102d CONGRESS
1st Session
S. 680
AMENDMENTS
S 680 EAH
In the House of Representatives, U. S.,
November 23, 1991.
Resolved, That the bill from the Senate (S. 680) entitled `An Act to
amend the International Travel Act of 1961 to assist in the growth of
international travel and tourism into the United States, and for other
purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:

ac4b6532826b3d6b884a8187817bb4de9bb7d8c4fe18a60f52810b73b8b7f34e

(a) SHORT TITLE- This Act may be cited as the `Tourism Policy and Export
Promotion Act of 1991'.
(b) REFERENCE- Whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the International Travel Act of 1961 (22 U.S.C. 2121 and following).

7d11580442b5903fd05d016c427f33921457b9832e3d6e29b6936c31212f53db

The Congress finds that--
(1) the travel and tourism industry is the second largest retail or service
industry in the United States,
(2) travel and tourism receipts make up over 6.7 percent of the United
States gross national product,
(3) travel and tourism expenditures last year were approximately $327
billion,
(4) in 1990, the travel and tourism industry generated about 6 million
jobs directly and about 2.5 million indirectly,
(5) 39 million international visitors spent approximately $52.8 million
in the United States last year,
(6) travel and tourism services ranked as the largest United States export
in 1989,
(7) many local communities with significant tourism potential are unable
to realize the economic and employment opportunities that tourism provides
because they lack the necessary local resources and expertise needed to
induce tourism trade,
(8) increased efforts directed at the promotion of rural tourism will
contribute to the economic development of rural America and further
the conservation and promotion of natural, scenic, historic, scientific,
educational, inspirational, and recreational resources for future generations
of Americans and foreign visitors,
(9) foreign tourists entering the United States are frequently faced with
unnecessary delays at the United States border,
(10) advanced technologies, industrial targeting, the industrialization of
the Third World, and the flight of some United States manufacturing capacity
to overseas locations have affected the international competitiveness of
the United States,
(11) exporting those goods and services which United States industry
can produce at a comparative cost-advantage, such as travel and tourism
services, will be in the Nation's long-term strategic interest, and
(12) the emergence of democratic governments in the formerly Communist
nations of Eastern Europe provides new opportunities for United States
firms engaged in both the inbound and outbound tourism markets.

