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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1735 Referred in House (RFH)]

104th CONGRESS
  2d Session
                                S. 1735

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 4, 1996

Referred to the Committee on Commerce, and in addition to the Committee 
on International Relations, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 AN ACT

 
       To establish the United States Tourism Organization as a 
  nongovernmental entity for the purpose of promoting tourism in 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 Tourism Organization 
Act''.

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, and travel and 
        tourism services ranked as the largest United States export in 
        1995, generating an $18.6 billion trade 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 flag 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 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; and
            (7) the White House Conference on Travel and Tourism in 
        1995 brought together 1,700 travel and tourism industry 
        executives from across the nation and called for the 
        establishment, by federal charter, of a new national tourism 
        organization to promote international tourism to all parts of 
        the United States.

SEC. 3. UNITED STATES TOURISM ORGANIZATION.

    (a) Establishment.--There is established with a Federal charter, 
the United States Tourism Organization (hereafter in this Act referred 
to as the ``Organization''). The Organization shall be a not for profit 
organization. The Organization shall maintain its principal offices and 
national headquarters in the greater metropolitan area of Washington, 
D.C., and may hold its annual and special meetings in such places as 
the Organization shall determine.
    (b) Organization not a Federal Agency.--Notwithstanding any other 
provision of the law, the Organization shall not be considered a 
Federal agency for the purposes of civil service laws or any other 
provision of Federal law governing the operation of Federal agencies, 
including personnel or budgetary matters relating to Federal agencies. 
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the Organization or any entities within the Organization.
    (c) Duties.--The Organization shall--
            (1) facilitate the development and use of public-private 
        partnerships for travel and tourism policymaking;
            (2) seek to, and work for, an increase in the share of the 
        United States in the global tourism market;
            (3) implement the national travel and tourism strategy 
        developed by the National Tourism Board under section 4;
            (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-tourism data bank and, through that 
        data bank collect and disseminate international market data:
            (6) conduct market research necessary for the effective 
        promotion of the travel and tourism market; and
            (7) promote United States travel and tourism.
    (d) Powers.--The Organization--
            (1) shall have perpetual succession;
            (2) shall represent the United States in its relations with 
        international tourism agencies;
            (3) may sue and be sued;
            (4) may make contracts;
            (5) may acquire, hold, and dispose of real and personal 
        property as may be necessary for its corporate purposes;
            (6) may accept gifts, legacies, and devices in furtherance 
        of its corporate purposes;
            (7) may provide financial assistance to any organization or 
        association, other than a corporation organized for profit, in 
        furtherance of the purpose of the corporation;
            (8) may adopt and alter a corporate seal;
            (9) may establish and maintain offices for the conduct of 
        the affairs of the Organization;
            (10) may publish a newspaper, magazine, or other 
        publication consistent with its corporate purposes;
            (11) may do any and all acts and things necessary and 
        proper to carry out the purposes of the Organization; and
            (12) may adopt and amend a constitution and bylaws not 
        inconsistent with the laws of the United States or of any 
        State, except that the Organization may amend its constitution 
        only if it--
                    (A) publishes in its principal publication a 
                general notice of the proposed alteration of the 
                constitution, including the substantive terms of the 
                alteration, the time and place of the Organization's 
                regular meeting at which the alteration is to be 
                decided, and a provision informing interested persons 
                that they may submit materials as authorized in 
                subparagraph (B); and
                    (B) gives to all interested persons, prior to the 
                adoption of any amendment, an opportunity to submit 
                written data, views, or arguments concerning the 
                proposed amendment for a period of at least 60 days 
                after the date of publication of the notice.
    (e) Nonpolitical Nature of the Organization.--The Organization 
shall be nonpolitical and shall not promote the candidacy of any person 
seeking public office.
    (f) Prohibition Against Issuance of Stock or Business Activities.--
The Organization shall have no power to issue capital stock or to 
engage in business for pecuniary profit or gain.

SEC. 4. NATIONAL TOURISM BOARD.

