-CITE-

22 USC CHAPTER 31 - INTERNATIONAL TRAVEL 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

-HEAD-

CHAPTER 31 - INTERNATIONAL TRAVEL

-MISC1-

SUBCHAPTER I - NATIONAL TOURISM POLICY

Sec.

2121. Congressional findings; establishment of policy.

SUBCHAPTER II - DUTIES

2122. Powers and duties of Secretary of Commerce.

2123 to 2123d. Repealed.

SUBCHAPTER III - ADMINISTRATION

2124. Tourism Policy Council.

(a) Establishment.

(b) Membership.

(c) No additional compensation for Council members.

(d) Council meetings.

(e) Involvement of Federal agencies and

departments.

(f) Closed meetings.

(g) Annual report.

(h) Applicability of Federal Advisory Committee

Act.

2124a, 2124b. Repealed.

2124c. Rural Tourism Development Foundation.

(a) Establishment of Foundation.

(b) Functions.

(c) Board of Directors.

(d) Compensation and expenses.

(e) Acceptance of gifts, devises, and bequests.

(f) Investments.

(g) Perpetual succession; liability of Board

members.

(h) Contractual power.

(i) Administration.

(j) Exemption from taxes; contributions.

(k) Liability of United States.

(l) Annual report.

(m) Definitions.

2125 to 2129. Transferred or Repealed.

-End-

-CITE-

22 USC SUBCHAPTER I - NATIONAL TOURISM POLICY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER I - NATIONAL TOURISM POLICY

-HEAD-

SUBCHAPTER I - NATIONAL TOURISM POLICY

-End-

-CITE-

22 USC Sec. 2121 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER I - NATIONAL TOURISM POLICY

-HEAD-

Sec. 2121. Congressional findings; establishment of policy

-STATUTE-

(a) The Congress finds that -

(1) the tourism and recreation industries are important to the

United States, not only because of the numbers of people they

serve and the vast human, financial, and physical resources they

employ, but because of the great benefits tourism, recreation,

and related activities confer on individuals and on society as a

whole;

(2) the Federal Government for many years has encouraged

tourism and recreation implicitly in its statutory commitments to

the shorter workyear and to the national passenger transportation

system, and explicitly in a number of legislative enactments to

promote tourism and support development of outdoor recreation,

cultural attractions, and historic and natural heritage

resources;

(3) as incomes and leisure time continue to increase, and as

our economic and political systems develop more complex global

relationships, tourism and recreation will become ever more

important aspects of our daily lives; and

(4) the existing extensive Federal Government involvement in

tourism, recreation, and other related activities needs to be

better coordinated to effectively respond to the national

interest in tourism and recreation and, where appropriate, to

meet the needs of State and local governments and the private

sector.

(b) There is established a national tourism policy to -

(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;

(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;

(6) make the opportunity for and benefits of tourism and

recreation in the United States universally accessible to

residents of the United States and foreign countries and insure

that present and future generations are afforded adequate tourism

and recreation resources;

(7) contribute to personal growth, health, education, and

intercultural appreciation of the geography, history, and

ethnicity of the United States;

(8) encourage the free and welcome entry of individuals

traveling to the United States, in order to enhance international

understanding and goodwill, consistent with immigration laws, the

laws protecting the public health, and laws governing the

importation of goods into the United States;

(9) eliminate unnecessary trade barriers to the United States

tourism industry operating throughout the world;

(10) encourage competition in the tourism industry and maximum

consumer choice through the continued viability of the retail

travel agent industry and the independent tour operator industry;

(11) promote the continued development and availability of

alternative personal payment mechanisms which facilitate national

and international travel;

(12) promote quality, integrity, and reliability in all tourism

and tourism-related services offered to visitors to the United

States;

(13) preserve the historical and cultural foundations of the

Nation as a living part of community life and development, and

insure future generations an opportunity to appreciate and enjoy

the rich heritage of the Nation;

(14) insure the compatibility of tourism and recreation with

other national interests in energy development and conservation,

environmental protection, and the judicious use of natural

resources;

(15) assist in the collection, analysis, and dissemination of

data which accurately measure the economic and social impact of

tourism to and within the United States, in order to facilitate

planning in the public and private sectors; and

(16) harmonize, to the maximum extent possible, all Federal

activities in support of tourism and recreation with the needs of

the general public and the States, territories, local

governments, and the tourism and recreation industry, and to give

leadership to all concerned with tourism, recreation, and

national heritage preservation in the United States.