ae0f2ff2fc5951e5b6e495e9ed803b2eb865baf43a5bf6d64ec2cce3bfb490d0

(a) NATIONAL TOURISM POLICY-
(1) Section 101(b)(1) (22 U.S.C. 2121(b)(1)) is amended to read as follows:
`(1) optimize the contributions of the tourism and recreation industries
to the position of the United States with respect to international
competitiveness, economic prosperity, full employment, and balance of
payments;'.
(2) Section 101(b) (22 U.S.C. 2121(b)) is amended--
(A) by redesignating paragraphs (2) through (12) as paragraphs (6) through
(16), respectively, and
(B) by inserting immediately after paragraph (1) the following new
paragraphs:
`(2) increase United States export earnings from United States tourism
and transportation services traded internationally;
`(3) ensure the orderly growth and development of tourism;
`(4) coordinate and encourage the development of the tourism industry in
rural communities which--
`(A) have been severely affected by the decline of agriculture, family
farming, or the extraction or manufacturing industries, or by the closing
of military bases; and
`(B) have the potential necessary to support and sustain an economy based
on tourism;
`(5) promote increased and more effective investment in international
tourism by the States, local governments, and cooperative tourism marketing
programs;'.
(b) DUTIES OF SECRETARY OF COMMERCE-
(1) Section 201 (22 U.S.C. 2122) is amended--
(A) by redesignating paragraphs (2) through (6) as paragraphs (3) through
(7), respectively,
(B) in paragraph (3), as so redesignated, by striking out `tourist
facilities,' and all that follows and inserting in lieu thereof the
following: `receptive, linguistic, informational, currency exchange, meal,
and package tour services required by the international market;',
(C) by inserting immediately after paragraph (1) the following:
`(2) provide export promotion services that will increase the number
of States, local governments (as defined in section 3371(2) of title 5,
United States Code), and companies in the United States that sell their
tourism services in the international market, expand the number of foreign
markets in which exporting States, cities, and companies are active, and
inform States, cities, and companies in the United States regarding the
specialized services the international market requires;', and
(D) by striking out `and' at the end of paragraph (6) (as so redesignated),
by striking out the period at the end of paragraph (7) (as so redesignated)
and inserting `; and', and by adding after such paragraph (7) the following:
`(8) advise and provide information and technical assistance to United States
firms seeking to facilitate travel to and from the emerging democracies
of Eastern Europe and compile statistics regarding such travel.'.
(2) Section 202(a)(9) (22 U.S.C. 2123(a)(9)) is amended by striking out
`United States travel and tourism interests' and inserting in lieu thereof
`the United States national tourism interest'.
(c) AUTHORIZATION REGARDING CERTAIN EXPENDITURES- Section 202 (22
U.S.C. 2123) is amended by adding at the end the following:
`(e) Funds appropriated to carry out this Act may be expended by the
Secretary without regard to the provisions of sections 501 and 3702 of
title 44, United States Code. Funds appropriated for the printing of travel
promotional materials shall remain available for two fiscal years.'.
(d) REPEAL- Section 203 (22 U.S.C. 2123a) is repealed.
(e) TOURISM POLICY COUNCIL-
(1) Section 302(b)(1) (22 U.S.C. 2124a(b)(1)) is amended--
(A) by redesignating subparagraphs (H) and (I) as subparagraphs (O) and
(P), and
(B) by inserting immediately after subparagraph (G) the following:
`(H) the Secretary of Agriculture;
`(I) the Chairman of the Tennessee Valley Authority;
`(J) the Commanding General of the Corps of Engineers of the Army, within
the Department of Defense;
`(K) the Administrator of the Small Business Administration;
`(L) the Commissioner of the Immigration and Naturalization Service;
`(M) the President of the National Railroad Passenger Corporation;
`(N) the Commissioner of Customs;'.
(2) Section 302(d) (22 U.S.C. 2124a(d)) is amended by adding at the end
the following:
`(4)(A) Every year, upon designation by the Secretary in accordance with
subparagraph (B), up to 3 Federal departments and agencies represented
on the Council shall each detail to the Council for that year one staff
person and associated resources.
`(B) In making the designation referred to in subparagraph (A), the
Secretary shall designate a different group of agencies and departments
each year and shall not redesignate any agency or department until all
the other agencies and departments represented on the Council have been
designated the same number of years.'.

