Text: H.R.4369 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4369 IH
101st CONGRESS
2d Session
 H. R. 4369
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.
IN THE HOUSE OF REPRESENTATIVES
March 22, 1990
Mr. THOMAS A. LUKEN (for himself, Mr. WHITTAKER, Mr. SWIFT, Mr. RINALDO,
Mr. BOUCHER, Mr. TAUKE, Mr. MANTON, Mr. MCMILLEN of Maryland, Mr. TAUZIN,
Mr. ECKART, Mr. RICHARDSON, Mr. SKELTON, Mr. CAMPBELL of Colorado, Mr. NELSON
of Florida, Mr. TALLON, Mr. POSHARD, Mr. TOWNS, Mr. WILSON, Mr. DE LUGO,
Mr. MACHTLEY, Mr. LENT, Mr. HANSEN, Mr. LANCASTER, Mrs. VUCANOVICH,
Mr. HATCHER, Mr. UPTON, Mr. BILBRAY, Mr. NOWAK, Mr. NEAL of Massachusetts,
Mr. RAHALL, Mr. ROTH, Mr. MRAZEK, Mr. PAYNE of Virginia, Mr. BATEMAN,
Mr. HENRY, Mr. BOEHLERT, Mr. LEHMAN of Florida, Mr. EMERSON, Mr. HEFNER,
Mr. LAGOMARSINO, Mr. GRANT, Mr. FUSTER, Mr. RANGEL, Mr. RITTER, Mr. AKAKA,
Mr. COSTELLO, Mr. NIELSON of Utah, Mr. CRAIG, Mr. DARDEN, Mr. HAMMERSCHMIDT,
Mr. OLIN, Mr. MAVROULES, Mr. MINETA, Mr. SIKORSKI, Mr. DYSON, Mr. MAZZOLI,
Mr. WOLPE, Mr. PALLONE, Mr. FIELDS, Mr. LIVINGSTON, Mr. BLAZ, Mr. HALL
of Texas, Mr. BEVILL, Mr. SCHEUER, Mr. MCEWEN, Mr. HANCOCK, Mr. PICKETT,
Mr. CLEMENT, Mr. WISE, Mr. MOLLOHAN, Mr. BILIRAKIS, Mr. PARRIS, Mr. MORRISON
of Washington, Mrs. UNSOELD, Mr. MILLER of Washington, Mr. THOMAS of Wyoming,
Mr. ESPY, Mrs. COLLINS, Mr. BUSTAMANTE, Mr. SKEEN, Mr. INHOFE, Mr. GILLMOR,
Mr. GEKAS, Mr. CHANDLER, Mr. DICKS, Mr. VALENTINE, Mr. JENKINS, Mr. OXLEY,
Mr. LEWIS of Georgia, Mr. STAGGERS, and Mr. SCHAEFER) introduced the following
bill; which was referred jointly to the Committees on Energy and Commerce
and Ways and Means
A BILL
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.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE.
  (a) SHORT TITLE- This Act may be cited as the `Tourism Policy and Export
  Promotion Act of 1990'.
  (b) REFERENCE- Whenever in this Act (other than section 5) 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.
SEC. 2. FINDINGS.
  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 6.6 percent of the United
  States gross national product,
  (3) travel and tourism expenditures last year were approximately
  $323,000,000,000,
  (4) in 1988 the travel and tourism industry generated about six million
  jobs directly and about two million five hundred thousand indirectly,
  (5) international visitors spent approximately $37,000,000,000 in the
  United States last year, but foreign tourists entering the United States
  are frequently faced with unnecessary delays at the United States border,
  (6) travel and tourism services ranked as the largest United States export
  in 1988,
  (7) 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,
  (8) although the trade deficit is shrinking, imports continue at record
  levels, and export expansion must remain a national priority, and
  (9) exporting those goods and services which United States industry can
  produce at a comparative cost-advantage, such as tourism services, will
  be in the Nation's long-term strategic interest.
SEC. 3. NATIONAL GOAL.
  It shall be the national goal under this Act to increase and sustain
  United States export earnings from United States tourism and transportation
  services traded internationally, toward--
  (1) the elimination of the travel and tourism export deficit of the United
  States and the overall United States trade deficit, and
  (2) the achievement and maintenance of a travel and tourism export surplus.
