Public Law 102–372

Short Title.—

This Act may be cited as the “Tourism Policy and Export Promotion Act of 1992”.

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 et seq.).

the travel and tourism industry is the second largest retail or service industry in the United States;

travel and tourism receipts make up over 6.7 percent of the United States gross national product;

in 1991, the travel and tourism industry generated about six million jobs directly and about two million five hundred thousand indirectly;

travel and tourism expenditures in 1991 were approximately $352,000,000,000;

forty-two million international visitors spent approximately $64,700,000,000 in the United States in 1991;

travel and tourism services ranked as the largest United States business services export in 1991, providing a United States travel trade balance of $16,800,000,000;

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;

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;

foreign tourists entering the United States are frequently faced with unnecessary delays at the United States border;

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;

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

the emergence of democratic governments in the formerly Communist nations of Eastern Europe and in the former Soviet Union provide new opportunities for United States firms engaged in both the inbound and outbound tourism markets.

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

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.

Establishment of Foundation.—

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”).

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—

Board of Directors.—

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.

Acceptance of Gifts, Devises, and Bequests.—

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.

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.

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.

Administration.—

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.

Liability of United States.—

The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.

Annual Report.—

The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments.

Definitions.—

As used in this section—

Assistance by Secretary of Commerce.—

Section 202(a) of the International Travel Act of 1961 (22 U.S.C. 2123(a)) is amended by striking paragraph (15) and inserting in lieu thereof the following new paragraph:

“(15)“(15)

may assist the Rural Tourism Development Foundation, established under section 4 of the Tourism Policy and Export Promotion Act of 1992, in the development and promotion of rural tourism.”.

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by amending paragraph (1) to read as follows:

“(1)“(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 the balance of payments;”;

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by redesignating paragraphs (2) through (12) as paragraphs (6) through (16), respectively; and

by inserting immediately after paragraph (1) the following new paragraphs:

“(2)“(2)

increase United States export earnings from United States tourism and transportation services traded internationally;

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“(3)“(3)

ensure the orderly growth and development of tourism;

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“(4)“(4)

coordinate and encourage the development of the tourism industry in rural communities which—

“(A)“(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

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“(B)“(B)

have the potential necessary to support and sustain an economy based on tourism;

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“(5)“(5)

promote increased and more effective investment in international tourism by the States, local governments, and cooperative tourism marketing programs;”.

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Duties of Secretary.—

Section 201 (22 U.S.C. 2122) is amended—

Performance of Duties.—

Section 202(a) (22 U.S.C. 2123(a)) is amended—

Technical and Conforming Amendments.—

Section 202 (22 U.S.C. 2123) is amended—

Financial Assistance.—

Sections 203 and 204 (22 U.S.C. 2123a and 2123b) are repealed and the following new section is inserted immediately after section 202:

“Sec. 203.

(a)(a)

The Secretary shall provide financial assistance

22 USC 2123a.

to cooperative tourism marketing programs in accordance with this section.

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“(b)“(b)

(1)(1)

To be eligible for financial assistance under subsection (a), a cooperative tourism marketing program shall, at a minimum—

“(A)“(A)

involve the participation of—

“(i)“(i)

two or more States;

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“(ii)“(ii)

one or more States and one or more political subdivisions of States; or

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“(iii)“(iii)

one or more States and one or more nonprofit organizations;

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“(B)“(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

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“(C)“(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.

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“(2)“(2)

Financial assistance may be provided under subsection (a) if the applicant for the assistance demonstrates to the satisfaction of the Secretary that the assistance will be used for a purpose described in subsection (c) and that—

“(A)“(A)

such cooperative tourism marketing program for which the financial assistance will be provided will increase the travel of foreign visitors to the region for which the assistance is sought;

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“(B)“(B)

such program will contribute to the economic well-being of such region;

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“(C)“(C)

such region is developing or has developed a regional transportation system that will enhance travel to the facilities and attractions in such region; and

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“(D)“(D)

such program will focus its efforts on the countries in the markets selected by the Secretary under section 202(e)(3).

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“(c)“(c)

Financial assistance provided under subsection (a) may be used for the purpose of—

“(1)“(1)

promoting or marketing to foreign visitors or potential foreign visitors the tourism and recreational opportunities in the region for which such financial assistance is sought;

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“(2)“(2)

targeting foreign visitors to develop or enhance their interest in tourism and recreational opportunities in such region;

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“(3)“(3)

encouraging the development by such cooperative tourism marketing program of regional strategies for international tourism promotion and marketing; or

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“(4)“(4)

developing and implementing tourism trade development programs applicable to markets selected under section 202(e)(3).

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“(d)“(d)

In connection with financial assistance provided 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 financial assistance is provided. Such an agreement shall be disclosed in any application for financial assist-ance 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.