4186b23f62117fca0dc26088eb24d7c2f4ca90fc220ce79f135c4d199f447baf

(a) ANNUAL PLAN-
(1) Section 202(a)(15) (22 U.S.C. 2123(a)(15)) is amended by striking out
`marketing' and inserting in lieu thereof `tourism trade development'.
(2) Section 202 (22 U.S.C. 2123), as amended by section 3(c), is amended
by adding at the end the following:
`(f)(1) The Secretary's tourism trade development efforts shall focus
on markets which have the greatest potential for increasing travel and
tourism export revenues.
`(2)(A) The Secretary shall carry out a generic promotion program which
shall be the only direct marketing activity in which the Secretary shall
be engaged under this Act. In addition to generic promotion, the Secretary
shall carry out tourism trade development efforts pursuant to subparagraphs
(B) through (E).
`(B) By March 31 of each year, the Secretary shall publish a notice in the
Federal Register soliciting comment, from persons interested in tourism
trade, concerning markets that would be an appropriate focus of tourism
trade development efforts to be carried out in the 12-month period that
begins 6 months after the notice is published.
`(C) Within 3 months after the notice is published under subparagraph (B),
the Secretary shall select the markets that the Secretary determines are
an appropriate focus of tourism trade development efforts to be carried
out in the 12-month period described in subparagraph (B). The selection
shall be announced by publication in the Federal Register.
`(D)(i) At the same time the Secretary announces the selection of markets
under subparagraph (C), the Secretary shall issue a request for proposals
from States and political subdivisions of States, cooperative tourism
marketing programs, and appropriate nonprofit organizations and associations
to develop and implement tourism trade development programs applicable
to the markets so selected. The Secretary shall award grants to carry out
proposals submitted under this subparagraph. Such grants shall be awarded
no later than 6 months after the notice is published under subparagraph (B).
`(ii) The total amount of grants awarded under clause (i) by the Secretary
shall--
`(I) in fiscal year 1993, be not less than 35 percent of the amount
appropriated to the Secretary to carry out the duties authorized under
this Act for that fiscal year, and
`(II) in subsequent fiscal years, be not less than 40 percent of the
amount appropriated to the Secretary to carry out the duties authorized
under this Act for that fiscal year.
`(E)(i) During the 12-month period described in subparagraph (B), the
Secretary shall carry out generic advertising and other tourism trade
development efforts directed at the markets selected under subparagraph (C).
`(ii) To reinforce the efforts carried out under clause (i), the Secretary
shall establish tourism trade development offices in foreign locations
appropriate for the markets selected under subparagraph (C).
`(3) The Secretary shall evaluate the effectiveness of the efforts carried
out under paragraph (2)(E) and, not later than one year after the end of
the 12-month period described in subparagraph (B), shall report to Congress
on the results of the evaluation.'.
(b) ADVISORY BOARD-
(1) Section 303(a)(3) (22 U.S.C. 2124b(a)(3)) is amended--
(A) in subparagraph (A), by striking out `and',
(B) in subparagraph (B), by striking out `one shall be a representative
of the States who is' and inserting in lieu thereof `two shall be
representatives of the States who are' and by striking out the period at
the end and inserting in lieu thereof `; and', and
(C) by adding at the end the following:
`(C) at least one shall be a representative of a city who is knowledgeable
of tourism promotion.'.
(2) The last sentence of section 303(b) (22 U.S.C. 2124b(b)) is amended
by striking out `two consecutive terms of three years each' and inserting
in lieu thereof `six consecutive years or nine years in the aggregate'.
(3) The first sentence of section 303(f) (22 U.S.C. 2124b(f)) is amended--
(A) by striking out `and' and inserting in lieu thereof a comma, and
(B) by inserting immediately before the period at the end the following:
`, and when the plan is submitted to the Congress, shall send to the
Congress by separate communication the comments of the Board on the plan'.
(c) CONFORMING AMENDMENTS-
(1) Section 204 (22 U.S.C. 2123b) is amended by striking out `marketing' each
place it appears and inserting in lieu thereof `tourism trade development'.
(2) Section 303(f) (22 U.S.C. 2124b(f)) is amended--
(A) by striking out `Marketing' and inserting in lieu thereof `Trade
Development', and
(B) by striking out `marketing' and inserting in lieu thereof `tourism
trade development'.

ceba613ac980a6de93d55bf83e7dd48b20dfd202d588a7a3733b839567174560

Title II is amended by adding at the end the following:
`SEC. 205. (a) For calendar year 1991 and each succeeding calendar year,
the Secretary shall--
`(1) identify and analyze acts, policies, or practices of each foreign
country that constitute significant barriers to, or distortions of, United
States travel and tourism exports,
`(2) make an estimate of the trade-distorting impact on United States
commerce of any act, policy, or practice identified under paragraph (1), and
`(3) make an estimate, if feasible, of the value of additional United
States travel and tourism exports that would have been exported to each
foreign country during such calendar year if each of such acts, policies,
and practices of such country did not exist.
`(b) On or before March 31, 1992, and March 31 of each succeeding calendar
year, the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report on the analysis and estimates
made under subsection (a) for the preceding calendar year. The report
shall include any recommendation for action to eliminate any act, policy,
or practice identified under subsection (a).'.

ecbdc649189d8f02e0446608ec405e3a97a7eee0e3c8dd9462332d6999207e56

Title II, as amended by section 5, is amended by adding at the end the
following:
`SEC. 206. (a) The Secretary shall, in coordination with appropriate Federal
agencies, take appropriate action to ensure that foreign tourists are not
unnecessarily delayed when entering the United States.
`(b) The Secretary shall, within one year of the date of the enactment of
this section, report to the Congress onefforts undertaken under subsection
(a) to improve visitor facilitation and the effect on United States travel
and tourism as a result of those improvements.'.