-SOURCE-

(Pub. L. 87-63, title I, Sec. 101, formerly Sec. 1, June 29, 1961,

75 Stat. 129; renumbered and amended Pub. L. 97-63, Sec. 2(a), Oct.

16, 1981, 95 Stat. 1011; Pub. L. 102-372, Sec. 5, Sept. 30, 1992,

106 Stat. 1175.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(1). Pub. L. 102-372, Sec. 5(1), amended par.

(1) generally. Prior to amendment, par. (1) read as follows:

"optimize the contribution of the tourism and recreation industries

to economic prosperity, full employment, and the international

balance of payments of the United States;".

Subsec. (b)(2) to (16). Pub. L. 102-372, Sec. 5(2), (3), added

pars. (2) to (5) and redesignated former pars. (2) to (12) as (6)

to (16), respectively.

1981 - Pub. L. 97-63 substituted provisions setting out a

detailed 4-point recital of Congressional findings and establishing

a 12-point national tourism policy for provisions setting out the

former declaration of purpose of this chapter which was to

strengthen the domestic and foreign commerce of the United States,

and promote friendly understanding and appreciation of the United

States by encouraging foreign residents to visit the United States

and by facilitating international travel generally.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 6 of Pub. L. 97-63 provided that: "The amendments made by

this Act [see Short Title of 1981 Amendment note below] shall take

effect October 1, 1981."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-288, Sec. 1, Oct. 11, 1996, 110 Stat. 3402, provided

that: "This Act [enacting sections 2124 and 2141 to 2141f of this

title, amending sections 2122 and 2124c of this title and section

4727 of Title 15, Commerce and Trade, and repealing sections 2123

to 2123d, 2124 to 2124b, and 2126 to 2129 of this title] may be

cited as the 'United States National Tourism Organization Act of

1996'."

SHORT TITLE OF 1992 AMENDMENT

Section 1(a) of Pub. L. 102-372 provided that: "This Act

[enacting sections 2123a to 2123d and 2124c of this title, amending

this section and sections 2122, 2123, 2124 to 2124b, and 2126 of

this title, repealing sections 2123a and 2123b of this title, and

enacting provisions set out as notes under this section and

sections 2122 and 2124 of this title] may be cited as the 'Tourism

Policy and Export Promotion Act of 1992'."

SHORT TITLE OF 1981 AMENDMENT

Section 1 of Pub. L. 97-63 provided that: "This Act [enacting

sections 2123b, 2124a, and 2124b of this title, amending this

section and sections 2122, 2123, 2123a, 2124, and 2126 of this

title, repealing section 2128 of this title, and enacting,

amending, and repealing provisions set out as notes under this

section] may be cited as the 'National Tourism Policy Act'."

SHORT TITLE

Section 1 of Pub. L. 87-63, as amended by Pub. L. 97-63, Sec.

2(a), Oct. 16, 1981, 95 Stat. 1011, provided: "That this Act

[enacting this chapter] may be cited as the 'International Travel

Act of 1961'."

Section 8, formerly Sec. 7, of Pub. L. 87-63, as renumbered Pub.

L. 91-477, Sec. 5, Oct. 21, 1970, 84 Stat. 1072, which had formerly

authorized the citation of Pub. L. 87-63 as the "International

Travel Act of 1961", was repealed by Pub. L. 97-63, Sec. 5(b), Oct.

16, 1981, 95 Stat. 1018.

