§ 2124c. — Rural Tourism Development Foundation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2124c]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 31--INTERNATIONAL TRAVEL
SUBCHAPTER III--ADMINISTRATION
Sec. 2124c. Rural Tourism Development Foundation
(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.
(l) 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.
(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.)
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.
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.
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 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.
