[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1703 Reported in Senate (RS)]





                                                       Calendar No. 474

104th CONGRESS

  2d Session

                                S. 1703

                          [Report No. 104-299]

_______________________________________________________________________

                                 A BILL

      To amend the Act establishing the National Park Foundation.

_______________________________________________________________________

                             June 27, 1996

                       Reported with an amendment





                                                       Calendar No. 474
104th CONGRESS
  2d Session
                                S. 1703

                          [Report No. 104-299]

      To amend the Act establishing the National Park Foundation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 1996

Mr. Murkowski (for himself, Mr. Johnston, Mr. Bennett, Mr. Kempthorne, 
Mr. Lieberman, Mr. Campbell, and Mr. Jeffords) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 27, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
      To amend the Act establishing the National Park Foundation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>That the Act of December 18, 1967 (16 U.S.C. 19e-19n), 
entitled ``An Act to establish the National Park Foundation'', is 
amended:</DELETED>
        <DELETED>    (1) in section 1--</DELETED>
                <DELETED>    (A) by striking ``therein'' and inserting 
                in lieu thereof ``therein, and to develop and implement 
                means of securing funds from the private sector,''; 
                and</DELETED>
                <DELETED>    (B) by striking ``to accept and administer 
                such gifts'';</DELETED>
        <DELETED>    (2) in section 3--</DELETED>
                        <DELETED>    (i) by inserting ``(a)'' after 
                        ``Sec. 3.''; and</DELETED>
                        <DELETED>    (ii) by inserting at the end 
                        thereof the following--</DELETED>
<DELETED>    ``(b) In furtherance of the purposes of this Act, the 
Foundation shall have exclusive authority to license or authorize 
persons to use any trademark, tradename, sign, symbol, emblem, 
insignia, logo, likeness or slogan to represent, promote, or advertise 
that an individual, company, or particular good or service is an 
official sponsor or supporter of the National Park System, National 
Park Service, or any unit of the National Park System: Provided, That 
any license or authorization referred to in this subsection shall be 
subject to the prior written approval of the Secretary of the Interior, 
who may not delegate this authority: Provided further, That except as 
provided in this Act, no person may use for commercial purposes any 
trademark, tradename, sign, symbol, emblem, insignia, slogan, or 
related artistic design belonging to the National Park 
Service.'';</DELETED>
        <DELETED>    (3) in section 4--</DELETED>
                <DELETED>    (A) by inserting ``and section 8(b)'' 
                between ``transfer'' and the comma;</DELETED>
                <DELETED>    (B) by inserting ``license,'' between 
                ``lease,'' and ``invest''; and</DELETED>
                <DELETED>    (C) by striking ``any business, nor shall 
                the Foundation'' and inserting in lieu thereof 
                ``business for pecuniary profit or gain, except as 
                provided in section 8(b); operate any commercial 
                establishment or enterprise within any unit of the 
                National Park System; engage in any lobbying activities 
                as defined in section 3(7) of the Lobbying Disclosure 
                Act of 1995 (2 U.S.C. 1602(7)) concerning the 
                management of the National Park System; or'';</DELETED>
        <DELETED>    (4) in section 8--</DELETED>
                <DELETED>    (A) by inserting ``(a)'' after ``Sec. 
                8.''; and</DELETED>
                <DELETED>    (B) by inserting at the end the 
                following:</DELETED>
<DELETED>    ``(b) All of the income in the Foundation, net of 
operating expenses, any contributions to local government pursuant to 
subsection (a), and reserves determined necessary or appropriate by the 
Board, shall be provided to or for the benefit of the National Park 
Service.''; and</DELETED>
        <DELETED>    (5) at the end, by inserting the 
        following:</DELETED>
<DELETED>    ``Sec. 11. Whoever, without the authorization of the 
Foundation, uses purposes of trade, to induce the sale of any good or 
service, or to promote any commercial activity, the name of the 
Foundation, or any trademark, tradename, sign, symbol, emblem, 
