Tourism Policy and Export Promotion Act of 1992
PL 102-372 (S.680), enacted 09/30/1992

106 STAT. 1170 
PUBLIC LAW 102-372—SEPT. 30, 1992 
Public Law 102-372 
102d Congress 
An Act 
Sept. 30, 1992 
To amend the International Travel Act of 1961 to assist in the growth of international 
[8. 680] 
travel and tourism in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Tourism Policy 
the United States of America in Congress assembled, 
and Export 
Promotion Act 
SECTION 1. SHORT TITLE; REFERENCE. 
of 1992. 
Commerce and 
(a) SHORT TITLE.—This Act may be cited as the "Tourism PoUcy 
trade. 
and Export Promotion Act of 1992". 
relations 
^^^ REFERENCE.—^Whenever in this Act an amendment or repeal 
22 U^2i2l 
is expressed in terms of an amendment to, or repeal of, a section 
note. 
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.). 
22 use 2121 
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 6.7 percent 
of the United States gross national product; 
(3) in 1991, the travel £ind tourism industry generated 
about six million jobs directly and about two million five hun-
dred thousand indirectly; 
(4) travel and tourism expenditures in 1991 were approxi-
mately $352,000,000,000; 
(5) forty-two million international visitors spent approxi-
mately $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 poten-
tial are imable to realize the economic and employment 
opportunities that tourism provides because they lack the nec-
essary 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 fiirther the conservation and promotion of natural, 
scenic, historic, scientific, educational, inspirational, and rec-
reational resources for future generations of Americans and 
foreign visitors; 
(9) foreign tourists entering the United States are fi:e-
quently faced with unnecessary delays at the United States 
border; 
(10) advanced technologies, industrial targeting, the indus-
trialization 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; 
PUBLIC LAW 102-372—SEPT. 30, 1992 
106 STAT. 1171 
(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 for-
merly Communist nations of Eastern Europe and in the former 
Soviet Union provide new opportiuiities for United States firms 
engaged in both the inbound and outbound tourism markets. 
SEC. 3. SURVEY OF INTEBNATIONAL AIR TRAVELERS. 
22 USC 2122 
The Secretary of Commerce, to the extent available resources 
permit, shall improve the survey of international air travelers con-
ducted to provide the data needed to estimate the Nation's balance 
of payments in international travel by— 
(1) expEuiding 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 sur-
veys 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 Analy-
sis document known as "The Survey of Current Services" and 
heighten its visibility. 
SEC. 4. RURAL TOURISM DEVELOPMENT FOUNDATION. 
22 USC 2124c. 
(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 "Founciation"). 
(b) FUNCTIONS.—The functions of the Foundation shall be the 
planning, development, and implementation of projects and pro-
grams which have the potential to increase travel and tourism 
export revenues by attracting foreign visitors to rural America. 
Initially, such projects and progrsuns shall include— 
(1) participation in the development and distribution of 
educational and promotional materials pertaining to both pri-
vate 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") 
t h a l ^ 
106 STAT. 1172 
PUBLIC LAW 102-372—SEPT. 30, 1992 
(i) during its first two years shall consist of nine voting 
members; and 
(ii) thereafter shaU consist of those nine members plus 
up to six additional voting members as determined in 
accordance with the bylaws of the Foimdation. 
(B)(i) The Under Secretary of Commerce for Travel and 
Tourism shall, within six months after the date of enactment 
of this Act, 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 Bosird, 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 dem-
onstrated 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 shsill 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 prede-
cessor, 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 Under Secretary of Com-
merce for Travel and Tourism smd representatives of Federal 
agencies with responsibiUty 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 nonvotmg ex-ofiicio 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. 
PUBLIC LAW 102-372—SEPT. 30,1992 
106 STAT. 1173 
(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 Foxuidation funds available 
to the Board for such purposes. 
(e) ACCEPTANCE OP GIFTS, DEVISES, AND BEQUESTS.— 
(1) IN GENERAL.—^The Foundation is authorized to accept, 
receive, soUcit, hold, administer, and use any gifts, devises, 
or bequests, either absolutely or in trust, of r e ^ 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 Foimdation. A gift, devise, or bequest may 
be accepted by the Foimdation 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 rnrel tourism 
on Indian reservations, pursuant to the Act of Februsiry 14, 
1931 (25 U.S.C. 451), shall be maintained in a separate account-
ing 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 personsdly liable, except for malfeasance. 
