United States National Tourism Organization Act of 1996
PL 104-288 (H.R.2579), enacted 10/11/1996

110 STAT. 3402 
PUBLIC LAW 104-288—OCT. 11, 1996 
Public Law 104-288 
104th Congress 
An Act 
Oct. 11, 1996 
To establish the National Tourism Board and the National Tourism Organization 
[H.R. 2579] 
^ promote international travel and tourism to the United States. 
Be it enacted by the Senate and House of Representatives 
of 
United States 
the United States of America in Congress assembled. 
National Tourism 
Organization Act 
SECTION 1. SHORT TITLE. 
of 1996. 
22 use 2141 
This Act may be cited as the "United States National Tourism 
note. 
Organization Act of 1996". 
22 use 2141. 
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 expendi-
tures totaled $433 billion in 1995, $415 billion spent directly 
within the United States and an additional $18 biUion 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 
milUon jobs and indirectly responsible for another 8 million 
jobs. 
(5) Emplo3anent 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 firom 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. 
PUBLIC LAW 104-288—OCT. 11, 1996 
110 STAT. 3403 
(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. 
22 USC 2141a. 
(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; 
110 STAT. 3404 
PUBLIC LAW 104-288—OCT. 11, 1996 
(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 pajnnents 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. 
22 use 2141b. 
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 Bosird 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 
PUBLIC LAW 104-288—OCT. 11, 1996 
110 STAT. 3405 
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 carrjdng out the necessary 
functions of the Board. The duties of the President sheJl 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 fi"om the private sector and State 
Eind 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 canying 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 fi*equently than semiannually. The Board shall meet 
within 2 months of appointment of all members, but in £iny case 
110 STAT. 3406 
PUBLIC LAW 104-288—OCT. 11, 1996 
no later than 6 months after the date of the enactment of this 
Act. 
22 use 2141c. 
SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND NAMES. 
(a) IN GENERAL.—The Organization shall provide for the design 
of such sjnnbols, emblems, trademarks, and names as may be appro-
priate and shall take all action necessary to protect smd 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 bv the 
Organization for the remedies proviaed in the Act oi 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 Orgguiization. 
(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). 
22 use 2141d. 
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— 
PUBLIC LAW 104-288—OCT. 11, 1996 
110 STAT. 3407 
(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. 
22 USC 2141e. 
(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 fimds 
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 22 USC 2124c. 
is amended in subsection (c)(l)(B)(i) and subsection (c)(2) by striking 
"Under Secretaiy 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 
110 STAT. 3408 
PUBLIC LAW 104-288—OCT. 11, 1996 
(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 £ind 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 COUNCILo 
Section 302 of the International Travel Act of 1961 (22 U.S.C. 
2124a) is repealed and the following is inserted: 
Establishment. 
"SEC. 301. (a) In order to ensure that the United States' national 
22 use 2124. 
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 
Eiffected interests at each meeting as deemed appropriate and 
invited by the Chairmem. 
"(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. 
PUBLIC LAW 104-288—OCT. 11, 1996 
110 STAT. 3409 
"(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 ftinctions 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 Chairmsm, 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 Reports. 
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 
Coimcil.". 
110 STAT. 3410 
PUBLIC LAW 104-288—OCT. 11, 1996 
22 use 2141f. 
SEC. 12. DEFINITIONS. 
For purposes of this Act— 
(1) the term "Organization" means the United States 
National Tourism Organization estabhshed under section 3; 
and 
(2) the term "Board" means the United States National 
Tourism Organization Board established under section 4. 
Approved October 11, 1996. 
LEGISLATIVE HISTORY—H.R. 2579 (S. 1735): 
HOUSE REPORTS: No. 104-839, Pt. 1 (Comm. on Commerce). 
SENATE REPORTS: No. 104-341 accompanying S. 1735 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Aug. 2, S. 1735 considered and passed Senate. 
Sept. 26, H.R. 2579 considered and passed Hoiise. 
Sept. 28, considered and passed Senate.