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(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 inter-
national 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 agen-
cies 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 pro-
motion 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;
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(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 further-
ance 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 Rec-
reational 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 Associa-
tion; 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 Associa-
tion;
(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
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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 compensa-
tion of staff; and
(D) establish the procedures for calling meetings and
providing appropriate notice, including procedures for clos-
ing 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 Com-
merce 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 com-
pensated 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
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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 appro-
priate 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 Organiza-
tion’’, 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 insig-
nia 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—
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(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 Devel-
opment 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 INSUFFI-
CIENT FUNDS.—The Board may suspend or terminate the Organiza-
tion 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 appro-
priate by the TPCC.’’.
SEC. 9. REPEAL OF UNITED STATES TRAVEL AND TOURISM ADMINIS-
TRATION 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 insert-
ing ‘‘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
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(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 Organiza-
tion 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 inter-
national 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 Naturaliza-
tion 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.
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‘‘(e)(1) The Council shall coordinate national policies and pro-
grams relating to international travel and tourism, recreation, and
national heritage resources, which involve Federal agencies;
‘‘(2) The Council may request directly from any Federal depart-
ment 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 Com-
merce, 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.’’.
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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.