SEC. 4. MONTHLY STATISTICAL REPORT.
  Not later than January 1, 1991, 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.
SEC. 5. TOURISM TRADE BARRIERS.
  (a) Section 181(a)(1)(A)(i) of the Trade Act of 1974 (19
  U.S.C. 2241(a)(1)(A)(i)) is amended by inserting `travel and tourism;'
  immediately after `commodities;'.
  (b) Section 181(b)(1) of the Trade Act of 1974 (19 U.S.C. 2241(b)(1) is
  amended by inserting `and Committee on Commerce, Science, and Transportation'
  immediately after `Finance'.
SEC. 6. TOURISM TRADE DEVELOPMENT.
  (a) Section 202 (22 U.S.C. 2123) is amended by adding at the end the
  following new subsection:
  `(e) Beginning with fiscal year 1990, each annual tourism trade development
  plan developed and submitted to the Congress by the Secretary under
  subsection (a)(15) of this section shall focus on those countries with
  respect to which tourism trade development has the greatest potential for
  increasing travel and tourism export revenues.'.
  (b)(1) Section 202(a)(15) (22 U.S.C. 2123(a)(15)) is amended by inserting
  `after a majority vote of approval by the Travel and Tourism Advisory Board'
  immediately after `within six weeks'.
  (2) Section 303(a)(3) (22 U.S.C. 2124b(a)(3)) is amended--
  (A) in subparagraph (A), by striking `and',
  (B) in subparagraph (B), by striking `one' and inserting in lieu thereof
  `two' and by striking the period at the end and inserting in lieu thereof
  `; and', and
  (C) by adding at the end the following new subparagraph:
  `(C) at least one shall be a representative of a city who is knowledgeable
  of tourism promotion.'.
  (3) The first sentence of section 303(f) (22 U.S.C. 2124b(f)) is amended--
  (A) by striking `and' and inserting in lieu thereof a comma, and
  (B) by inserting just before the period at the end the following: `,
  and shall vote on such plan prior to its submission to the Congress'.
  (4) The requirements added by paragraphs (1), (2), and (3) of this subsection
  shall not apply until fiscal year 1990.
  (c)(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 301(a) (22 U.S.C. 2124(a)) is amended--
  (A) by striking `Marketing' and inserting in lieu thereof `Trade
  Development', and
  (B) by striking `marketing' and inserting in lieu thereof `tourism trade
  development'.
  (3) Section 303(f) (22 U.S.C. 2124b(f)) is amended--
  (A) by striking `Marketing' and inserting in lieu thereof `Trade
  Development', and
  (B) by striking `marketing' and inserting in lieu thereof `tourism trade
  development'.
SEC. 7. COORDINATION.
  (a) Section 301 (22 U.S.C. 2124) is amended by adding at the end the
  following subsection:
  `(c)(1) The Secretary shall ensure that the facilities and services of the
  United States and Foreign Commercial Service are available to assist the
  United States Travel and Tourism Administration at locations identified by
  the Under Secretary of Commerce for Travel and Tourism, in consultation
  with the Director General of the United States and Foreign Commercial
  Service, as necessary to assist the Administration's foreign offices in
  stimulating and encouraging the travel to the United States by foreign
  residents and in carrying out other powers and duties of the Secretary
  specified in section 202.
  `(2) The Secretary, acting through the United States Travel and Tourism
  Administration, shall take appropriate action and coordinate with other
  appropriate Federal agencies to ensure that foreign tourists visiting
  the United States are not unnecessarily delayed when entering the United
  States.'.
SEC. 8. RURAL TOURISM FOUNDATION.
  (a)(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 enable the United States Travel and Tourism Administration to
  coordinate and assist in the promotion of rural tourism, there is established
  a charitable and nonprofit corporation to be known as the Rural Tourism
  Foundation (hereinafter in this section referred to as the `Foundation').
  (b)(1) The Foundation shall have a Board of Directors, consisting of--
  (A) the Under Secretary of Commerce for Travel and Tourism (hereafter in
  this section referred to as the `Under Secretary'),
  (B) representatives of such Federal agencies with responsibility for
  Federal recreational sites as the Under Secretary determines appropriate
  (including the National Park Service, Bureau of Land Management, Forest
  Service, and Corps of Engineers), and
  (C) twelve private citizens of the United States, who shall be appointed
  by the Under Secretary and at least six of whom shall have experience and
  expertise in tourism trade promotion, resource conservation, or financial
  administration in a fiduciary capacity.
