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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2579 Enrolled Bill (ENR)]

        H.R.2579

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

 
    To establish the National Tourism Board and the National Tourism 
 Organization to promote international travel and tourism to the United 
                                 States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States National Tourism 
Organization Act of 1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
        (1) The travel and tourism industry is the second largest 
    service and retail industry in the United States, and travel and 
    tourism services ranked as the largest United States export in 
    1995, generating an $18.6 billion surplus for the United States.
        (2) Domestic and international travel and tourism expenditures 
    totaled $433 billion in 1995, $415 billion spent directly within 
    the United States and an additional $18 billion spent by 
    international travelers on United States carriers traveling to the 
    United States.
        (3) Direct travel and tourism receipts make up 6 percent of the 
    United States gross domestic product.
        (4) In 1994, the travel and tourism industry was the nation's 
    second largest employer, directly responsible for 6.3 million jobs 
    and indirectly responsible for another 8 million jobs.
        (5) Employment in major sectors of the travel and tourism 
    industry is expected to increase 35 percent by the year 2005.
        (6) 99.7 percent of travel businesses are defined by the 
    Federal government as small businesses.
        (7) The White House Conference on Travel and Tourism in 1995 
    recommended the establishment of a new national tourism 
    organization to represent and promote international travel and 
    tourism to the United States.
        (8) Recent Federal tourism promotion efforts have failed to 
    stem the rapid erosion of our country's international tourism 
    market share.
        (9) In fact, the United States' share of worldwide travel 
    receipts dropped from a peak of 19.3 percent in 1992 down to 15.7 
    percent by the end of 1994.
        (10) The United States has now fallen to only the third leading 
    international destination.
        (11) Because the United States Travel and Tourism 
    Administration had insufficient resources and effectiveness to 
    reverse the recent decline in the United States' share of 
    international travel and tourism, Congress discontinued USTTA's 
    funding.
        (12) Promotion of the United States' international travel and 
    tourism interests can be more effectively managed by a private 
    organization at less cost to the taxpayers.
    (b) Purpose.--The purpose of this Act is to create a privately 
managed, federally sanctioned United States National Tourism 
Organization to represent and promote United States international 
travel and tourism.

SEC. 3. UNITED STATES NATIONAL TOURISM ORGANIZATION.

    (a) Establishment.--There is established the United States National 
Tourism Organization which shall be a private not-for-profit 
organization.
    (b) Organization Not a Federal Agency.--The Organization shall (1) 
not be considered a Federal agency, (2) have employees appointed 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and paid without 
regard to the provisions of chapter 51 and subchapter III of chapter 53 
of that title relating to classification and General Schedule pay 
rates, and (3) not be subject to the Federal Advisory Committee Act or 
any other Federal law governing the operation of Federal agencies.
    (c) IRS Status.--The Organization shall be presumed to have the 
status of an organization described in section 501(c)(6) of the 
Internal Revenue Code of 1986 until such time as the Secretary of the 
Treasury determines that the Organization does not meet the 
requirements of such section.
    (d) Purpose of the Organization.--The Organization shall--
        (1) seek and work for an increase in the share of the United 
    States in the global tourism market;
        (2) work in conjunction with Federal, State, and local agencies 
    to develop and implement a coordinated United States travel and 
    tourism policy;
        (3) advise the President, the Congress, and the domestic travel 
    and tourism industry on the implementation of the national travel 
    and tourism strategy and on other matters affecting travel and 
    tourism;
        (4) operate travel and tourism promotion programs outside the 
    United States in partnership with the travel and tourism industry 
    in the United States;
        (5) establish a travel and tourism data bank to gather and 
    disseminate travel and tourism market data;
        (6) conduct market research necessary for effective promotion 
    of the travel and tourism market; and
        (7) promote United States travel and tourism, including 
    international trade shows and conferences.
    (e) Powers of the Organization.--The Organization--
        (1) shall have perpetual succession;
        (2) shall represent the United States travel and tourism 
    industry in its relations with international tourism agencies;
        (3) may sue and be sued, make contracts, and acquire, hold, and 
    dispose of real and personal property, as may be necessary for its 
    corporate purposes;
        (4) may provide financial assistance to any organization or 
    association in furtherance of the purpose of the corporation;
        (5) may adopt and alter a corporate seal;
        (6) may establish and maintain offices for the conduct of the 
    affairs of the Organization; and
        (7) may conduct any and all acts necessary and proper to carry 
    out the purposes of this Act.
    (f) Funding.--
        (1) Furtherance of Act.--The Organization may accept gifts, 
    legacies, devises, contributions, and payments in furtherance of 
    the purposes of this Act.
        (2) Expenses.--The Organization may also accept such gifts, 
    legacies, devises, contributions, and payments on behalf of the 
    National Tourism Organization Board to cover the expenses of the 
    Board.
    (g) Political Activities Prohibited.--The Organization shall not 
engage in any activities designed in part or in whole to promote a 
political party or the candidacy of any person seeking or holding 
political office.

SEC. 4. UNITED STATES NATIONAL TOURISM ORGANIZATION BOARD.