(h) CONTRACTUAL POWER.—The Foimdation 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 pur-
poses. 
(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 fimctions 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 with-
out 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. 
106 STAT. 1174 
PUBLIC LAW 102-372—SEPT. 30, 1992 
without regard to section 1342 of title 31, United States Code, 
or the civil service classification laws, rules, or regulations. 
(3) CONSTRUCTION.—^Neither an officer or employee hired 
under paragraph (1) nor £in 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, relat-
ing to tort claims. 
(j) EXEMPTION FROM TAXES; CONTRIBUTIONS.—The Foundation 
and any income or property received or owned by it, and all trans-
actions relating to such income or property, shall be exempt from 
all Federal, State, and local taxation with respect thereto. The 
Foimdation 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 £ind 
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 Founda-
tion. 
(1) ANNUAL REPORT.—The Foundation shall, as soon as prac-
ticable 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 Rep-
resentatives 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 "Indisin tribe" has the meaning given that 
term in section 4(e) of the Indian Self-Determination and Edu-
cation 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) 
of the International Travel Act of 1961 (22 U.S.C. 2123(a)) is amend-
ed by striking peiragraph (15) and inserting in lieu thereof the 
following new paragraph: 
"(15) may assist the Rural Tourism Development Founda-
tion, established under section 4 of the Tourism Policy and 
Export Promotion Act of 1992, in the development and pro-
motion of rural tourism.". 
PUBLIC LAW 102-372—SEPT. 30, 1992 
106 STAT. 1175 
SEC. 5. POLICY CLARIFICATIONS. 
Section 101(b) (22 U.S.C. 2121(b)) is amended— 
(1) by simending paragraph (1) to read as follows: 
"(1) optimize the contributions of the tourism and recre-
ation industries to the position of the United States with respect 
to international competitiveness, economic prosperity, full 
emplojonent, and the balance of pajmients;"; 
(2) by redesignating paragraphs (2) through (12) as para-
graphs (6) through (16), respectively; and 
(3) by inserting immediately atfter paragraph (1) the fol-
lowing new paragraphs: 
"(2) increase United States export earnings from United 
States tourism and transportation services traded internation-
ally; 
"(3) ensure the orderly growth and development of tourism; 
"(4) coordinate and encourage the development of the tour-
ism industry in rural communities which— 
"(A) have been severely affected by the decline of agri-
culture, family farming, or the extraction or manufacturing 
industries, or by the closing of military bases; and 
"(B) have the potential necessary to support and sus-
tain 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;". 
SEC. 6. DUTIES OF THE SECRETARY OF COMMERCE. 
(a) DUTIES OF SECRETARY.—Section 201 (22 U.S.C. 2122) is 
amended— 
(1) by redesignating paragraphs (2) through (6) as para-
graphs (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;"; 
(3) by inserting immediately after paragraph (1) the fol-
lowing: 
"(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 inter-
national market, expand the number of foreign markets in 
which e^orting States, cities, and companies are active, and 
inform States, cities, and companies in the United States 
regarding the specialized services the international market 
requires;"; 
(4) by striking the period at the end of paragraph (7) 
(as so redesignated) and inserting in lieu thereof the following: 
"and the use of other United States providers of travel products 
and services; and"; and 
(5) by inserting immediately after such paragraph (7) the 
following new paragraph: 
"(8) advise and provide information and technical assist-
ance to United States firms seeking to facihtate travel to and 
from the emerging democracies of Eastern Europe and the 
106 STAT. 1176 
PUBLIC LAW 102-372—SEPT. 30, 1992 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
former Soviet Union and compile statistics, as available, regau'd-
ing such travel.". 
(b) 
PERFORMANCE OF DUTIES.—Section 202(a) (22 U.S.C. 
