[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9671-S9675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 UNITED STATES TOURISM ORGANIZATION ACT

  Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 551, S. 1735.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1735) to establish the United States Tourism 
     Organization as a nongovernmental entity for the purpose of 
     promoting tourism in the United States.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 1735

       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 [nonprofit] not for profit 
     organization. The Organization shall maintain its principal 
     offices and national headquarters in the [city of Washington, 
     District of Columbia,] 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

[[Page S9672]]

       (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 46 
     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.] America; 1 member elected 
     by the Retail Travel Agents Association; 1 member elected by 
     the American Society of Travel Agents; and 1 member elected 
     by the Rural Tourism Development Foundation.
       (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.


                           Amendment No. 5156

   (Purpose: To make minor and technical corrections in the bill as 
                               reported)

  Mr. STEVENS. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens], for Mr. Pressler, 
     proposes an amendment numbered 5156.

  Mr. STEVENS. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 7, line 8, strike ``46'' and insert ``48''.
       On page 9, beginning in line 3, strike ``Retail Travel 
     Agents Association;'' and insert ``Association of Retail 
     Travel Agents;''.
       On page 9, between lines 6 and 7, insert the following:
       (L) 1 member elected by the National Trust for Historic 
     Preservation.
       (M) 1 member elected by the American Association of 
     Museums.

  Mr. PRESSLER. Mr. President, I am pleased that today the Senate has 
approved S. 1735, the United States Tourism Organization Act, 
legislation I introduced on May 8, 1996. This bill is aimed at 
promoting the United States as a tourist destination in the 
increasingly competitive world tourism market. Passage of this 
bipartisan measure would help to ensure the United States

[[Page S9673]]

remains a leader in this growing industry. In particular, I thank my 
distinguished colleague from Nevada, Senator Richard Bryan, and my good 
friend from Virgina, Senator John Warner, who joined me in sponsoring 
this legislation.
  Mr. President, the travel and tourism industry is the second most 
productive in the world. In the United States, the tourism industry 
employs more than 6.3 million people--making it the second largest 
employer in the country.
  Unfortunately, the United States is no longer the world's No. 1 
tourist destination. As other nations have recognized the economic 
potential of tourism, the United States has allowed itself to fall 
behind. We must reverse this trend.
  As Chairman of the U.S. Senate Committee on Commerce, Science, and 
Transportation and Co-chair of the Senate Tourism Caucus, I am 
committed to increasing tourism--both in my home State of South Dakota 
and across the nation. S. 1735 is designed to keep the industry vibrant 
and growing. Most significantly, the legislation would develop a 
public-private partnership, charged with research, advertising, and 
marketing our country as a tourism destination.
  This bill also would establish a U.S. Tourism Organization--a non-
profit, private group to promote the United States both in our country 
and abroad. This is not an expensive new program funded by the hard-
earned dollars of America's taxpayers. Instead, the organization would 
be funded primarily by members of the tourism industry.
  One source of revenue made possible by this bill is from the sale of 
U.S. tourism logos, trademarks or emblems, similar to the five 
adjoining rings used with great financial success by the U.S. Olympic 
Committee. In addition, American business could pay an annual fee to 
become an official member of the U.S. Tourism Organization and use the 
logo for advertising and business promotion. Not only would this boost 
individual businesses, it also would advance the tourism industry as a 
whole.
  Significantly, under this legislation, the structure of the tourism 
organization would ensure that no member business--big or small--would 
be left behind. A National Tourism Board would represent all aspects of 
the tourism industry--from transportation to accommodations, from 
dining and entertainment to tour guides. This board would put South 
Dakota's small-business owners on an equal footing with New York City's 
larger businesses as they compete for potential visitors.
  This provision would be particularly helpful to small-business owners 
in South Dakota like Al Johnson who runs the Palmer Gulch Resort near 
Hill City, or for Alfred Mueller, owner of Al's Oasis in Chamberlain--
the famous home of the buffalo burger.
  U.S. tourism needs to aim for high-tech promotion. Today's technology 
has enormous potential to shape positively and promote the tourism 
industry. Tomorrow's technology will be even more useful. In this area, 
the travel and tourism industry will benefit significantly from 
legislation I sponsored earlier in this Congress, the 
Telecommunications Act of 1996. That new law will unleash even more 
advanced communications technologies and services. South Dakotans, like 
the Husteads, owners of the famous Wall Drug, in Wall, SD, already are 
taking advantage of such technologies as the World Wide Web. These 
evolving technologies can transmit information on U.S. tourism 
destinations to all corners of the globe.
  Austrians could learn about the world-class Shrine to Music Museum in 
Vermillion. Kenyan safari hunters would be able to find out when 
hunting season is in Redfield, SD--the pheasant capital of the world. 
Dog-sledders in the Yukon may want to try out the snowmobile trails of 
the Black Hills National Forest.
  The use of the latest developments in communications technology could 
promote places like the city of Deadwood--one of the fastest growing 
tourist destinations in South Dakota. Across the globe, people could 
learn that Deadwood's main street is lined with old-fashioned saloons 
and gaming halls--inspiring memories of the 1890's gold rush. This, in 
turn, might inspire them to visit Saloon No. 10 where Wild Bill Hickock 
was shot--making famous his poker hand of aces and eights, the 
``Deadman's Hand.''

  S. 1735 represents just one more step in a series of actions I've 
taken to boost tourism in South Dakota and the Nation. For instance, 
earlier this year, I wrote to foreign Ambassadors and other heads of 
missions in the United States urging them to promote the virtues of 
South Dakota as a prime U.S. tourist attraction. I gave them copies of 
the South Dakota vacation guide to pass along to appropriate officials 
in their embassies and home governments who are responsible for 
disseminating tourism information. Not long after receiving my letter, 
the Ambassador from Austria visited our State. Foreign visitors are our 
fastest growing tourist population. We welcome them.
  The U.S. Tourism Organization would partner the Federal Government 
with the men and women who are the tourism industry. This type of 
public-private partnership was discussed by South Dakotans like Vince 
Coyle, of Deadwood, and Julie Jensen, of Rapid City, when they attended 
the White House conference on tourism last year. The legislation we are 
considering today was drafted using the recommendations of the White 
House conference. Working together, we can make tourism the new key to 
this country's economic success.
  This is our opportunity to forge ahead. There is no reason the U.S. 
travel and tourism should be relegated to the back seat any longer. I 
am pleased that the Senate has given this legislation its unanimous 
support. I look forward to working with my colleagues in the House to 
send this bill to the President before the end of the 104th Congress. 
The time is now. We must once again make the United States the top 
tourist destination in the world.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
amendment be considered read and agreed to, the bill be deemed read the 
third time, passed, the motion to reconsider be laid upon the table, 
and that any statements relating to the bill be placed at the 
appropriate place in the Record.
  The amendment (No. 5156) was agreed to.
  The bill (S. 1735) was deemed read the third time, and passed, as 
follows:

                                S. 1735

       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.

[[Page S9674]]

     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--

[[Page S9675]]

       (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.

                          ____________________