    (a) Establishment.--The Organization shall be governed by a Board 
of Directors known as the National Tourism Board (hereinafter in this 
Act referred to as the ``Board'').
    (b) Membership.--
            (1) Composition.--The Board shall be composed of 48 
        members, and shall be self-perpetuating. Initial members shall 
        be appointed as provided in paragraph (2). The Board shall 
        elect a chair from among its members.
            (2) Founding members.--The founding members of the Board 
        shall be appointed, or elected, as follows:
                    (A) The Under Secretary of Commerce for 
                International Trade Administration shall serve as a 
                member ex officio.
                    (B) 5 State Travel Directors elected by the 
                National Council of State Travel Directors.
                    (C) 5 members elected by the International 
                Association of Convention and Visitor Bureaus.
                    (D) 3 members elected by the Air Transport 
                Association.
                    (E) 1 member elected by the National Association of 
                Recreational Vehicle Parks and Campgrounds; 1 member 
                elected by the Recreation Vehicle Industry Association.
                    (F) 2 members elected by the International 
                Association of Amusement Parks and Attractions.
                    (G) 3 members appointed by major companies in the 
                travel payments industry.
                    (H) 5 members elected by the American Hotel and 
                Motel Association.
                    (I) 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.
                    (J) 1 member elected by the National Tour 
                Association; 1 member elected by the United States Tour 
                Operators Association.
                    (K) 1 member elected by the Cruise Lines 
                International Association; 1 member elected by the 
                National Restaurant Association; one member elected by 
                the National Park Hospitality Association; 1 member 
                elected by the Airports Council International; 1 member 
                elected by the Meeting Planners International; 1 member 
                elected by the American Sightseeing International; 4 
                members elected by the Travel Industry Association of 
                America; 1 member elected by the Association of Retail 
                Travel Agents; 1 member elected by the American Society 
                of Travel Agents; and 1 member elected by the Rural 
                Tourism Development Foundation.
                    (L) 1 member elected by the National Trust for 
                Historic Preservation.
                    (M) 1 member elected by the American Association of 
                Museums.
            (3) Terms.--Terms of Board members and of the Chair shall 
        be determined by the Board and made part of the Organization 
        bylaws.
    (c) Duties of the Board.--The Board shall--
            (1) develop a national travel and tourism strategy for 
        increasing tourism to and within the United States; and
            (2) advise the President, the Congress, and members of the 
        travel and tourism industry concerning the implementation of 
        the national strategy referred to in paragraph (1) and other 
        matters that affect travel and tourism.
    (d) Authority.--The Board is hereby authorized to meet to complete 
the organization of the Organization by the adoption of a constitution 
and bylaws, and by doing all things necessary to carry into effect the 
provisions of this Act.
    (e) Initial Meetings.--Not later than 30 days after the date on 
which all members of the Board have been appointed, the Board shall 
have its first meeting.
    (f) Meetings.--The Board shall meet at the call of the Chair, but 
not less frequently than semiannually.
    (g) Compensation and Expenses.--The chairman and members of the 
Board shall serve without compensation but may be compensated for 
expenses incurred in carrying out the duties of the Board.
    (h) Testimony, Reports, and Support.--The Board may present 
testimony to the President, to the Congress, and to the legislatures of 
the States and issue reports on its findings and recommendations.
    (i) Immunity.--Members of the Board shall not be personally liable 
for any action taken by the Board.

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) Unauthorized Use; Civil Action.--Any person who, without the 
consent of the Organization, uses--
            (1) the symbol of the Organization;
            (2) the emblem of the Organization;
            (3) any trademark, trade name, sign, symbol, or insignia 
        falsely representing association with, or authorization by, the 
        Organization; or
            (4) the words ``United States Tourism Organization'', 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. Paragraph (4) of 
this subsection shall not be construed to prohibit any person who, 
before the date of enactment of this Act, actually used the words 
``United States Tourism Organization'' for any lawful purpose from 
continuing such lawful use for the same purpose and for the same goods 
and services.
    (c) 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) Exclusive Right of the Organization.--The Organization shall 
have exclusive right to use the name ``United States Tourism 
Organization'', the symbol described in subsection (b)(1), the emblem 
described in subsection (b)(2), and the words ``United States Tourism 
Organization'', or any combination thereof, subject to the use reserved 
by the second sentence of subsection (b).

SEC. 6. UNITED STATES GOVERNMENT COOPERATION.

    (a) Secretary of State.--The Secretary of State shall--
            (1) place a high priority on implementing recommendations 
        by the Organization; and
            (2) cooperate with the Organization in carrying out its 
        duties.
    (b) Director of the United States Information Agency.--The Director 
of the United States Information Agency shall--
            (1) place a high priority on implementing recommendations 
        by the Organization; and
            (2) cooperate with the Organization in carrying out its 
        duties.
    (c) Trade Promotion Coordinating Committee.-- Section 2312 of the 
Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
            (1) by striking out ``and'' at the end of subsection 
        (c)(4);
            (2) by striking the period at the end of subsection (c)(5) 
        and inserting a semicolon and the word ``and'';
            (3) by adding at the end thereof the following:
            ``(6) reflect recommendations by the National Tourism Board 
        established under the United States Tourism Organization Act.'' 
        and
            (2) in paragraph (d)(1) by striking ``and'' in subparagraph 
        (L), by redesignating subparagraph (M) as subparagraph (N), and 
        by inserting the following:
            ``(M) the Chairman of the Board of the United States 
        Tourism Organization, as established under the United States 
        Tourism Organization Act; and''.

SEC. 7. SUNSET.

    If, by the date that is 2 years after the date of incorporation of 
the Organization, a plan for the long-term financing of the 
Organization has not been implemented, the Organization and the Board 
shall terminate.

            Passed the Senate August 2, 1996.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.
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