2123(a)) is amended— 
(1) by amending paragraph (5) to read as follows: 
"(5) shall provide financial assistance under section 203 
to cooperative tourism marketing programs;"; 
(2) in paragraph (9), by striking "United States travel 
and tourism interests" and inserting in lieu thereof "the United 
States national tourism interest"; and 
(3) in paragraph (12), by inserting immediately before the 
semicolon at the end the following: "and the use of other United 
States providers of travel products and services". 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 202 
(22 U.S.C. 2123) is amended— 
(1) in the first sentence of subsection (c), by striking "para-
graph (5) of subsection (a)" sind inserting in lieu thereof "section 
203^'; 
(2) in the second sentence of subsection (c), by striking 
"paragraph" and inserting in lieu thereof "subsection"; 
(3) in the third sentence of subsection (c), by striking "para-
graph (5) of subsection (a) of this section" and inserting in 
lieu thereof "section 203"; and 
(4) in subsection (d), by striking "paragraph (5) of sub-
section (a) of this section" and inserting in lieu thereof "section 
203". 
SEC. 7. TOURISM TRADE DEVELOPMENT. 
Section 202 (22 U.S.C. 2123) is amended by adding at the 
end the following new subsection: 
"(e)(1) The Secretarj^s tourism trade development efforts shall 
focus on the markets which have the greatest potential for increas-
ing travel and tourism revenues. 
"(2) By October 1 of each year (commencing October 1, 
1993), the Secretary shall pubHsh a notice in the Federal Register 
soliciting comment, from persons interested in tourism trade, con-
cerning markets that would be an appropriate focus of tourism 
trade development efforts to be carried out in the twelve-month 
period that begins twelve months after the notice is published. 
"(3) Not later than three months after the notice is published 
under paragraph (2), the Secretary shall select the markets that 
the Secretsiry determines are an appropriate focus of tourism trade 
development efforts to be carried out in the twelve-month period 
described in paragraph (2). The selection shall be announced by 
publication in the Federal Register. 
"(4) At the same time the Secretary announces the selection 
of markets under paragraph (3), the Secretary shall issue a request 
for proposals from cooperative tourism marketing programs to 
develop and implement tourism trade development programs 
applicable to the markets so selected. The Secretary shall provide 
financial assistance in accordance with section 203 to carry out 
proposals submitted under this subparagraph. Such financial assist-
ance shall be provided on or before September 30 of the year 
in which the markets are selected under paragraph (3). 
"(5) During each twelve-month period described in paragraph 
(2), tourism trade development efforts shall be directed at the 
markets selected imder paragraph (3).". 
PUBLIC LAW 102-372—SEPT. 30, 1992 
106 STAT. 1177 
SEC. 8. TOURISM MARKETING PROGRAMS. 
(a) 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) The Secretary shall provide financial assistance 22 use 2i23a. 
to cooperative tourism marketing programs in accordance with this 
section. 
"(b)(1) To be eligible for financisd assistance under subsection 
(a), a cooperative tourism marketing program shall, at a minimum— 
(A) involve the participation of— 
"(i) two or more States; 
"(ii) one or more States and one or more poHtical 
subdivisions of States; or 
"(iii) one or more States and one or more nonprofit 
organizations; 
"(B) be estabUshed 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. 
"(2) Financial assistance may be provided under subsection 
(a) if the applicant for the assistance demonstrates to the satisfac-
tion of the Secretary that the assistance will be used for a purpose 
described in subsection (c) and that— 
"(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; 
"(B) such program will contribute to the economic well-
being of such region; 
"(C) such region is developing or has developed a regional 
transportation system that will enhance travel to the faciUties 
and attractions in such region; and 
"(D) such program will focus its efforts on the countries 
in the markets selected by the Secretary under section 202(e)(3). 
"(c) Financial assistance provided 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 financial assistance is sought; 
"(2) targeting foreign visitors to develop or enJiance their 
interest in tourism and recreational opportunities in such 
region; 
"(3) encouraging the development by such cooperative tour-
ism marketing program of regional strategies for international 
tourism promotion and marketing; or 
"(4) developing and implementing tourism trade develop-
ment programs applicable to markets selected imder section 
202(e)S). 
"(d) In connection with financial assistance provided \inder 
subsection (a), a cooperative tourism marketing program may enter 
into agreeihents with individuals and private profit and nonprofit 
businesses and organizations who will assist in canying out the 
purposes for which such financial assistance is provided. Such an 
agreement shall be disclosed in any appUcation for financial assist-
106 STAT. 1178 
PUBLIC LAW 102-372—SEPT. 30, 1992 
ance under subsection (a) and such an application may be approved 
by the Secretsuy only if the Secretary finds that such agreement 
meets all apphcable legal requirements and is consistent with the 
purposes of this Act. 
Regiilations. 
"(g) 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. 
"(f)(1) The tot£d 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. 