TOURISM POLICY AND EXPORT PROMOTION; CONGRESSIONAL STATEMENT OF

FINDINGS

Section 2 of Pub. L. 102-372 provided that: "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) in 1991, the travel and tourism industry generated about

six million jobs directly and about two million five hundred

thousand indirectly;

"(4) travel and tourism expenditures in 1991 were approximately

$352,000,000,000;

"(5) forty-two million international visitors spent

approximately $64,700,000,000 in the United States in 1991;

"(6) 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;

"(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 and in the former Soviet

Union provide new opportunities for United States firms engaged

in both the inbound and outbound tourism markets."

NATIONAL TOURISM RESOURCES REVIEW COMMISSION

Pub. L. 91-477, Sec. 6, Oct. 21, 1970, 84 Stat. 1073, provided

that:

"(a) [Establishment; membership]. There is established a

commission to be known as the National Tourism Resources Review

Commission (hereafter in this section referred to as the

'Commission') composed of fifteen members as follows:

"(1) One representative of the Department of Commerce designated

by the Secretary of Commerce.

"(2) One representative of the Department of the Interior

designated by the Secretary of the Interior.

"(3) One representative of the Department of State designated by

the Secretary of State.

"(4) One representative of the Department of Transportation

designated by the Secretary of Transportation.

"(5) Eleven individuals appointed by the President from private

life who are informed about and concerned with the improvement,

development, and promotion of United States tourism resources and

opportunities or who are otherwise experienced in tourism research,

promotion, or planning. The President shall designate one of the

individuals appointed by him to serve as Chairman of the

Commission.

"(b) [Study and investigation; report to President and Congress;

recommendations; termination]. The Commission shall make a full and

complete study and investigation for the purpose of -

"(1) determining the domestic travel needs of the people of the

United States and of visitors from other countries at the present

time and to the year 1980;

"(2) determining the travel resources of the United States

available to satisfy such needs now and to the year 1980;

"(3) determining policies and programs which will insure that

the domestic travel needs of the present and the future are

adequately and efficiently met;

"(4) determining a recommended program of Federal assistance to

the States in promoting domestic travel; and

"(5) determining whether a separate agency of the Government

should be established, or whether an existing department, agency,

or instrumentality within the Government should be designated, to

consolidate and coordinate tourism research, planning, and

development activities presently performed by different existing

agencies of the Government.

The Commission shall submit a comprehensive report of its

activities and the results of such study and investigation,

together with its recommendations with respect thereto, to the

President and to the Congress not later than two years after the

first meeting of the Commission. The Commission shall cease to

exist sixty days after the date of the submission of its

comprehensive report. The comprehensive report of the Commission

shall propose such legislative enactments and administrative

actions as in its judgment are necessary to carry out its

recommendations.

"(c) [Secretarial, clerical, and other assistance by Secretary of

Commerce; information and assistance by Governmental departments

and agencies]. The Secretary of Commerce shall make available to

the Commission such secretarial, clerical, and other assistance as

the Commission may require to carry out its functions under this

section. The Commission is authorized to request from any

department, agency, or independent instrumentality of the

Government any information and assistance it deems necessary to

carry out its functions under this section; and each such

department, agency, and instrumentality is authorized to cooperate

with the Commission and, to the extent permitted by law, to furnish

such information and assistance to the Commission upon request made

by its Chairman.

"(d) [Powers of Commission]. In order to carry out the provisions

of this section, the Commission is authorized -

"(1) to make, promulgate, issue, rescind, and amend rules and

regulations governing the manner of the operations of the

Commission;

"(2) to appoint and fix the compensation of such officers and

employees as are necessary to carry out the provisions of this

section and to prescribe their authority and duties; and

"(3) to obtain the services of experts and consultants in

accordance with section 3109 of title 5, United States Code.

