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 sec-
ond 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 tour-
ism expenditures totaled $433 billion in 1995, $415
billion spent directly within the United States and
an additional $18 billion spent by international trav-
elers on United States carriers traveling to the Unit-
ed States.
(3) Direct travel and tourism receipts make up
6 percent of the United States gross domestic prod-
uct.
(4) In 1994, the travel and tourism industry
was the nation’s second largest employer, directly re-
sponsible for 6.3 million jobs and indirectly respon-
sible for another 8 million jobs.
(5) Employment in major sectors of the travel
and tourism industry is expected to increase 35 per-
cent 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 coun-
try’s international tourism market share.
(9) In fact, the United States’ share of world-
wide 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’ inter-
national travel and tourism interests can be more ef-
fectively 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 ORGANIZA-
TION.
(a) ESTABLISHMENT.—There is established the Unit-
ed 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 provi-
sions of title 5, United States Code, governing appoint-
ments in the competitive service, and paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 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 govern-
ing the operation of Federal agencies.
(c) IRS STATUS.—The Organization shall be pre-
sumed 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 deter-
mines that the Organization does not meet the require-
ments of such section.
(d) PURPOSE OF THE ORGANIZATION.—The Organi-
zation 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 co-
ordinated United States travel and tourism policy;
(3) advise the President, the Congress, and the
domestic travel and tourism industry on the imple-
mentation of the national travel and tourism strat-
egy and on other matters affecting travel and tour-
ism;
(4) operate travel and tourism promotion pro-
grams 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 ef-
fective 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 Organiza-
tion—
(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 prop-
erty, as may be necessary for its corporate purposes;
(4) may provide financial assistance to any or-
ganization or association in furtherance of the pur-
pose 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 Or-
ganization Board to cover the expenses of the
Board.
(g) POLITICAL ACTIVITIES PROHIBITED.—The Orga-
nization 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 ORGANIZA-
TION BOARD.
(a) ESTABLISHMENT.—There is established the Unit-
ed 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 Com-
merce, who will serve as a member ex officio;
(2) 5 State Travel Directors elected by the Na-
tional Council of State Travel Directors;
(3) 5 members elected by the International As-
sociation of Convention and Visitors Bureaus;
(4) 3 members elected by the Air Transport As-
sociation;
(5) 1 member elected by the National Associa-
tion of Recreational Vehicle Parks and Camp-
grounds, 1 member elected by the Recreation Vehicle
Industry Association;
(6) 2 members elected by the International As-
sociation 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 Amer-
ican 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 Asso-
ciation 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 Inter-
national, 1 member elected by the Meeting Profes-
sionals International, 1 member elected by the
American Sightseeing International, 4 members
elected by the Travel Industry Association of Amer-
ica;
(13) 1 member elected by the Rural Tourism
Foundation;
(14) 1 member elected by the American Asso-
ciation of Museums; and
(15) 1 member elected by the National Trust
for Historic Preservation.
(c) CHAIR.—The Board shall elect a Chair for an ini-
tial 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 es-
tablish 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-vot-
ing 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 Or-
ganization 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, in-
cluding procedures for closing meetings where
confidential information or strategy will be dis-
cussed.
(2) The Board shall designate a place of busi-
ness for the receipt of process for the Organization,
subject to the laws of the State or district so des-
ignated, 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 rec-
ommendations 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 Com-
mittee 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 rec-
ommendations 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 nec-
essary 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 Organi-
zation’’, or any combination thereof, subject to the use re-
served 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, sym-
bol, 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 con-
nection with the Organization or any Organiza-
tion 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 ap-
propriate 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 Organiza-
tion’’ or the acronym ‘‘USNTO’’ for any lawful pur-
pose from continuing such lawful use for the same
purpose and for the same goods and services.
(d) CONTRIBUTORS AND SUPPLIERS.—The Organiza-
tion 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 Orga-
nization.
(d) LIMITATION.—The Organization may not adopt
or use any existing symbol, emblem, trademark, or name
SEC. 9. REPEAL OF UNITED STATES TRAVEL AND TOURISM
ADMINISTRATION 
AND 
RELATED 
PROVI-
SIONS.
(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 Sec-
retary of Commerce for Travel and Tourism’’ and insert-
ing ‘‘Secretary of Commerce’’.
SEC. 10. POWERS AND DUTIES OF SECRETARY OF COM-
MERCE.
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 com-
prehensive plan to perform critical tourism functions
which, in the determination of the Secretary, are not being
carried out by the United States National Tourism Orga-
nization or other private sector entities or State govern-
ments. Such plan may include programs to—
‘‘(1) collect and publish comprehensive inter-
national travel and tourism statistics and other mar-
keting information;
‘‘(2) design, implement, and publish inter-
national 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 implementa-
tion of a national travel and tourism policy;
‘‘(B) representing the United States’ inter-
national travel and tourism interests to foreign
governments; and
‘‘(C) maintaining United States participa-
tion in international travel and tourism trade
shows and fairs until such activities can be
transferred to such Organization and other pri-
vate 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 in-
serted:
‘‘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 coordinat-
ing 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 indi-
viduals:
‘‘(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 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 Na-
tional 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 addi-
tional 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 Fed-
eral 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 towards resolving interagency
conflicts and development of cooperative program ac-
tivity;
‘‘(3) an analysis of problems referred to the
Council by State and local governments, the tourism
industry, the United States National Tourism Orga-
nization, 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 appro-
priate 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.
Passed the House of Representatives September 26,
1996.
Attest:
Clerk.