''; and
                    (B) by inserting after the first sentence the 
                following: ``At least 5 members of the board shall have 
                experience working in United States multinational 
                entities with marketing budgets. At least 2 members of 
                the board shall be audit committee financial experts 
                (as defined by the Securities and Exchange Commission 
                in accordance with section 407 of Public Law 107-204 
                (15 U.S.C. 7265)). All members of the board shall be a 
                current or former chief executive officer, chief 
                financial officer, or chief marketing officer, or have 
                held an equivalent management position.''; and
            (2) in clause (x), by striking ``intercity passenger 
        railroad business'' and inserting ``land or sea passenger 
        transportation sector''.

SEC. 3. ANNUAL REPORT TO CONGRESS.

    Subsection (c)(3) of the Travel Promotion Act of 2009 (22 U.S.C. 
2131(c)(3)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) by redesignating subparagraph (G) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) a description of, and rationales for, the 
                Corporation's efforts to focus on specific countries 
                and populations;
                    ``(H)(i) a description of, and rationales for, the 
                Corporation's combination of media channels employed in 
                meeting the promotional objectives of its marketing 
                campaign;
                    ``(ii) the ratio in which such channels are used; 
                and
                    ``(iii) a justification for the use and ratio of 
                such channels; and''.

SEC. 4. BIANNUAL REVIEW OF PROCEDURES TO DETERMINE FAIR MARKET VALUE OF 
              GOODS AND SERVICES.

    Subsection (d)(3) of the Travel Promotion Act of 2009 (22 U.S.C. 
2131(d)(3)) is amended--
            (1) in subparagraph (B)(ii), by striking ``80 percent'' and 
        inserting ``70 percent''; and
            (2) by adding at the end the following:
                    ``(E) Maintenance of an in-kind contributions 
                policy.--The Corporation shall maintain an in-kind 
                contributions policy.
                    ``(F) Formalized procedures for in-kind 
                contributions policy.--Not later than 90 days after the 
                date of enactment of the Travel Promotion, Enhancement, 
                and Modernization Act of 2014, the Secretary of 
                Commerce, in coordination with the Corporation, shall 
                establish formal, publicly available procedures 
                specifying time frames and conditions for--
                            ``(i) making and agreeing to revisions of 
                        the Corporation's in-kind contributions policy; 
                        and
                            ``(ii) addressing and resolving 
                        disagreements between the Corporation and its 
                        partners, including the Secretary of Commerce, 
                        regarding the in-kind contributions policy.
                    ``(G) Biannual review of procedures to determine 
                fair market value of goods and services.--The 
                Corporation and the Secretary of Commerce (or their 
                designees) shall meet on a biannual basis to review the 
                procedures to determine the fair market value of goods 
                and services received from non-Federal sources by the 
                Corporation under subparagraph (B).''.

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

    (a) In General.--The Travel Promotion Act of 2009 (22 U.S.C. 2131) 
is amended--
            (1) in subsection (b)(5)(A)(iv), by striking ``all States 
        and the District of Columbia'' and inserting ``all States and 
        territories of the United States and the District of 
        Columbia,''; and
            (2) in subsection (d)--
                    (A) in paragraph (2)(B), by striking ``2015'' and 
                inserting ``2020''; and
                    (B) in paragraph (4)(B), by striking ``fiscal year 
                2011, 2012, 2013, 2014, or 2015'' and inserting ``each 
                of the fiscal years 2011 through 2020''.
    (b) Sunset of Travel Promotion Fund Fee.--Section 217(h)(3)(B)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is 
amended by striking ``September 30, 2015'' and inserting ``September 
30, 2020''.

SEC. 6. ACCOUNTABILITY; PROCUREMENT REQUIREMENTS.

    The Travel Promotion Act of 2009 (22 U.S.C. 2131), as amended by 
this Act, is further amended--
            (1) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (h), (e), (i), and (j), respectively;
            (2) in paragraph (2) of subsection (c), by striking 
        ``$5,000,000'' and inserting ``$500,000''; and
            (3) by inserting after subsection (e), as redesignated, the 
        following:
    ``(f) Accountability.--
            ``(1) Performance plans and measures.--Not later than 90 
        days after the date of the enactment of the Travel Promotion, 
        Enhancement, and Modernization Act of 2014, the Corporation 
        shall--
                    ``(A) establish performance metrics, including time 
                frames, evaluation methodologies, and data sources for 
                measuring--
                            ``(i) the effectiveness of marketing 
                        efforts by the Corporation, including its 
                        progress in achieving the long-term goals of 
                        increased traveler visits to and spending in 
                        the United States;
                            ``(ii) whether increases in visitation and 
                        spending have occurred in response to external 
                        influences, such as economic conditions or 
                        exchange rates, rather than in response to the 
                        efforts of the Corporation; and
                            ``(iii) any cost or benefit to the economy 
                        of the United States; and
                    ``(B) conduct periodic program evaluations in 
                response to the data resulting from measurements under 
                subparagraph (A).
            ``(2) GAO accountability.--Not later than 60 days after the 
        date on which the Corporation receives a report from the 
        Government Accountability Office with recommendations for the 
        Corporation, the Corporation shall submit a report to Congress 
        that describes the actions taken by the Corporation in response 
        to the recommendations in such report.
    ``(g) Procurement Requirements.--The Corporation shall--
            ``(1) establish a competitive procurement process; and
            ``(2) certify in its annual report to Congress under 
        subsection (c)(3) that any contracts entered into were in 
        compliance with the established competitive procurement 
        process.''.

SEC. 7. REPEAL OF ASSESSMENT AUTHORITY.

    The Travel Promotion Act of 2009 (22 U.S.C. 2131), as amended by 
this Act, is further amended by striking subsection (e) (as 
redesignated by section 6(1) of this Act).
                                                       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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