United States Tourism Organization Act - Establishes: (1) the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism; and (2) the United States Tourism Organization as a non-Federal not-for-profit organization to implement the national travel and tourism strategy developed by the Board.
Requires the Secretary of State to cooperate with the Organization and place a high priority on implementing its recommendations.
Amends the Export Enhancement Act of 1988 to require the Federal trade promotion plan of the Trade Promotion Coordinating Committee (TPCC) to reflect Board recommendations. Makes the Chairman of the Organization a member of the TPCC.
Terminates the Organization and the Board if a plan for the long-term financing of the Organization has not been implemented two years after its incorporation.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1735 Introduced in Senate (IS)]
104th CONGRESS
2d Session
S. 1735
To establish the United States Tourism Organization as a
nongovernmental entity for the purpose of promoting tourism in the
United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 1996
Mr. Pressler (for himself, Mr. Bryan, Mr. Warner, Mr. Burns, Mr.
Stevens, Mr. Hollings, Mr. Inouye, Mr. Ford, Mr. Kerry, Mr. Breaux, Mr.
Dorgan, Mr. Akaka, Mr. Johnston, and Mr. Coverdell) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish the United States Tourism Organization as a
nongovernmental entity for the purpose of promoting tourism in 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 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
organization. The Organization shall maintain its principal offices and
national headquarters in the city of Washington, District of Columbia,
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
(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 45
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; 1 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.
(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.
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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4859-4860)
Read twice and referred to the Committee on Commerce.
Committee on Commerce. Ordered to be reported with amendments favorably.
Committee on Commerce. Reported to Senate by Senator Pressler with amendments. With written report No. 104-341.
Committee on Commerce. Reported to Senate by Senator Pressler with amendments. With written report No. 104-341.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 551.
Measure laid before Senate. (consideration: CR S9671-9675)
Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.
Passed Senate with amendments by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
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Referred to the Committee on Commerce, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Commerce, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Commerce, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Commerce, Trade, and Hazardous Materials.
Referred to the Subcommittee on International Economic Policy and Trade.