"(e) [Compensation and travel expenses]. (1) Members of the

Commission from private life, while engaged in the performance of

their duties as members of the Commission, shall receive

compensation at a rate to be fixed by the President, not to exceed

$100 each day, including traveltime, and shall, while so serving

away from their homes or regular places of business, be entitled to

travel expenses, including per diem in lieu of subsistence, as

authorized by section 5703 of title 5, United States Code, for

persons in the Government service employed intermittently.

"(2) Members of the Commission who are officers or employees of

the United States shall serve without additional compensation, but

shall be entitled to travel expenses, including per diem in lieu of

subsistence, as authorized by section 5703 of title 5, United

States Code, for persons in the Government service employed

intermittently.

"(f) [Authorization of appropriations]. There are authorized to

be appropriated such sums, not to exceed $750,000, as may be

necessary to carry out the provisions of this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2122 of this title.

-End-

-CITE-

22 USC SUBCHAPTER II - DUTIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER II - DUTIES

-HEAD-

SUBCHAPTER II - DUTIES

-End-

-CITE-

22 USC Sec. 2122 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER II - DUTIES

-HEAD-

Sec. 2122. Powers and duties of Secretary of Commerce

-STATUTE-

In order to carry out the national tourism policy established in

section 2121(b) of this title and by the United States National

Tourism Organization Act of 1996, the Secretary of Commerce

(hereafter in this chapter referred to as the "Secretary") shall

develop and implement a comprehensive plan to perform critical

tourism functions which, in the determination of the Secretary, are

not being carried out by the United States National Tourism

Organization or other private sector entities or State governments.

Such plan may include programs to -

(1) collect and publish comprehensive international travel and

tourism statistics and other marketing information;

(2) design, implement, and publish international travel and

tourism forecasting models;

(3) facilitate the reduction or elimination of barriers to

international travel and tourism; and

(4) work with the United States National Tourism Organization,

the Tourism Policy Council, State tourism agencies, and Federal

agencies in -

(A) coordinating the Federal implementation of a national

travel and tourism policy;

(B) representing the United States' international travel and

tourism interests to foreign governments; and

(C) maintaining United States participation in international

travel and tourism trade shows and fairs until such activities

can be transferred to such Organization and other private

sector entities.

-SOURCE-

(Pub. L. 87-63, title II, Sec. 201, formerly Sec. 2, June 29, 1961,

75 Stat. 129; Pub. L. 93-623, Sec. 6, Jan. 3, 1975, 88 Stat. 2105;

renumbered and amended Pub. L. 97-63, Sec. 3(b), (e)(1), Oct. 16,

1981, 95 Stat. 1012, 1013; Pub. L. 102-372, Sec. 6(a), Sept. 30,

1992, 106 Stat. 1175; Pub. L. 104-288, Sec. 10, Oct. 11, 1996, 110

Stat. 3407.)

-REFTEXT-

REFERENCES IN TEXT

The United States National Tourism Organization Act of 1996,

referred to in text, is Pub. L. 104-288, Oct. 11, 1996, 110 Stat.

3407, as amended. For complete classification of this Act to the

Code, see Short Title of 1996 Amendment note set out under section

2121 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-288 amended section generally to narrow

tourism-related duties of Secretary of Commerce, in view of

creation of United States National Tourism Organization, with

Secretary to focus on critical promotion functions which, in

determination of Secretary, are not being carried out by new

Organization or other private sector or State entities.

1992 - Par. (2). Pub. L. 102-372, Sec. 6(3), added par. (2).

Former par. (2) redesignated (3).

Par. (3). Pub. L. 102-372, Sec. 6(a)(1), (2), redesignated former

par. (2) as (3) and substituted "receptive, linguistic,

informational, currency exchange, meal, and package tour services

required by the international market" for "tourist facilities, low

cost unit tours, and other arrangements within the United States

for meeting the requirements of foreign visitors". Former par. (3)

redesignated (4).

Pars. (4) to (6). Pub. L. 102-372, Sec. 6(a)(1), redesignated

former pars. (3) to (5) as (4) to (6), respectively. Former par.