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“(e)“(e)

After notice and opportunity for public comment and within one hundred and eighty days after the date of enactment of the Tourism Policy and Export Promotion Act of 1992, the Secretary shall issue rules and guidelines to carry out this section. Proposed rules and guidelines shall be issued within ninety days after such date of enactment.

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“(f)“(f)

(1)(1)

The total amount of financial assistance that may be provided under subsection (a) shall, in each of the fiscal years 1994, 1995, and 1996, be not less than 25 percent of the amount appropriated to the Secretary for such fiscal year under section 304.

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“(2)“(2)

Not more than 50 percent of the financial assistance provided under subsection (a) for any fiscal year may be used for tourism trade development designed to promote travel and tourism in the United States generally without promotion of a particular area of the United States. Cooperative tourism marketing programs receiving financial assistance under subsection (a) shall pool 50 percent of their financial assistance for such general tourism trade development in each market selected by the Secretary under section 202(e)(3). The Secretary shall provide technical assistance to recipients of such financial assistance and coordinate such efforts.”.

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Federal Share of Project Costs.—

The first sentence of section 202(c) (22 U.S.C. 2123(c)) is amended by striking all after “sources” and inserting in lieu thereof a period and the following new sentence: “Any recipient of financial assistance under section 203 shall provide matching funds (consisting of actual dollar expenditures on the program for which such financial assistance is provided) equal to at least 25 percent of such financial assistance.”.

by striking the third and fourth sentences;

by inserting “(1)” immediately after “(a)”; and

by adding at the end the following new paragraph:

“(2)“(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)“(A)

facilitating the interaction between industry and government concerning tourism trade development;

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“(B)“(B)

directing and managing field operations;

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“(C)“(C)

directing program evaluation research and industry statistical research;

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“(D)“(D)

developing an outreach program to those communities with underutilized tourism potential to assist them in development of strategies for expansion of tourism trade;

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“(E)“(E)

implementing the program to provide financial assistance under section 203 in support of non-Federal tourism trade development activities; and

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“(F)“(F)

performing such other functions as the Under Secretary may assign.”.

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Membership.—

Section 302(b)(1) (22 U.S.C. 2124a(b)(1)) is amended—

Details.—

Section 302(d) (22 U.S.C. 2124a(d)) is amended by adding at the end the following new paragraph:

“(4)“(4)

(A)(A)

Every year, upon designation by the Secretary in accordance with subparagraph (B), up to three Federal departments and agencies represented on the Council shall each detail to the Council for that year one staff person and associated resources.

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“(B)“(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.”.

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Membership.—

Section 303(a)(3) (22 U.S.C. 2124b(a)(3)) is amended—

Terms.—

The last sentence of section 303(b) (22 U.S.C. 2124b(b)) is amended by striking “two consecutive terms of three years each” and inserting in lieu thereof “six consecutive years or nine years in the aggregate”.

Advice.—

The first sentence of section 303(f) (22 U.S.C. 2124b(f)) is amended by striking “and shall advise” and all that follows through “202(a)(15)”.

in the first sentence, by inserting immediately before the period the following: “ not to exceed $21,000,000 for fiscal year 1993, not to exceed $22,500,000 for fiscal year 1994, not to exceed $24,000,000 for fiscal year 1995, and not to exceed $26,000,000 for fiscal year 1996”; and

by striking the last two sentences and inserting in lieu thereof the following: “Funds appropriated under this section may be expended by the Secretary without regard to sections 501 and 3702 of title 44, United States Code. Funds appropriated under this section for the printing of travel promotional materials shall remain available for 2 fiscal years.”.

the status of the actions required by section 3 and the desirability and feasibility of publishing international travel receipts and payments on a monthly basis;

the Secretary’s actions under section 201(8) of the International Travel Act of 1961 (as amended by section 6 of this Act), regarding the inbound and outbound tourism trade between the United States and emerging democracies of Eastern Europe and the former Soviet Union (including statistics, as available, on the number of inbound and outbound tourists, receipts from and expenditures by such tourists, the number of tourists traveling into and out of Eastern Europe and the former Soviet Union on American carriers, and other relevant matters);

the activities of the Department of Commerce and other Federal agencies to increase tourism opportunities for, and encourage travel by, disabled persons; and

efforts undertaken under section 205 of the International Travel Act of 1961 (as amended by section 13 of this Act) to improve visitor facilitation and the effect on United States travel and tourism as a result of those improvements.

Report by Secretary.—

The Secretary of Commerce shall, within one year after the date of enactment of this Act, transmit 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 offices of the United States Travel and Tourism Administration located in foreign countries.

Contents.—

The report required by subsection (a) shall include the following:

Delay in Certain Administrative Actions.—

At offices of the United States Travel and Tourism Administration located in foreign countries—

until six months after the report required by subsection (a) is received.