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