  (2) Private citizens appointed to membership on the Board shall each
  serveÒa term of 6 years, except that--
  (A) initial terms shall be staggered to assure continuity of administration,
  and
  (B) if a person is appointed to fill a vacancy occurring prior to the
  expiration of the term of his or her predecessor, that person shall serve
  only for the remainder of the predecessor's term.
  (3) The Under Secretary shall be the Chairman of the Board and shall
  appoint a Vice Chairman from among the private citizen members of the Board.
  (4) The Board shall meet at the call of the Chairman and there shall be
  at least 2 meetings each year. A majority of the 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. Membership on the Board shall not be deemed to be an
  office within the meaning of the laws of the United States.
  (c) 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
  travel 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.
  (d) 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.
  (e) 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. The Foundation may utilize
  the services and facilities of the Federal Government and such services
  and facilities may be made available on request to the extent practicable
  without reimbursement therefor.
  (f) 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.
  (g) 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.
  (h) In carrying out this section, the Board may adopt bylaws, rules, and
  regulations necessary for the administration of its functions and contract
  for any necessary services.
  (i) 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.
  (j) The United States shall not be liable for any debts, defaults, acts,
  or omissions of the Foundation.
  (k) 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.
  (l) As used in this section, the term `rural tourism' means travel and
  tourism activities occurring outside of United States Standard Metropolitan
  Statistical Areas, including activities on Federal recreational sites and
  in the territories, possessions, and commonwealths of the United States.
SEC. 9. TOURISM DEVELOPMENT STUDY.
  (a) The Secretary of Commerce shall assemble available information on
  economic activity associated with scenic and recreational travel, including
  but not limited to case studies of existing scenic byways. The Secretary
  shall consult with other departments and agencies of the United States
  which may have relevant data.
  (b) The Secretary shall also conduct a study and make recommendations
  regarding--
  (1) economic effects associated with the public identification and promotion
  of scenic byways as tourist attractions, and
  (2) techniques for incorporating scenic byways into tourism development
  programs.
  (c) Not later than one year after the date of enactment of this Act, the
  Secretary shall transmit to Congress a report on the information assembled
  under subsection (a) and the results of the study conducted under subsection
  (b).
SEC. 10. POLICY CLARIFICATIONS.
  (a)(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 (5) through
  (15), 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;'.
  (b) Section 201 (22 U.S.C. 2122) is amended--
  (1) by redesignating paragraphs (2) through (6) as paragraphs (3) through
  (7), respectively,
  (2) in paragraph (3), as so redesignated, by striking `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;', and
  (3) by inserting immediately after paragraph (1) the following new paragraph:
  `(2) provide export promotion services that will increase the number
  of States, cities, 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;'.
  (c)(1) 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'.
  (2) Section 202 (22 U.S.C. 2123), as amended by section 6, is amended by
  adding at the end the following:
  `(f) The Secretary is authorized to expand funds appropriated to carry
  out this Act, 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 are authorized to be made available for two
  fiscal years.'.
  (d) Section 203 (22 U.S.C. 2124) is repealed.
  (e)(1) Section 302(b)(1) (22 U.S.C. 2124a(b)(1)) is amended--
  (A) by redesignating subparagraphs (H) and (I) as subparagraphs (L) and
  (M), and
  (B) by inserting immediately after subparagraph (G) the following new
  subparagraphs:
  `(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;'.
  (2) Section 302(d) (22 U.S.C. 2124a) is amended by adding at the end the
  following new paragraph:
  `(4)(A) Every year, each of three Federal departments and agencies
  represented on the Council, as designated by the Secretary of Commerce
  in accordance with subparagraph (B), shall 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 of Commerce 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.'.
SEC. 11. AUTHORIZATION.
  The first sentence of section 304 (22 U.S.C. 2126) is amended by inserting
  immediately before the period the following: `, not to exceed $15,000,000
  for the fiscal year ending September 30, 1990, not to exceed $16,000,000
  for the fiscal year ending September 30, 1991, and not to exceed $17,000,000
  for the fiscal year ending September 30, 1992.'.