---
kind: "section"
citation: "22 U.S.C. § 2124c"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "2124c"
heading: "Rural Tourism Development Foundation"
release: "119-102"
url: "https://uscodex.org/usc/22/2124c"
units:
  - "Chapter 31 — International Travel"
  - "Subchapter III — Administration"
---

# §2124c. Rural Tourism Development Foundation

- (a) **Establishment of Foundation—** In order to assist in the development and promotion of [rural tourism](#m-4), there is established a charitable and nonprofit [corporation](/usc/22/7702.md?p=6) to be known as the [Rural Tourism](#m-4) Development [Foundation](/usc/22/10601.md?p=6) (hereafter in this section referred to as the “[Foundation](/usc/22/10601.md?p=6)”).
- (b) **Functions—** The functions of the [Foundation](/usc/22/10601.md?p=6) shall be the planning, development, and implementation of projects and [programs](/usc/22/3383.md?p=6) which have the potential to increase travel and tourism export revenues by attracting [foreign](/usc/22/3146.md?p=1) visitors to rural America. Initially, such projects and [programs](/usc/22/3383.md?p=6) 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](/usc/22/1395.md?p=a-1), including Federal parks and recreational lands, which can be used by [foreign](/usc/22/3146.md?p=1) visitors;
  - (2) development of educational resources to assist in private and public [rural tourism](#m-4) development; and
  - (3) participation in Federal agency outreach efforts to make such resources available to private enterprises, State and [local governments](#m-3), and other persons and entities interested in [rural tourism](#m-4) development.
- (c) **Board of Directors—**
  - (1) **Composition—**
    - (A) The [Foundation](/usc/22/10601.md?p=6) shall have a [Board](/usc/22/2431a.md?p=4) of Directors (hereafter in this section referred to as the “[Board](/usc/22/2431a.md?p=4)”) 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](/usc/22/10601.md?p=6).
    - (B)
      - (i) The [Secretary](/usc/22/277d–43.md?p=5) of Commerce shall, within six months after September 30, 1992, appoint the initial nine voting members of the [Board](/usc/22/2431a.md?p=4) and thereafter shall appoint the successors of each of three such members, as provided by such bylaws.
      - (ii) The voting members of the [Board](/usc/22/2431a.md?p=4), other than those referred to in [clause (i)](#c-1-B-i), shall be appointed in accordance with procedures established by such bylaws.
    - (C) The voting members of the [Board](/usc/22/2431a.md?p=4) shall be individuals who are not Federal officers or [employees](/usc/22/4341.md?p=1) and who have demonstrated an interest in [rural tourism](#m-4) 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](#m-2) who has experience and expertise in [rural tourism](#m-4) on an [Indian reservation](#m-1), at least one shall represent a regional or national organization or association with a major interest in [rural tourism](#m-4) 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](/usc/22/2431a.md?p=4) 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](/usc/22/277d–43.md?p=5) 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](/usc/22/2431a.md?p=4) determines appropriate) shall be nonvoting ex-officio members of the [Board](/usc/22/2431a.md?p=4).
  - (3) **Chair—** The [Chairman](/usc/22/262r.md?p=c-1) and Vice [Chairman](/usc/22/262r.md?p=c-1) of the [Board](/usc/22/2431a.md?p=4) shall be elected by the voting members of the [Board](/usc/22/2431a.md?p=4) for terms of two years.
  - (4) **Meetings—** The [Board](/usc/22/2431a.md?p=4) shall meet at the call of the [Chairman](/usc/22/262r.md?p=c-1) and there shall be at least two meetings each year. A majority of the voting members of the [Board](/usc/22/2431a.md?p=4) serving at any one time shall constitute a quorum for the transaction of business. The [Foundation](/usc/22/10601.md?p=6) shall have an official seal, which shall be judicially noticed. Voting membership on the [Board](/usc/22/2431a.md?p=4) shall not be deemed to be an [office](/usc/22/2214a.md?p=9) within the meaning of the laws of the [United States](/usc/22/1395.md?p=a-1).
- (d) **Compensation and expenses—** No compensation shall be paid to the members of the [Board](/usc/22/2431a.md?p=4) 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](/usc/22/10601.md?p=6) [funds](/usc/22/2431a.md?p=9) available to the [Board](/usc/22/2431a.md?p=4) for such purposes.
- (e) **Acceptance of gifts, devises, and bequests—**
  - (1) **In general—** The [Foundation](/usc/22/10601.md?p=6) 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](/usc/22/4341.md?p=6) or any income therefrom or other interest therein for the benefit of or in connection with [rural tourism](#m-4), except that the [Foundation](/usc/22/10601.md?p=6) may not accept any such gift, devise, or bequest which entails any expenditure other than from the resources of the [Foundation](/usc/22/10601.md?p=6). A gift, devise, or bequest may be accepted by the [Foundation](/usc/22/10601.md?p=6) 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](#m-4).