(6) redesignated (7).

Par. (7). Pub. L. 102-372, Sec. 6(1), (4), redesignated former

par. (6) as (7) and substituted "and the use of other United States

providers of travel products and services; and" for period at end.

Par. (8). Pub. L. 102-372, Sec. 6(5), added par. (8).

1981 - Pub. L. 97-63, Sec. 3(b), substituted "In order to carry

out the national tourism policy established by section 2121(b) of

this title" for "In order to carry out the purpose of this

chapter".

1975 - Par. (6). Pub. L. 93-623 added par. (6).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-63 effective Oct. 1, 1981, see section 6

of Pub. L. 97-63, set out as a note under section 2121 of this

title.

SURVEY OF INTERNATIONAL AIR TRAVELERS

Section 3 of Pub. L. 102-372 provided that: "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."

REPORT ON TOURISM AND TRAVEL ACTIVITIES

Section 18 of Pub. L. 102-372 directed Secretary of Commerce,

within 18 months after Sept. 30, 1992, to report to Congress on (1)

status of actions required by section 3 of Pub. L. 102-372 and

desirability and feasibility of publishing international travel

receipts and payments on a monthly basis, (2) Secretary's actions

under 22 U.S.C. 2122(8) regarding the inbound and outbound tourism

trade between United States and emerging democracies of Eastern

Europe and the former Soviet Union, (3) activities of Department of

Commerce and other Federal agencies to increase tourism

opportunities for, and encourage travel by, disabled persons, and

(4) efforts undertaken under 22 U.S.C. 2123c to improve visitor

facilitation and effect on United States travel and tourism as a

result of those improvements.

-End-

-CITE-

22 USC Secs. 2123 to 2123d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER II - DUTIES

-HEAD-

Secs. 2123 to 2123d. Repealed. Pub. L. 104-288, Sec. 9(a), Oct. 11,

1996, 110 Stat. 3407

-MISC1-

Section 2123, Pub. L. 87-63, title II, Sec. 202, formerly Sec. 3,

June 29, 1961, 75 Stat. 130; Pub. L. 91-477, Secs. 1, 2, Oct. 21,

1970, 84 Stat. 1071, 1072; renumbered and amended Pub. L. 97-63,

Sec. 3(c), (d), (e)(1), Oct. 16, 1981, 95 Stat. 1012, 1013; Pub. L.

102-372, Secs. 4(n), 6(b), (c), 7, 8(b), Sept. 30, 1992, 106 Stat.

1174, 1176, 1178, enumerated duties of Secretary of Commerce in

carrying out national tourism policy.

Section 2123a, Pub. L. 87-63, title II, Sec. 203, as added Pub.

L. 102-372, Sec. 8(a), Sept. 30, 1992, 106 Stat. 1177, provided for

program of financial assistance to cooperative tourism marketing

programs.

A prior section 2123a, Pub. L. 87-63, title II, Sec. 203,

formerly Sec. 5, June 29, 1961, 75 Stat. 130; renumbered title II,

Sec. 203, and amended Pub. L. 97-63, Sec. 3(e), Oct. 16, 1981, 95

Stat. 1013, directed Secretary to submit annual reports to

President and Congress on activities under this chapter, prior to

repeal by Pub. L. 102-372, Sec. 8(a), Sept. 30, 1992, 106 Stat.

1177. Section was formerly classified to section 2125 of this title

prior to its renumbering by Pub. L. 97-63.

Section 2123b, Pub. L. 87-63, title II, Sec. 204, as added Pub.

L. 102-372, Sec. 9, Sept. 30, 1992, 106 Stat. 1178, provided for

program to identify and eliminate tourism trade barriers.

A prior section 2123b, Pub. L. 87-63, title II, Sec. 204, as

added Pub. L. 97-63, Sec. 3(f), Oct. 16, 1981, 95 Stat. 1013,

related to a regional tourism promotional and marketing program,

prior to repeal by Pub. L. 102-372, Sec. 8(a), Sept. 30, 1992, 106

Stat. 1177.