"(2) Not more than 50 percent of the financial assistance pro-
vided 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 toiuism trade 
development in each market selected by the Secretary under section 
202(e)(3). The Secretary shall provide technical assistance to recipi-
ents of such financial assistance and coordinate such efforts.". 
(b) FEDERAL SHARE OP 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 fol-
lowing new sentence: "Any recipient of financial assistance under 
section 203 shall provide matching ftuids (consisting of actual dollar 
expenditures on the program for which such financial assistance 
is provided) equal to at least 25 percent of such financial assist-
ance.". 
SEC. 9. TOURISM TRADE BARRIERS. 
Title II (22 U.S.C. 2122 et seq.), as amended by section 8 
of this Act, is further amended by adding at the end the following 
new section: 
22 use 2123b. 
"SEC. 204. For each calendar year beginning with calendar 
year 1994, the Secretary sh^l— 
"(1) identify and analyze acts, poHcies, or practices of each 
foreign country that constitute significant barriers to, or distor-
tions of. United States travel and tourism e3q)orts; 
"(2) make an estimate of the trade-distorting impact on 
United States commerce of any act, poHcy, 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 coimtry 
did not exist.". 
SEC. 10. ACTION TO FACILITATE ENTRY OF FOREIGN TOURISTS. 
Title II (22 U.S.C. 2122 et seq.), as amended by section 9, 
is further amended by adding at the end the following new section: 
22 use 2123c. 
"SEC. 205. 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 
PUBLIC LAW 102-372—SEPT. 30, 1992 
106 STAT. 1179 
States sind to ensure that the international processing standard 
of the International Civil Aviation Organization is met.". 
SEC. 11. PERFORMANCE OF THE UNITED STATES TRAVEL AND TOUR-
ISM ADMINISTRATION. 
Title II (22 U.S.C. 2122 et seq.), as amended by section 10 
of this Act, is further amended by adding at the end the following: 
"SEC. 206. (a) Beginning October 1, 1994, and annuaUy there- 22 use 2123d. 
after, 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 the goals 
of the United States Travel and Tourism Administration for the 
applicable forthcoming fiscal year, including quantifiable measures 
on which such Administration's performance can be evaluated. Such 
goals shall include— 
"(1) the number of written and telephone inquiries regard-
ing the possibility of foreign travel to the United States expected 
to be generated by the financial assistance provided to coopera-
tive tourism marketing programs under section 203; 
"(2) the number of tour packages for foreign visitors to 
the United States expected to be sold in connection with such 
financial assistance; 
"(3) the number of tourists from countries in markets 
selected under section 202(e)(3) expected to visit the United 
States destinations being promoted in such countries in connec-
tion with such financial assistance; and 
"(4) the actions recommended to eliminate acts, policies, 
and practices of foreign countries identified tmder section 204 
that constitute significant barriers to or distortions of United 
States travel and tourism exports. 
"(b) By December 31, 1995, and annually thereafter, the Sec- Reports, 
retary 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 outlining the 
degree to which the goals set forth for the prior fiscal year have 
been attained. Such report shall include— 
"(1) the number of written and telephone inquiries regard-
ing the possibility of foreign travel to the United States actually 
received by the Secretary and by persons receiving financial 
assistance under section 203; 
"(2) the number of tour packages for foreign visitors to 
the United States actually sold in connection with such financial 
assistance; 
"(3) the number of tourists from coimtries in markets 
selected under section 202(e)(3) that actually visited the United 
States destinations being promoted in such countries in connec-
tion with such financial assistance; 
"(4) an evaluation of the effectiveness of such financial 
assistance; and 
"(5) an evaluation of the effectiveness of any actions rec-
ommended under subsection (a)(4) which were taken to elimi-
nate acts, policies, and practices that constitute significant 
barriers to, or distortions of. United States travel and tourism 
exports. 
"(c) The Secretary shall collect fi*om persons receiving financial 
assisteince imder section 203 such information as may be necessary 
to enable the Secretary to comply with subsections (a) and (b). 
106 STAT. 1180 
PUBLIC LAW 102-372—SEPT. 30, 1992 
The Secretary may condition the receipt of such financial assistance 
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.". 
SEC. 12. ADMINISTRATION. 