d5337e638ccfd15a1c85fbc95b23fe093e3532d64bec24373a3782e870901afd

Title II, as amended by section 6, is amended by adding at the end the
following:
`SEC. 207. (a)(1) The Secretary may make grants to cooperative tourism
marketing programs under the authority of section 202(f) and this subsection.
`(2) To be eligible for a grant under paragraph (1) a cooperative tourism
marketing program shall, at a minimum--
`(A) involve the participation of--
`(i) two or more States, or
`(ii) one or more States and one or more local governments,
`(B) be established for the purpose of increasing the number of foreign
visitors to the region in which such States or local governments are
located, and
`(C) have a written regional tourism marketing plan which includes
advertising, publication of promotional materials, or other promotional
or market research activities designed to increase the number of foreign
visitors to such region.
`(b) A grant made under subsection (a) may be used for the purpose of--
`(1) promoting or marketing to foreign visitors or potential foreign
visitors the tourism and recreational opportunities in the region for
which such grant is sought,
`(2) targeting foreign visitors to develop or enhance their interest in
tourism and recreational opportunities in such region, or
`(3) encouraging the development by such cooperative tourism marketing
program of regional strategies for international tourism promotion and
marketing.
`(c) A grant may be made under subsection (a) if the applicant for the
grant demonstrates to the satisfaction of the Secretary that the grant
will be used for a purpose described in subsection (b) and that--
`(1) such cooperative tourism marketing program for which the grant will
be made will increase the travel of foreign visitors to the region for
which the grant is sought,
`(2) such program will contribute to the economic well-being of such region,
`(3) such region is developing or has developed a regional transportation
system that will enhance travel to the facilities and attractions in such
region, and
`(4) such program will focus its efforts on those countries identified by
the Secretary under section 202(f) as having the greatest potential for
increasing travel and tourism export revenues in the applicable fiscal year.
`(d) In connection with a grant under subsection (a), a cooperative tourism
marketing program may enter into agreements with individuals and private
profit and nonprofit businesses and organizations who will assist in
carrying out the purposes for which such grant is made. Such an agreement
shall be disclosed in any application for a grant under subsection (a) and
such an application may be approved by the Secretary only if the Secretary
finds that such agreement meets all applicable legal requirements and is
consistent with the purposes of this Act.
`(e) The Secretary may issue such rules and guidelines as may be necessary
to carry out subsections (a) through (d).
`(f)(1) In fiscal years 1993 and 1994, the Secretary shall undertake on an
annual basis at least 5 demonstration projects in geographically distinct
regions of the United States with underutilized tourism potential to help
develop tourism marketing programs in such region.
`(2) Demonstration projects under paragraph (1) shall use such resources as
the Secretary shall make available to help identify and develop potential
tourism attractions that the Secretary determines may be of interest to
foreign tourists. In connection with such a project, the Secretary shall
work with local units of government and other public and private entities
to develop specific plans of action to--
`(A) identify local opportunities for inducing foreign tourism,
`(B) identify those foreign countries where there may be a significant
interest in potential tourism attractions, and
`(C) develop and promote specific tourism marketing programs directed at
likely foreign tourist groups using such resources both in this country
and abroad as the Secretary may have available.
`(3) The expenditures for demonstration projects under paragraph (1) year
shall in fiscal years 1993 and 1994 be not less than 3 percent of the amount
appropriated in such fiscal year to the Secretary to carry out this Act.'.

7e18ce961e7128cd244eecddb6bd77fcdeb42e295432255e5ba4287b1158a0ba

Title II, as amended by section 7, is amended by adding at the end the
following:
`SEC. 208. (a) Beginning with the tourism trade development plan for
fiscal year 1992 which is submitted to Congress under section 202(a)(15)
and annually thereafter, the Secretary shall set forth in such plan the
goals of the United States Travel and Tourism Administration, established
under section 301, for the applicable forthcoming fiscal year, including
quantifiable measures on which such Administration's performance can be
evaluated. At a minimum, such goals shall include--
`(1) the number of written inquiries regarding the possibility of foreign
travel to the United States expected to be generated by the efforts of
the Secretary and of other persons receiving grants under this title,
`(2) the number of tour packages for foreign visitors to the United States
expected to be sold in connection with the efforts of the Secretary and
of other persons receiving grants under this title, and
`(3) the number of tourists from countries identified under section 202(f)
expected to visit the United States destinations being promoted in such
countries (including the number of international arrivals expected at
gateway airports)  in connection with the efforts of the Secretary and of
other persons receiving grants under this title.
`(b) Beginning with the tourism trade development plan for fiscal year
1993 which is submitted to Congress under section 202(a)(15) and annually
thereafter, the Secretary shall report in such plan the degree to which the
goals set forth in the plan for the prior fiscal year have been attained. At
a minimum such report shall include--
`(1) the number of written inquiries regarding the possibility of foreign
travel to the United States actually received by the Secretary and by
other persons receiving grants under this title,
`(2) the number of tour packages for foreign visitors to the United States
actually sold in connection with the efforts of the Secretary and of other
persons receiving grants under this title, and
`(3) the number of tourists from countries identified under section 202(f)
that actually visited the United States destinations being promoted in
such countries (including the number of international arrivals expected
at gateway airports)  in connection with the efforts of the Secretary and
of other persons receiving grants under this title.
`(c) The Secretary shall collect from persons receiving grants under
this title such information as may be necessary to enable the Secretary
to comply with subsections (a) and (b). The Secretary may condition the
making of any such grant on the agreement of the recipient to provide such
information to the Secretary at such times and in such manner and form as
the Secretary deems appropriate.
`(d) The Secretary shall, from time to time, conduct--
`(1) surveys of foreign tourists visiting the United States from countries
identified under section 202(f), and
`(2) advertising effectiveness studies in such countries,
to evaluate the effectiveness of the program described in section 201(l).'.