Section 2123c, Pub. L. 87-63, title II, Sec. 205, as added Pub.

L. 102-372, Sec. 10, Sept. 30, 1992, 106 Stat. 1178, directed

Secretary of Commerce to take appropriate steps to prevent

unnecessary delays when foreign tourists enter United States.

Section 2123d, Pub. L. 87-63, title II, Sec. 206, as added Pub.

L. 102-372, Sec. 11, Sept. 30, 1992, 106 Stat. 1179, provided for

measurement and evaluation of performance of United States Travel

and Tourism Administration.

-End-

-CITE-

22 USC SUBCHAPTER III - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER III - ADMINISTRATION

-HEAD-

SUBCHAPTER III - ADMINISTRATION

-End-

-CITE-

22 USC Sec. 2124 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 2124. Tourism Policy Council

-STATUTE-

(a) Establishment

In order to ensure that the United States' national interest in

tourism is fully considered in Federal decision making, there is

established a coordinating council to be known as the Tourism

Policy Council (hereafter in this chapter referred to as the

"Council").

(b) Membership

The Council shall consist of the following individuals:

(1) The Secretary of Commerce, who shall serve as the Chairman

of the Council.

(2) The Under Secretary of Commerce for International Trade.

(3) The Director of the Office of Management and Budget.

(4) The Secretary of State.

(5) The Secretary of the Interior.

(6) The Secretary of Labor.

(7) The Secretary of Transportation.

(8) The Commissioner of the United States Customs Service.

(9) The President of the United States National Tourism

Organization.

(10) The Commissioner of the Immigration and Naturalization

Service.

(11) Representatives of other Federal agencies which have

affected interests at each meeting as deemed appropriate and

invited by the Chairman.

(c) No additional compensation for Council members

Members of the Council shall serve without additional

compensation.

(d) Council meetings

The Council shall conduct its first meeting not later than 6

months after October 11, 1996. Thereafter the Council shall meet

not less than 2 times each year.

(e) Involvement of Federal agencies and departments

(1) The Council shall coordinate national policies and programs

relating to international travel and tourism, recreation, and

national heritage resources, which involve Federal agencies;

(2) The Council may request directly from any Federal department

or agency such personnel, information, services, or facilities as

deemed necessary by the Chairman and to the extent permitted by law

and within the limits of available funds.

(3) Federal departments and agencies may, in their discretion,

detail to temporary duty with the Council such personnel as the

Chairman may request for carrying out the functions of the Council.

Each such detail of personnel shall be without loss of seniority,

pay, or other employee status.

(f) Closed meetings

Where necessary to prevent the public disclosure of non-public

information which may be presented by a Council member, the Council

may hold, at the discretion of the Chairman, a closed meeting which

may exclude any individual who is not an officer or employee of the

United States.

(g) Annual report

The Council shall submit an annual report for the preceding

fiscal year to the President for transmittal to the Congress on or

before December 31 of each year. The report shall include -

(1) a comprehensive and detailed report of the activities and

accomplishments of the Council;

(2) the results of Council efforts to coordinate the policies

and programs of member's agencies that have a significant effect

on international travel and tourism, recreation, and national

heritage resources, including progress toward resolving

interagency conflicts and development of cooperative program

activity;

(3) an analysis of problems referred to the Council by State

and local governments, the tourism industry, the United States

National Tourism Organization, the Secretary of Commerce, along

with a detailed summary of any action taken or anticipated to

resolve such problems; and

(4) any recommendation as deemed appropriate by the Council.

(h) Applicability of Federal Advisory Committee Act

The membership of the President of the United States National

Tourism Organization on the Council shall not in itself make the

Federal Advisory Committee Act applicable to the Council.

-SOURCE-

(Pub. L. 87-63, title III, Sec. 301, as added Pub. L. 104-288, Sec.