insignia, logo, likeness, or slogan referred to in section 3(b), or any 
facsimile or simulation thereof, shall be subject to suit in a civil 
action by the Foundation for the remedies provided in the Act of July 
5, 1946 (15 U.S.C. 1051 et seq.) and, additionally, a civil penalty of 
$1,000 for each day of such unauthorized use.''.</DELETED>
That the Act of December 18, 1967 (U.S.C. 19e-19n), entitled ``An Act 
to establish the National Park Foundation'', is amended:
            (1) in section 1--
                    (A) by striking ``therein'' and inserting in lieu 
                thereof ``therein, and to develop and implement means 
                of securing funds from the private sector, to enhance 
                funding for the National Park System without 
                supplanting appropriated funds otherwise available for 
                the National Park System,''; and
                    (B) by striking ``to accept and administer such 
                gifts'';
            (2) in section 3--
                    (A) by inserting ``(a)'' after ``Sec. 3.''; and
                    (B) by inserting at the end:
    ``(b)(1) In furtherance of the purposes of this Act, the Foundation 
shall have exclusive authority to license or authorize persons to use 
such trademarks, tradenames, signs, symbols, emblems, insignia, logos, 
likenesses, or slogans that are or may be in the future adopted and 
owned by the Foundation, and for which the Foundation has filed an 
application or applications with the United States Patent and Trademark 
Office, for the purposes of representing, promoting or advertising for 
commercial purposes or pecuniary gain that an individual, company, or 
particular good or service is an official sponsor or official supporter 
of the National Park System or National Park Service.
    ``(2) The authority provided in paragraph (1) shall be subject to 
the following conditions:
            ``(A) The criteria and guidelines for the competitive 
        issuance and the maintenance of a license or authorization, and 
        the issuance of each license or authorization, shall be subject 
        to the prior written approval of the Secretary as being 
        appropriate to the image of the National Park System and 
        consistent with the management policies and practices of the 
        National Park Service, and such approval authority may not be 
        delegated.
            ``(B) Neither the Secretary of the Interior, the 
        Foundation, nor any other person may authorize an individual, 
        company, or particular good or service to represent, promote, 
        or advertise, and no person may represent or imply, for 
        commercial purposes or for pecuniary gain that it is an 
        official sponsor or official supporter of any individual unit 
        of the National Park System.
            ``(C) The advertisements and promotional activities 
        undertaken by a licensee or authorized person shall be 
        appropriate to the image of the National Park System and 
        consistent with the management policies and practices of the 
        National Park Service.
            ``(D) Neither the Secretary of the Interior, the 
        Foundation, nor any other person may authorize an individual, 
        company, or particular good or service to represent that it is 
        endorsed by the National Park Service.
            ``(E) Nothing in this Act shall in any way restrict or 
        preclude the Statue of Liberty--Ellis Island Foundation, Inc. 
        (the `Statue of Liberty Foundation'), so long as its activities 
        are authorized by a Memorandum of Agreement with the Secretary 
        of the Interior, from raising donations for the restoration of 
        the Statue of Liberty and Ellis Island by, among other things, 
        offering to any third parties exclusive rights to any 
        trademark, tradename, sign, symbol, insignia, emblem, logo, 
        likeness, or slogan owned by the Statue of Liberty Foundation.
            ``(F) Activities of the Foundation undertaken pursuant to 
        this Act, including the licensing or authorizing of official 
        sponsors and official supporters of the National Park System or 
        National Park Service by the Foundation, shall not preclude 
        charitable organizations or cooperating associations from 
        conducting fundraising activities or selling merchandise to 
        generate support for a unit or units of the National Park 
        System or the National Park Service, so long as such activities 
        do not convey a right to be considered as an official sponsor 
        or official supporter of such unit or units as prohibited by 
        subparagraph (B) or of the National Park System or National 
        Park Service.
    ``(c) No license or authorization referred to in subsection (b) 
