[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