11, Oct. 11, 1996, 110 Stat. 3408.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 2124, Pub. L. 87-63, title III, Sec. 301,

formerly Sec. 4, June 29, 1961, 75 Stat. 130; Pub. L. 88-426, title

III, Sec. 305(29), Aug. 14, 1964, 78 Stat. 426; Pub. L. 91-477,

Sec. 3(a), Oct. 21, 1970, 84 Stat. 1072; renumbered and amended

Pub. L. 97-63, Sec. 4(a)(1)-(3), (b), (c)(2), Oct. 16, 1981, 95

Stat. 1014, 1015; Pub. L. 102-372, Secs. 12-14, Sept. 30, 1992, 106

Stat. 1180, related to establishment of United States Travel and

Tourism Administration, prior to repeal by Pub. L. 104-288, Sec.

9(a), Oct. 11, 1996, 110 Stat. 3407.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-End-

-CITE-

22 USC Secs. 2124a, 2124b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Secs. 2124a, 2124b. Repealed. Pub. L. 104-288, Secs. 9(a), 11, Oct.

11, 1996, 110 Stat. 3407, 3408

-MISC1-

Section 2124a, Pub. L. 87-63, title III, Sec. 302, as added Pub.

L. 97-63, Sec. 4(c)(2), Oct. 16, 1981, 95 Stat. 1015; amended Pub.

L. 102-372, Sec. 15, Sept. 30, 1992, 106 Stat. 1181, provided for

establishment of Tourism Policy Council. See section 2124 of this

title.

Section 2124b, Pub. L. 87-63, title III, Sec. 303, as added Pub.

L. 97-63, Sec. 4(c)(2), Oct. 16, 1981, 95 Stat. 1017; amended Pub.

L. 102-372, Sec. 16, Sept. 30, 1992, 106 Stat. 1181, provided for

establishment of Travel and Tourism Advisory Board.

-End-

-CITE-

22 USC Sec. 2124c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 2124c. Rural Tourism Development Foundation

-STATUTE-

(a) 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").

(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) Composition

(A) The Foundation shall have a Board of Directors (hereafter

in this section referred to as the "Board") that -

(i) during its first two years shall consist of nine voting

members; and

(ii) thereafter shall consist of those nine members plus up

to six additional voting members as determined in accordance

with the bylaws of the Foundation.

(B)(i) The Secretary of Commerce shall, within six months after

September 30, 1992, appoint the initial nine voting members of

the Board and thereafter shall appoint the successors of each of

three 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 one shall have experience and

expertise in resource conservation, at least one shall have

experience and expertise in financial administration in a

fiduciary capacity, at least one shall be a representative of an

Indian tribe who has experience and expertise in rural tourism on

an Indian reservation, at least one shall represent a regional or

national organization or association with a major interest in

rural tourism development or promotion, and at least one 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 six

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

prior to 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 sixty days after the vacancy occurs.

(2) Ex-officio members

The Secretary of Commerce 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) Chair

The Chairman and Vice Chairman of the Board shall be elected by

the voting members of the Board for terms of two years.

(4) Meetings

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) In general

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

expenditure 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) Indians

A gift, devise, or bequest accepted by the Foundation for the

benefit of or in connection with rural tourism on Indian

reservations, pursuant to section 451 of title 25, 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 general

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 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) Services

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 or the civil service classification

laws, rules, or regulations.

(3) Construction

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, relating to compensation for

work injuries, and chapter 171 of title 28, 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.

(g742l) 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.

(m) Definitions

As used in this section -

(1) the term "Indian reservation" has the meaning given the

term "reservation" in section 1452(d) of title 25;

(2) the term "Indian tribe" has the meaning given that term in

section 450b(e) of title 25;

(3) the term "local government" has the meaning given that term

in section 3371(2) of title 5; 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.

-SOURCE-

(Pub. L. 102-372, Sec. 4, Sept. 30, 1992, 106 Stat. 1171; Pub. L.