shall grant any person any right or authority to market, advertise, 
display, sell, or promote, any goods, products or services in any unit 
of the National Park System or in any related facility operated outside 
the boundaries of any unit, or to advertise or promote that it is an 
official sponsor or official supporter within the meaning of subsection 
(b) in any such unit or related facility: Provided, That the Secretary 
of the Interior may authorize limited recognition of official sponsors 
or official supporters within the meaning of subsection (b) in units of 
the National Park System or any related facility operated outside the 
boundaries of any unit but only under such appropriate policies and 
procedures which ensure that status as an official sponsor or official 
supporter within the meaning of subsection (b) shall not be 
commercially exploited in any manner within any such unit or related 
facility.'';
            (3) in section 4--
                    (A) by inserting ``and section 8(b)'' between 
                ``transfer'' and the comma;
                    (B) by inserting ``license,'' between ``lease,'' 
                and ``invest''; and
                    (C) by striking ``any business, nor shall the 
                Foundation'' and inserting in lieu thereof ``business 
                for pecuniary profit or gain, except for the purposes 
                set forth in this Act; operate any commercial 
                establishment or enterprise within any unit of the 
                National Park System; engage in any lobbying activities 
                as defined in section 3(7) of the Lobbying Disclosure 
                Act of 1995 (2 U.S.C. 1602(7)) concerning the 
                management of the National Park System; or'';
            (4) in section 8--
                    (A) by inserting ``(a)'' after ``Sec. 8.''; and
                    (B) by inserting at the end:
    ``(b) All of the income in the Foundation, net of reasonable 
operating expenses, any contributions to local government pursuant to 
subsection (a), and reserves determined necessary or appropriate by the 
Board, shall be provided to or for the benefit of the National Park 
Service: Provided, That all such net income derived from the licenses 
and authorizations referred to in section 3(b) shall be expended in 
accordance with policies and priorities of the National Park Service on 
programs, projects, or activities that benefit the National Park System 
or National Park Service as identified by the Secretary in consultation 
with the Foundation.'';
            (5) in section 10--
                    (A) by inserting ``(a)'' after ``Sec. 10.''; and
                    (B) by inserting at the end:
    ``(b) Within 30 days of the execution of each license or 
authorization referred to in section 3(b), the Foundation shall 
transmit a copy thereof to the Committee on Resources of the United 
States House of Representatives and the Committee on Energy and Natural 
Resources of the United States Senate.
    ``(c) No later than 5 years after the date of enactment of this 
subsection, the Secretary of the Interior shall submit to the Committee 
on Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the United States Senate a report 
assessing the cost, effectiveness, and effects of the licensing and 
authorization program established pursuant to section 3(b). The report 
shall include, but not be limited to, assessments of the effect of such 
program on--
            ``(1) visitation levels in the National Park System;
            ``(2) the image of the National Park System;
            ``(3) achievement of the needs and priorities of the 
        National Park Service;
            ``(4) appropriations for the National Park System; and
            ``(5) the costs of the Foundation and the Secretary of the 
        Interior to administer the program.''; and
            (6) at the end, by inserting:
    ``Sec. 11. Whoever, without the authorization of the Foundation, 
uses for purposes of trade, to induce the sale of any good or service, 
to promote any commercial activity, or for other commercial purpose the 
name of the Foundation or any trademark, tradename, sign, symbol, 
emblem, insignia, logo, likeness, or slogan referred to in section 
3(b)(1), or any facsimile or simulation thereof tending to cause 
confusion, to cause mistake, to deceive, or to suggest falsely that an 
individual, company, or particular good or service is an official 
sponsor or official supporter of the National Park System or National 
Park Service, shall be subject to suit in a civil action by the 
Foundation for the remedies provided in the Act of July 5, 1946, 60 
Stat. 427 (15 U.S.C. sec. 1051 et seq.).
    ``Sec. 12. Section 1 of Public Law 88-504 (36 U.S.C. 1101), as 
amended, is further amended by adding at the end, `(78) The National 
Park Foundation'.''.