  - (2) **Indians—** A gift, devise, or bequest accepted by the [Foundation](/usc/22/10601.md?p=6) for the benefit of or in connection with [rural tourism](#m-4) on [Indian reservations](#m-1), pursuant to [section 5341 of title 25](/usc/25/5341.md), shall be maintained in a separate accounting for the benefit of [Indian tribes](#m-2) in the development of tourism on [Indian reservations](#m-1).
- (f) **Investments—** Except as otherwise required by the instrument of transfer, the [Foundation](/usc/22/10601.md?p=6) may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income thereof as the [Board](/usc/22/2431a.md?p=4) may from time to time determine. The [Foundation](/usc/22/10601.md?p=6) shall not engage in any business, nor shall the [Foundation](/usc/22/10601.md?p=6) make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the [Foundation](/usc/22/10601.md?p=6) may make any investment authorized by the instrument of transfer and may retain any property accepted by the [Foundation](/usc/22/10601.md?p=6).
- (g) **Perpetual succession; liability of Board members—** The [Foundation](/usc/22/10601.md?p=6) shall have perpetual succession, with all the usual powers and obligations of a [corporation](/usc/22/7702.md?p=6) acting as a trustee, including the power to sue and to be sued in its own name, but the members of the [Board](/usc/22/2431a.md?p=4) shall not be personally liable, except for malfeasance.
- (h) **Contractual power—** The [Foundation](/usc/22/10601.md?p=6) 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](/usc/22/2431a.md?p=4) may adopt bylaws, rules, and regulations necessary for the administration of its functions and may hire officers and [employees](/usc/22/4341.md?p=1) and contract for any other necessary services. Such officers and [employees](/usc/22/4341.md?p=1) shall be appointed without regard to the provisions of [title 5](/usc/5.md) governing appointments in the competitive service and may be paid without regard to the provisions of chapters [51](/usc/22/ch51.md) and [53](/usc/22/ch53.md) of such title relating to classification and General Schedule pay rates.
  - (2) **Services—** The [Secretary](/usc/22/277d–43.md?p=5) of Commerce may accept the voluntary and uncompensated services of the [Foundation](/usc/22/10601.md?p=6), the [Board](/usc/22/2431a.md?p=4), and the officers and [employees](/usc/22/4341.md?p=1) of the [Foundation](/usc/22/10601.md?p=6) in the performance of the functions authorized under this section, without regard to [section 1342 of title 31](/usc/31/1342.md) or the civil service classification laws, rules, or regulations.
  - (3) **Construction—** Neither an officer or [employee](/usc/22/4341.md?p=1) hired under [paragraph (1)](#i-1) nor an individual who provides services under [paragraph (2)](#i-2) shall be considered a Federal [employee](/usc/22/4341.md?p=1) for any purpose other than for purposes of [chapter 81](/usc/5/chptIII-sptG-ch81.md) of title 5, relating to compensation for work injuries, and [chapter 171](/usc/28/chptVI-ch171.md) of title 28, relating to tort claims.
- (j) **Exemption from taxes; contributions—** The [Foundation](/usc/22/10601.md?p=6) 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](/usc/22/10601.md?p=6) may, however, in the discretion of the [Board](/usc/22/2431a.md?p=4), contribute toward the costs of [local government](#m-3) 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](/usc/22/7702.md?p=6) and may agree so to contribute with respect to property transferred to it and the income derived therefrom if such [agreement](/usc/22/2431a.md?p=7) is a condition of the transfer. Contributions, gifts, and other transfers made to or for the use of the [Foundation](/usc/22/10601.md?p=6) shall be regarded as contributions, gifts, or transfers to or for the use of the [United States](/usc/22/1395.md?p=a-1).
- (k) **Liability of United States—** The [United States](/usc/22/1395.md?p=a-1) shall not be liable for any debts, defaults, acts, or omissions of the [Foundation](/usc/22/10601.md?p=6).
- (l) **Annual report—** The [Foundation](/usc/22/10601.md?p=6) 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](/usc/22/6402.md?p=2) 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](/usc/25/1452.md?p=d);
  - (2) the term “Indian tribe” has the meaning given that term in [section 5304(e) of title 25](/usc/25/5304.md?p=e);
  - (3) the term “local government” has the meaning given that term in [section 3371(2) of title 5](/usc/5/3371.md?p=2); and
  - (4) the term “rural tourism” has the meaning given that term by the [Secretary](/usc/22/277d–43.md?p=5) of Commerce and shall include activities related to travel and tourism that occur on Federal recreational sites, on [Indian reservations](#m-1), and in the territories, possessions, and commonwealths of the [United States](/usc/22/1395.md?p=a-1).

## Source credit

(Pub. L. 102–372, § 4, Sept. 30, 1992, 106 Stat. 1171; Pub. L. 104–288, § 9(b), Oct. 11, 1996, 110 Stat. 3407.)

## Notes

### Editorial Notes

### 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”.

### Statutory Notes and Related Subsidiaries

### 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.