fec3940d6e2dbf25ea9c8805e77ad6ef45ebd74ba51829626c30c884a82d3525

Section 301 (22 U.S.C. 2124) is amended by adding at the end the following:
`(c) The Under Secretary of Commerce for Travel and Tourism shall continue to
seek the assistance of the United States and Foreign Commercial Service as
necessary to assist the Administration's foreign offices in stimulating and
encouraging travel to the United States by foreign residents and in carrying
out other powers and duties of the Secretary specified in section 202.'.

4d691c1f2c5246efe44ebbcb6fb5ce87464c0856ded7b3eee0d06c3d9959147d

(a) DEPUTY UNDER SECRETARY- Section 301(a) (22 U.S.C. 2124(a)) is amended--
(1) by striking out the third and fourth sentences,
(2) by inserting `(1)' and `(a)', and
(3) by adding at the end the following:
`(2) The Secretary shall designate a Deputy Under Secretary for Tourism
Trade Development who shall be drawn from, and serve as a member of, the
career service. The Deputy Under Secretary shall have responsibility for--
`(A) facilitating the interaction between industry and government concerning
tourism trade development,
`(B) directing and managing field operations,
`(C) directing program evaluation research and industry statistical research,
`(D) developing an outreach program to those communities with underutilized
tourism potential to assist them in development of strategies for expansion
of tourism trade,
`(E) developing a new program to provide financial assistance in support
of non-Federal tourism trade development activities that complement efforts
by the Secretary under section 202(f), and
`(F) perform such other functions as the Under Secretary may assign.'.
(b) REGIONAL OFFICES- Section 301(b) (22 U.S.C. 2124(b)) is amended to
read as follows:
`(b)(1) There shall be 3 regional offices of the United States Travel
and Tourism Administration which shall be based in, and responsible for,
the following respective geographical areas:
`(A) Europe and Africa.
`(B) Asia and the Pacific Region.
`(C) North America, South America, and the Caribbean region.
`(2) Each such regional office shall monitor and direct the activities of--
`(A) the tourism trade development offices within the region as established
under section 202(f), and
`(B) the country offices within the region that are responsible for
mature markets.
For purposes of this paragraph, the term `mature market' means a market in
which the United States receives either more of the long-haul, outbound tourism
traffic than any other country or as much of such traffic as reasonably can
be expected under the circumstances.'.
(c) LIMITATION ON CERTAIN EXPENDITURES- Section 301 (22 U.S.C. 2124),
as amended by section 9, is amended by adding at the end the following:
`(d) The expenditures for administrative expenses, including salaries and
other overhead expenses, and for demonstration programs authorized under
section 207, shall not exceed--
`(1) in fiscal year 1993, 45 percent of the amount appropriated to the
Secretary to carry out the duties authorized under this Act for that fiscal
year, and
`(2) in subsequent fiscal years, 40 percent of the amount appropriated to
the Secretary to carry out the duties authorized under this Act for that
fiscal year.'.

f5d7aec57572c6e10454ba927d2c217f855617db3c1bf7d944a599c1558517c0

(a) REQUIREMENT TO ASSEMBLE INFORMATION- The Secretary of Commerce shall
assemble available information on economic activity associated with scenic
and recreational travel. The Secretary shall consult with other departments
and agencies of the United States which may have relevant data.
(b) STUDY- The Secretary of Commerce shall conduct a study regarding--
(1) economic effects associated with the public identification and promotion
of scenic travel as a tourist attraction,
(2) techniques for incorporating scenic travel into tourism development
programs,
(c) REPORT- Not later than one year after the date of the enactment of this
Act, the Secretary of Commerce shall transmit to the Congress a report
on the information assembled under subsection (a) and the results of the
study conducted under subsection (b), including any recommendations based
on that study.