Section 301(a) (22 U.S.C. 2124(a)) is amended— 
(1) by striking the third and fourth sentences; 
(2) by inserting "(1)" immediately after "(a)"; and 
(3) by adding at the end the following new paragraph: 
"(2) The Secretary shall designate a Deputy Under Sec-
retary for Tourism TVade Development who shall be drawn 
from, and serve as a member of, the career service. The Deputy 
Under Secretary shall have responsibility for— 
"(A) facihtating the interaction between industry and 
government concerning tourism trade development; 
''(B) directing and managing field operations; 
"(C) directing program evaluation research and indus-
try statistical research; 
"(D) developing an outreach program to those commu-
nities with underutilized tourism potential to assist them 
in development of strategies for expansion of tourism trade; 
"(E) implementing the program to provide financial 
assistance imder section 203 in support of non-Federal 
tourism trade development activities; and 
"(F) performing such other functions as the Under 
Secretary may assign.". 
SEC. 13. COORDINATION. 
Section 301 (22 U.S.C. 2124) is amended by adding at the 
end the following new subsection: 
"(c) The Under Secretary of Commerce for Travel and Tourism 
shall continue to seek the assistance of the United States and 
Foreign Commercial Service and shall continue to be available 
to assist the United States Travel and Tourism Administration 
at locations identified by the Under Secretary, 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 travel to the United States by 
foreign residents and in carrying out other powers and duties of 
the Secretary specified in section 202.". 
SEC. 14. LIMITATION ON CERTAIN EXPENDITURES. 
Section 301 (22 U.S.C. 2124), as amended by section 13, is 
fiirther amended by adding at the end the following new subsection: 
"(d) The expenditures for personnel compensation, rental pay-
ments, communications, utilities, miscellaneous charges, and equip-
ment shall not exceed— 
"(1) in fiscal year 1993, 55 percent of the amount appro-
priated to the Secretary under section 304; 
"(2) in fiscal year 1994, 52.5 j)ercent of the amoimt appro-
priated to the Secretary under section 304; and 
"(3) in fiscal year 1995 and in subsequent fiscal years, 
50 percent of the amount appropriated to the Secretary under 
section 304.". 
PUBLIC LAW 102-372—SEPT. 30, 1992 
106 STAT. 1181 
SEC. 15. TOURISM POLICY COUNCIL. 
(a) MEMBERSfflP.—Section 302(b)(1) (22 U.S.C. 2124a(bXl)) is 
amended— 
(1) by redesignating subparagraphs (H) and (I) as sub-
paragraphs (O) and (P); and 
(2) by inserting immediately after subparagraph (G) the 
following new sul^aragraphs: 
"(H) the Secretary of Agriculture; 
"(I) the Chairman of tiie 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 Adminis-
tration; 
"(L) the Commissioner of the Immigration and Natu-
r&lizd.'tion SGrvicG* 
"(M) the Chief Executive Officer of the National Rail-
road Passenger Corporation; 
"(N) the Commissioner of Customs;". 
(b) DETAILS.—Section 302(d) (22 U.S.C. 2124a(d)) is amended 
by adding at the end the following new paragraph: 
"(4)(A) Every year, upon designation by the Secretary in 
accordance with subparagraph (B), up to three Federal depart-
ments and agencies represented on the Coimcil shall each detail 
to the Council for that year one staff person £ind 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 shgJl not redesignate any 
agency or department until all the other agencies and depart-
ments represented on the Coimcil have been designated the 
same number of years.". 
SEC. 16. ADVISORY BOARD. 
(a) MEMBERSHIP.—Section 303(a)(3) (22 U.S.C. 2124b(a)(3)) is 
amended— 
(1) in subparagraph (A), by striking "and"; 
(2) in subparagraph (B), by striking "one shall be a rep-
resentative of the States who is" and inserting in Ueu thereof 
"two shall be representatives of the States who are" and by 
striking the period at the end and inserting in Ueu thereof 
"; and"; and 
(3) 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.". 
(b) 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". 
(c) 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)". 
SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 
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 $21,000,000 for fiscal 
year 1993, not to exceed $22,500,000 for fiscal year 1994, not 
106 STAT. 1182 
PUBLIC LAW 102-372—SEPT. 30, 1992 
to exceed $24,000,000 for fiscal year 1995, and not to exceed 
$26,000,000 for fiscal year 1996"; and 
(2) by striking the last two sentences and inserting in 
lieu thereof the following: "Funds appropriated under this sec-
tion may be expended by the Secretary without regard to sec-
tions 501 and 3702 of title 44, United States Code. Funds 
appropriated under this section for the printing of travel pro-
motional materials shall remain available for 2 fiscal years.". 