    (a) Establishment.--There is established the United States National 
Tourism Organization Board for the purposes of governing and 
supervising the activities of the Organization.
    (b) Members.--The Board shall be self perpetuating and the initial 
members of the Board shall be appointed or elected as follows:
        (1) The Under Secretary of Commerce for International Trade of 
    the Department of Commerce, who will serve as a member ex officio;
        (2) 5 State Travel Directors elected by the National Council of 
    State Travel Directors;
        (3) 5 members elected by the International Association of 
    Convention and Visitors Bureaus;
        (4) 3 members elected by the Air Transport Association;
        (5) 1 member elected by the National Association of 
    Recreational Vehicle Parks and Campgrounds, 1 member elected by the 
    Recreation Vehicle Industry Association;
        (6) 2 members elected by the International Association of 
    Amusement Parks and Attractions;
        (7) 3 members of the travel payments industry appointed by the 
    Travel Industry Association of America;
        (8) 5 members elected by the American Hotel and Motel 
    Association;
        (9) 2 members elected by the American Car Rental Association; 1 
    member elected by the American Automobile Association, 1 member 
    elected by the American Bus Association, 1 member elected by 
    Amtrak;
        (10) 1 member elected by the American Society of Travel Agents, 
    and 1 member elected by the Association of Retail Travel Agents;
        (11) 1 member elected by the National Tour Association, 1 
    member elected by the United States Tour Operators Association;
        (12) 1 member elected by the Cruise Lines International 
    Association, 1 member elected by the National Restaurant 
    Association, 1 member elected by the National Park Hospitality 
    Association, 1 member elected by the Airports Council 
    International, 1 member elected by the Meeting Professionals 
    International, 1 member elected by the American Sightseeing 
    International, 4 members elected by the Travel Industry Association 
    of America;
        (13) 1 member elected by the Rural Tourism Foundation;
        (14) 1 member elected by the American Association of Museums; 
    and
        (15) 1 member elected by the National Trust for Historic 
    Preservation.
    (c) Chair.--The Board shall elect a Chair for an initial term of 2 
years. After such initial term, the Chair shall be elected for such 
term as the Board may designate.
    (d) President.--The Board shall appoint and establish the 
compensation and duties of a President of the Organization who shall 
assist the Chair in organizing and carrying out the necessary functions 
of the Board. The duties of the President shall include serving as a 
non-voting member of the Tourism Policy Council established under 
section 301 of the International Travel Act of 1961.
    (e) Powers and Duties of the Board.--
        (1) The Board shall adopt for itself and the Organization such 
    bylaws and delegation of authority as it deems necessary and 
    proper, which shall--
            (A) require at least a three-fifths majority vote for 
        amendment;
            (B) set forth the process for the number, terms, and 
        appointment or election of future Board members;
            (C) provide the authority for the hiring and compensation 
        of staff; and
            (D) establish the procedures for calling meetings and 
        providing appropriate notice, including procedures for closing 
        meetings where confidential information or strategy will be 
        discussed.
        (2) The Board shall designate a place of business for the 
    receipt of process for the Organization, subject to the laws of the 
    State or district so designated, where such laws do not conflict 
    with the provisions of this Act.
        (3) The Board shall present testimony and make available 
    reports on its findings and recommendations to the Congress and to 
    legislatures of the States on at least a biannual basis.
        (4) Within one year of the date of its first meeting, the Board 
    shall report to the Senate Committee on Commerce, Science, and 
    Transportation and the House Committee on Commerce on a plan for 
    long-term financing for the Organization, with a focus on 
    contributions from the private sector and State and local entities, 
    and, if necessary, make recommendations to the Congress and the 
    President for further legislation.
    (f) Compensation and Expenses.--The Chair and members of the Board 
shall serve without compensation but may be compensated for expenses 
incurred in carrying out the duties of the Board.
    (g) Immunity.--Members of the Board shall not be personally liable 
for any action taken by the Board.
    (h) Meetings.--The Board shall meet at the call of the Chair, but 
not less frequently than semiannually. The Board shall meet within 2 
months of appointment of all members, but in any case no later than 6 
months after the date of the enactment of this Act.

SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND NAMES.