1d1fdea31ebab65b930cd0fde2520828563484e6a815c8b67916cfbd6a61af56

Not later than January 1, 1992, the Secretary of Commerce shall publish
on a monthly basis the statistical report on United States international
travel receipts and payments published in the document known as `The Survey
of Current Business', prepared by the Bureau of Economic Analysis within
the Department of Commerce.

6bf6503ac46f70642370d2b662cd77ec3707f3e2c14801646d0fc6b30603fc69

The Secretary of Commerce shall, within 18 months of the date of the
enactment of this Act, report to the Congress on activities of the Department
of Commerce and other Federal agencies to increase tourism opportunities
for, and encourage travel by, disabled persons.

e3aeb09e952dad0766b28cdbe4404279465663bef4cd2b68b79eaa7b1e6482ea

(a) FINDINGS; ESTABLISHMENT OF FOUNDATION-
(1) The Congress finds that increased efforts directed at the promotion of
rural tourism will contribute to the economic development of rural America
and further the conservation and promotion of natural, scenic, historic,
scientific, educational, inspirational, or recreational resources for
future generations of Americans and foreign visitors.
(2) In order to assist in the development and promotion of rural tourism,
there is established a charitable and nonprofit corporation to be known
as the Rural Tourism Development Foundation (hereafter in this section
referred to as the `Foundation').
(b) FUNCTIONS- The functions of the Foundation shall be the planning,
development, and implementation of projects and programs which have the
potential to increase travel and tourism export revenues by attracting
foreign visitors to rural America. Initially, such projects and programs
shall include--
(1) participation in the development and distribution of educational and
promotional materials pertaining to both private and public attractions
located in rural areas of the United States, including Federal parks and
recreational lands, which can be used by foreign visitors,
(2) development of educational resources to assist in private and public
rural tourism development, and
(3) participation in Federal agency outreach efforts to make such resources
available to private enterprises, State and local governments, and other
persons and entities interested in rural tourism development.
(c) BOARD OF DIRECTORS-
(1)(A) The Foundation shall have a Board of Directors (hereafter in this
section referred to as the `Board') that--
(i) during its first 2 years shall consist of 9 voting members, and
(ii) thereafter shall consist of those 9 members plus up to 6 additional
voting members as determined in accordance with the bylaws of the Foundation.
(B)(i) The Under Secretary of Commerce for Travel and Tourism shall, within
6 months after the date of enactment of this Act, appoint the initial 9
voting members of the Board and thereafter shall appoint the successors
of each of 3 such members, as provided by such bylaws.
(ii) The voting members of the Board, other than those referred to in
clause (i), shall be appointed in accordance with procedures established
by such bylaws.
(C) The voting members of the Board shall be individuals who are not
Federal officers or employees and who have demonstrated an interest in
rural tourism development. Of such voting members, at least a majority
shall have experience and expertise in tourism trade promotion, at least
1 shall have experience in resource conservation, at least 1 shall have
experience and expertise in financial administration in a fiduciary capacity,
at least 1 shall be a representative of an Indian tribe who has experience
and expertise in rural tourism on an Indian reservation, at least 1 shall
represent a regional or national organization or association with a major
interest in rural tourism development or promotion, and at least 1 shall
be a representative of a State who is responsible for tourism promotion.
(D) Voting members of the Board shall each serve a term of 6 years,
except that--
(i) initial terms shall be staggered to assure continuity of administration,
(ii) if a person is appointed to fill a vacancy occurring before the
expiration of the term of the person's predecessor, that person shall
serve only for the remainder of the predecessor's term, and
(iii) any such appointment to fill a vacancy shall be made within 60 days
after the vacancy occurs.
(2) The Under Secretary of Commerce for Travel and Tourism and
representatives of Federal agencies with responsibility for Federal
recreational sites in rural areas (including the National Park Service,
Bureau of Land Management, Forest Service, Corps of Engineers, Bureau of
Indian Affairs, Tennessee Valley Authority, and such other Federal agencies
as the Board determines appropriate) shall be nonvoting ex officio members
of the Board.
(3) The Chairman and Vice Chairman of the Board shall be elected by the
voting members of the Board for terms of two years.
(4) The Board shall meet at the call of the Chairman and there shall be
at least two meetings each year. A majority of the voting members of the
Board serving at any one time shall constitute a quorum for the transaction
of business. The Foundation shall have an official seal, which shall be
judicially noticed. Voting membership on the Board shall not be deemed to
be an office within the meaning of the laws of the United States.
(d) COMPENSATION AND EXPENSES- No compensation shall be paid to the members
of the Board for their services as members, but they may be reimbursed
for actual and necessary traveling and subsistence expenses incurred by
them in the performance of their duties as such members out of Foundation
funds available to the Board for such purposes.
(e) ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS- (1) The Foundation is