22 u s e 2122 
SEC. 18. REPORT ON TOURISM AND TRAVEL ACTIVITIES. 
The Secretary of Commerce shall, within 18 months after the 
date of the enactment of this Act, report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce of the House of Representatives 
on— 
(1) 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; 
(2) the Secretar3r's actions imder section 201(8) of the Inter-
national Travel Act of 1961 (as amended by section 6 of this 
Act), regarding the inboiuid and outbound tourism trade 
between the United States and emerging democracies of East-
em Europe and the former Soviet Union (including statistics, 
as available, on the number of inbound and outbound tourists, 
receipts fi*om 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); 
(3) the activities of the Department of Commerce and other 
Federal agencies to increase tourism opportunities for, and 
encourage travel by, disabled persons; and 
(4) efforts imdertaken under section 205 of the Inter-
national 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. 
22 u s e 2124 
SEC. 19. REPORT ON FOREIGN OFFICES. 
(a) 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 coun-
tries. 
(b) CONTENTS.—^The report required by subsection (a) shall 
include the following: 
(1) DESCRIPTION OF OFFICES.—^A description of each foreign 
office of the United States Travel and Tourism Administration, 
including the number of United States national employees, 
foreign national employees, and contract personnel who perform 
duties for the foreign office and a statement as to how many 
of each category of employees or personnel are part-time and 
full-time. 
(2) INFORMATION O
N L
O
C
A
L LAWS.—Information on the laws 
of the coimtry in which each foreign office is located. The 
information shall state the country's legal requirements con-
cerning the termination or reassignment of employees or con-
tract personnel, any actions altering the terms or conditions 
PUBLIC LAW 102-372—SEPT. 30, 1992 
106 STAT. 1183 
of employment that will result in a requirement to pay addi-
tional compensation to the affected employee, and the legally 
mandated duties to affected employees and contract personnel 
where an entire foreign office is closed after appropriate notice. 
(3) EXISTING LEASES.—Information on all existing leases 
of office space (or space sharing arrangements with the United 
States embassy) applicable to each foreign office, including 
an analysis of the Secretar/s ability to terminate such leases 
or other arrangements and the costs associated with such termi-
nation. 
(4) 
COST REDUCTIONS AND MARKETING 
EFFICIENCIES.— 
Analysis of and recommendations for possible cost reductions 
and marketing efficiencies with respect to the activities of for-
eign offices, including the advantages and disadvantages of 
consolidating foreign office functions by establishing three 
regional offices of the United States Travel and Tourism 
Administration based in and responsible for the following 
respective geographic areas: 
(A) Europe and Africa. 
(B) Asia and the Pacific region. 
(C) North America, South America, and the Caribbean 
region. 
(5) 
ORGANIZATIONAL 
FLEXIBILITY.—Analysis 
and 
rec-
ommendations concerning methods for increasing organiza-
tional flexibility (particularly with respect to the establishment, 
operations, closing, and relocation of foreign offices) in response 
to changing market conditions, fiscal constraints, and policy 
conditions. 
(c) DELAY IN CERTAIN ADMINISTRATIVE ACTIONS.—At offices 
of the United States Travel and Tourism Administration located 
in foreign countries— 
(1) no new foreign national employees nor contract person-
nel may be hired, except for employees or contract personnel 
that directly replace foreign national employees or contract 
personnel; and 
(2) no new leases of office space, nor renewals of existing 
leases for longer than two years, may be executed, 
until six months after the report required by subsection (a) is 
received. 
Approved September 30, 1992. 
LEGISLATIVE HISTORY—S. 680 (H.R. 3645): 
HOUSE REPORTS: No. 102-355 accompanying H.R. 3645 (Comm. on Energy and 
Commerce). 
SENATE REPORTS: No. 102-150 (Comm. on Commerce, Science and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Oct. 24, considered and passed Senate. 
Nov. 23, H.R. 3645 considered and passed House; S. 680, 
amended, passed in lieu. 
Vol. 138 (1992): Aug. 12, Senate concurred in House amendments with an 
amendment. 
Sept. 15, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Sept. 30, Presidential statement.