    (a) In General.--The Organization shall provide for the design of 
such symbols, emblems, trademarks, and names as may be appropriate and 
shall take all action necessary to protect and regulate the use of such 
symbols, emblems, trademarks, and names under law.
    (b) Exclusive Right of the Organization.--The Organization shall 
have exclusive right to use the name ``United States National Tourism 
Organization'' and the acronym ``USNTO'', the symbol described in 
subsection (c)(1)(A), the emblem described in subsection (c)(1)(B), and 
the words ``United States National Tourism Organization'', or any 
combination thereof, subject to the use reserved by subsection (c)(2).
    (c) Unauthorized Use; Civil Action.--
        (1) In general.--Any person who, without the consent of the 
    Organization, uses--
            (A) the symbol of the Organization;
            (B) the emblem of the Organization;
            (C) any trademark, trade name, sign, symbol, or insignia 
        falsely representing association with, or authorization by, the 
        Organization; or
            (D) the words ``United States National Tourism 
        Organization'' or the acronym ``USNTO'' or any combination or 
        simulation thereof tending to cause confusion, to cause 
        mistake, to deceive, or to falsely suggest a connection with 
        the Organization or any Organization activity;
    for the purpose of trade, to induce the sale of any goods or 
    services, or to promote any exhibition, shall be subject to suit in 
    a civil action brought in the appropriate court by the Organization 
    for the remedies provided in the Act of July 5, 1946 (60 Stat. 427; 
    15 U.S.C. 1501 et seq.) (popularly known as the Trademark Act of 
    1946).
        (2) Exception.--Paragraph (1)(D) shall not be construed to 
    prohibit any person who, before the date of the enactment of this 
    Act, actually used the words ``United States National Tourism 
    Organization'' or the acronym ``USNTO'' for any lawful purpose from 
    continuing such lawful use for the same purpose and for the same 
    goods and services.
    (d) Contributors and Suppliers.--The Organization may authorize 
contributors and suppliers of goods and services to use the trade name 
of the Organization as well as any trademark, symbol, insignia, or 
emblem of the Organization in advertising that the contributions, 
goods, or services were donated, supplied, or furnished to or for the 
use of, approved, selected, or used by the Organization.
    (d) Limitation.--The Organization may not adopt or use any existing 
symbol, emblem, trademark, or name that is protected under law 
(including any treaty to which the United States is a party).

SEC. 6. UNITED STATES GOVERNMENT COOPERATION.

    (a) In General.--The Secretary of Commerce, Secretary of State, the 
United States Trade Representative, Director of the United States 
Information Agency, and the Trade and Development Agency shall--
        (1) give priority consideration to recommendations of the 
    Organization; and
        (2) cooperate with the Organization in carrying out its duties.
    (b) Report.--The Under Secretary for International Trade, the 
Assistant Secretary for Trade Development, the Assistant Secretary and 
Director General for the United States and Foreign Commercial Service, 
the Director of the United States Information Agency, the United States 
Trade Representative, and the Trade and Development Agency shall report 
within 2 years of the date of the enactment of this Act, and every 2 
years thereafter to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Commerce on any travel and 
tourism activities carried out with the participation of the United 
States Federal Government.

SEC. 7. SUNSET.

    (a) Two Year Deadline for Development of Comprehensive Long-Term 
Financing Plan.--If within 2 years after the date of the enactment of 
this Act, the Board has not developed and implemented a comprehensive 
plan for the long-term financing of the Organization, then sections 3 
through 6 of this Act are repealed.
    (b) Suspension or Termination of Operations for Insufficient 
Funds.--The Board may suspend or terminate the Organization if 
sufficient private sector and State or local government funds are not 
identified or made available to continue the Organization's operations.

SEC. 8. TRADE PROMOTION COORDINATING COMMITTEE.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) 
is amended in subsection (c) as follows:
        (1) By striking ``and'' at the end of paragraph (4).
        (2) By striking the period at the end of paragraph (5) and 
    inserting ``; and''.
        (3) By adding after paragraph (5) the following:
        ``(6) reflect the recommendations of the United States National 
    Tourism Organization to the degree considered appropriate by the 
    TPCC.''.

SEC. 9. REPEAL OF UNITED STATES TRAVEL AND TOURISM ADMINISTRATION AND 
              RELATED PROVISIONS.

    (a) In General.--Sections 202, 203, 204, 205, 206, 301, 303, 304, 
305, 306, and 307 of the International Travel Act of 1961 (22 U.S.C 
2123, 2123a-2123d, 2124, 2124b, and 2126-2129) are repealed.
    (b) Tourism Policy and Export Promotion Act of 1992.--Section 4 of 
the Tourism Policy and Export Promotion Act of 1992 is amended in 
subsection (c)(1)(B)(i) and subsection (c)(2) by striking ``Under 
Secretary of Commerce for Travel and Tourism'' and inserting 
``Secretary of Commerce''.

SEC. 10. POWERS AND DUTIES OF SECRETARY OF COMMERCE.

    Section 201 of the International Travel Act of 1961 (22 U.S.C. 
2122) is amended to read as follows:
    ``Sec. 201. In order to carry out the national tourism policy 
established in section 101(b) and by the United States National Tourism 
Organization Act of 1996, the Secretary of Commerce (hereafter in this 
Act 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.''.

SEC. 11. TOURISM POLICY COUNCIL.

    Section 302 of the International Travel Act of 1961 (22 U.S.C. 
2124a) is repealed and the following is inserted:
    ``Sec. 301. (a) 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 Act referred to as the `Council').
    ``(b) 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) Members of the Council shall serve without additional 
compensation.
    ``(d) The Council shall conduct its first meeting not later than 6 
months after the date of the enactment of the United States National 
Tourism Organization Act of 1996. Thereafter the Council shall meet not 
less than 2 times each year.
    ``(e)(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) 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) 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) 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.''.

SEC. 12. DEFINITIONS.

    For purposes of this Act--
        (1) the term ``Organization'' means the United States National 
    Tourism Organization established under section 3; and
        (2) the term ``Board'' means the United States National Tourism 
    Organization Board established under section 4.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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