authorized to accept, receive, solicit, hold, administer, and use any gifts,
devises, or bequests, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein for the benefit
of or in connection with rural tourism, except that the Foundation may not
accept any such gift, devise, or bequest which entails any expenditures
other than from the resources of the Foundation. A gift, devise, or bequest
may be accepted by the Foundation even though it is encumbered, restricted,
or subject to beneficial interests of private persons if any current or
future interest therein is for the benefit of rural tourism.
(2) A gift, devise, or bequest accepted by the Foundation for the benefit
of or in connection with rural tourism on Indian reservations, pursuant
to the Act of February 14, 1931 (25 U.S.C. 451), shall be maintained in
a separate accounting for the benefit of Indian tribes in the development
of tourism on Indian reservations.
(f) INVESTMENTS- Except as otherwise required by the instrument of
transfer, the Foundation may sell, lease, invest, reinvest, retain, or
otherwise dispose of or deal with any property or income thereof as the
Board may from time to time determine. The Foundation shall not engage in
any business, nor shall the Foundation make any investment that may not
lawfully be made by a trust company in the District of Columbia, except
that the Foundation may make any investment authorized by the instrument
of transfer and may retain any property accepted by the Foundation.
(g) PERPETUAL SUCCESSION; LIABILITY OF BOARD MEMBERS- The Foundation shall
have perpetual succession, with all the usual powers and obligations of
a corporation acting as a trustee, including the power to sue and to be
sued in its own name, but the members of the Board shall not be personally
liable, except for malfeasance.
(h) CONTRACTUAL POWER- The Foundation shall have the power to enter into
contracts, to execute instruments, and generally to do any and all lawful
acts necessary or appropriate to its purposes.
(i) ADMINISTRATION- (1) In carrying out the provisions of this section,
the Board may adopt bylaws, rules, and regulations necessary for the
administration of its functions and may hire officers and employees and
contract for any other necessary services. Such officers and employees
shall be appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service and may be
paid without regard to the provisions of chapters 51 and 53 of such title
relating to classification and General Schedule pay rates.
(2) The Secretary of Commerce may accept the voluntary and uncompensated
services of the Foundation, the Board, and the officers and employees of
the Foundation in the performance of the functions authorized under this
section, without regard to section 1342 of title 31, United States Code,
or the civil service classification laws, rules, or regulations.
(3) Neither an officer or employee hired under paragraph (1) nor an
individual who provides services under paragraph (2) shall be considered a
Federal employee for any purpose other than for purposes of chapter 81 of
title 5, United States Code, relating to compensation for work injuries,
and chapter 171 of title 28, United States Code, relating to tort claims.
(j) EXEMPTION FROM TAXES; CONTRIBUTIONS- The Foundation and any income
or property received or owned by it, and all transactions relating to
such income or property, shall be exempt from all Federal, State, and
local taxation with respect thereto. The Foundation may, however, in the
discretion of the Board, contribute toward the costs of local government
in amounts not in excess of those which it would be obligated to pay
such government if it were not exempt from taxation by virtue of this
subsection or by virtue of its being a charitable and nonprofit corporation
and may agree so to contribute with respect to property transferred to it
and the income derived therefrom if such agreement is a condition of the
transfer. Contributions, gifts, and other transfers made to or for the use
of the Foundation shall be regarded as contributions, gifts, or transfers
to or for the use of the United States.
(k) LIABILITY OF UNITED STATES- The United States shall not be liable for
any debts, defaults, acts, or omissions of the Foundation.
(l) ANNUAL REPORT- The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to Congress an annual report of its
proceedings and activities, including a full and complete statement of
its receipts, expenditures, and investments.
(m) DEFINITIONS- As used in this section--
(1) the term `Indian reservation' has the meaning given the term
`reservation' in section 3(d) of the Indian Financing Act of 1974 (25
U.S.C. 1452(d))
(2) the term `Indian tribe' has the meaning given that term in section
4(e) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)),
(3) the term `local government' has the meaning given that term in section
3371(2) of title 5, United States Code, and
(4) the term `rural tourism' has the meaning given that term by the
Secretary of Commerce and shall include activities related to travel and
tourism that occur on Federal recreational sites, on Indian reservations,
and in the territories, possessions, and commonwealths of the United States.
(n) ASSISTANCE BY SECRETARY OF COMMERCE- Section 202(a) (22 U.S.C. 2123(a))
is amended--
(1) by striking out `and' at the end of paragraph (14),
(2) by striking out the period at the end of paragraph (15) and inserting
in lieu thereof `; and', and
(3) by adding at the end the following new paragraph:
`(16) may assist the Rural Tourism Development Foundation, established under
the Tourism Policy and Export Promotion Act of 1991, in the development
and promotion of rural tourism.'.

