[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.