104-288, Sec. 9(b), Oct. 11, 1996, 110 Stat. 3407.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (i)(1), are classified

to section 3301 et seq. of Title 5, Government Organization and

Employees.

The civil service classification laws, referred to in subsec.

(i)(2), probably should refer to civil service and classification

laws. The civil service laws are set forth in Title 5. See,

particularly, section 3301 et seq. of Title 5. The classification

laws are set forth in chapter 51 and subchapter III of chapter 53

of Title 5.

-COD-

CODIFICATION

Section is comprised of section 4 of Pub. L. 102-372. Subsec. (n)

of section 4 of Pub. L. 102-372 amended section 2123(a) of this

title.

Section was enacted as part of the Tourism Policy and Export

Promotion Act of 1992, and not as part of the International Travel

Act of 1961 which comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(1)(B)(i), (2). Pub. L. 104-288 substituted

"Secretary of Commerce" for "Under Secretary of Commerce for Travel

and Tourism".

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-End-

-CITE-

22 USC Sec. 2125 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 2125. Transferred

-COD-

CODIFICATION

Section, Pub. L. 87-63, title II, Sec. 203, formerly Sec. 5, June

29, 1961, 75 Stat. 130, which related to annual reports to the

President and Congress, was renumbered by Pub. L. 97-63, Sec. 3(e),

Oct. 16, 1981, 95 Stat. 1013, transferred to section 2123a of this

title, and subsequently repealed by Pub. L. 102-372, Sec. 8(a),

Sept. 30, 1992, 106 Stat. 1177.

-End-

-CITE-

22 USC Secs. 2126 to 2129 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 31 - INTERNATIONAL TRAVEL

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Secs. 2126 to 2129. Repealed. Pub. L. 104-288, Sec. 9(a), Oct. 11,

1996, 110 Stat. 3407

-MISC1-

Section 2126, Pub. L. 87-63, title III, Sec. 304, formerly Sec.

6, June 29, 1961, 75 Stat. 130; Pub. L. 91-477, Sec. 4, Oct. 21,

1970, 84 Stat. 1072; Pub. L. 93-193, Sec. 1(a), Dec. 19, 1973, 87

Stat. 765; Pub. L. 94-55, Sec. 1, July 9, 1975, 89 Stat. 262; Pub.

L. 96-85, Sec. 1, Oct. 10, 1979, 93 Stat. 655; renumbered and

amended Pub. L. 97-63, Sec. 5(a), Oct. 16, 1981, 95 Stat. 1018;

Pub. L. 102-372, Sec. 17, Sept. 30, 1992, 106 Stat. 1181,

authorized appropriations to carry out this chapter.

Section 2127, Pub. L. 87-63, title III, Sec. 305, formerly Sec.

7, as added Pub. L. 91-477, Sec. 5, Oct. 21, 1970, 84 Stat. 1072,

and renumbered Pub. L. 97-63, Sec. 5(b), Oct. 16, 1981, 95 Stat.

1018, defined terms used in this chapter.

Section 2128, Pub. L. 87-63, title III, Sec. 306, as added Pub.

L. 101-508, title X, Sec. 10301(a), Nov. 5, 1990, 104 Stat.

1388-395, provided for United States Travel and Tourism

Administration Facilitation fee to be collected from each airline

and cruise ship line transporting passengers to United States.

A prior section 2128, Pub. L. 87-63, Sec. 9, as added Pub. L.

96-85, Sec. 2, Oct. 10, 1979, 93 Stat. 655, related to reduction in

number of employees of United States Travel Service in District of

Columbia offices, prior to repeal by Pub. L. 97-63, Sec. 5(b), Oct.

16, 1981, 95 Stat. 1018, effective Oct. 1, 1981.

Section 2129, Pub. L. 87-63, title III, Sec. 307, as added Pub.

L. 101-508, title X, Sec. 10301(b), Nov. 5, 1990, 104 Stat.

1388-396, provided civil penalties for nonpayment of Travel and

Tourism Administration Facilitation fee.

-End-