f9c95a42c88ee1f251cabc10dcc12c68771f484c597549ad78313d71c7796f90

(a) SURVEY OF INTERNATIONAL AIR TRAVELERS- The Secretary of Commerce, to the
extent available resources permit, shall improve the survey of international
air travelers conducted to provide the data needed to estimate the Nation's
balance of payments in international travel by--
(1) expanding the survey to cover travel to and from the Middle East,
Africa, South America, and the Caribbean and enhancing coverage for Mexico,
Oceania, the Far East, and Europe; and
(2) improving the methodology for conducting on-board surveys by (A)
enhancing communications, training, and liaison activities in cooperation
with participating air carriers, (B) providing for the continuation of
needed data bases, and (C) utilizing improved sampling procedures.
The Secretary of Commerce shall seek to increase the reporting frequency
of the data provided by Statistics Canada and the Bank of Mexico on
international travel trade between the United States and both Canada and
Mexico. The Secretary shall improve the quarterly statistical report on
United States international travel receipts and payments published in the
Bureau of Economic Analysis document known as `The Survey of Current Services'
and heighten its visibility.
(b) REPORT TO CONGRESS- The Secretary of Commerce shall, within 18 months
after the date of the enactment of this Act, report to the Congress on--
(1) the status of the efforts required by subsection (a); and
(2) the desirability and feasibility of publishing international travel
receipts and payments on a monthly basis.
(c) REPORT- Not later than 12 months after the date of the enactment of this
Act, the Secretary of Commerce shall submit to the Committee on Commerce,
Science and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the Secretary's efforts
under section 201(8) of the International Travel Act of 1961, including
statistics regarding the inbound and outbound tourism trade between the
United States and emerging democracies of Eastern Europe. Such statistics
shall include the number of inbound and outbound tourists, receipts from,
and expenditures by, such tourists and number of tourists traveling into
and out of Eastern Europe on American carriers.

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Section 304 (22 U.S.C. 2126) is amended--
(1) in the first sentence, by inserting immediately before the period the
following: `, not to exceed $18,000,000 for fiscal year 1993, not to exceed
$19,000,000 for fiscal year 1994, and not to exceed $20,000,000 for fiscal
year 1995', and
(2) by striking out the last two sentences.
Amend the title so as to read: `An Act to amend the International Travel
Act of 1961 to assist in the growth of international travel and tourism
in the United States, and for other purposes.'.
Attest:
Clerk.
S 680 EAH----2
S 680 EAH----3
S 680 EAH----4

c482b53dd4635832a0381a4d12bd8dc04d4989270e91c25e1ab90a93f511b142

Tourism Policy and Export Promotion Act of 1991 — S. 680

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