[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2297 Reported in Senate (RS)]






                                                       Calendar No. 635
105th CONGRESS
  2d Session
                                S. 2297

To provide for the distribution of certain publications in units of the 
 National Park System under a sales agreement between the Secretary of 
                 the Interior and a private contractor.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 1998

  Mr. Gorton introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           September 25, 1998

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

_______________________________________________________________________

                                 A BILL


 
To provide for the distribution of certain publications in units of the 
 National Park System under a sales agreement between the Secretary of 
                 the Interior and a private contractor.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. DISTRIBUTION OF COMMERCIAL INFORMATIONAL 
              PUBLICATIONS IN THE NATIONAL PARK SYSTEM.</DELETED>

<DELETED>    (a) Definitions.--</DELETED>
        <DELETED>    (1) Commercial informational publication.--
        </DELETED>
                <DELETED>    (A) In general.--In this section, the term 
                ``commercial informational publication'' means a guide, 
                directory, periodical, or other publication that--
                </DELETED>
                        <DELETED>    (i) is produced by a private 
                        person and is intended by the person to be 
                        distributed to visitors to a unit of the 
                        National Park System;</DELETED>
                        <DELETED>    (ii) consists primarily of 
                        information regarding any unit or units of the 
                        National Park System; and</DELETED>
                        <DELETED>    (iii) contains 
                        advertising.</DELETED>
                <DELETED>    (B) Exclusion.--The term ``commercial 
                information publication'' does not include a 
                publication that is produced and distributed by a 
                cooperating association or other friends-of-the-park 
                group recognized by the Secretary.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director of the 
        National Park Service.</DELETED>
<DELETED>    (b) Prohibition.--It shall be unlawful for any person to 
distribute a commercial informational publication in a unit of the 
National Park System except in accordance with a sales agreement under 
subsection (c).</DELETED>
<DELETED>    (c) Sales Agreements.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall enter into 1 
        sales agreement with a private person under which the private 
        person shall be authorized to distribute commercial 
        informational publications in all of the units of the National 
        Park System.</DELETED>
        <DELETED>    (2) Provisions.--A sales agreement shall provide 
        for--</DELETED>
                <DELETED>    (A) participation by the Secretary, in 
                cooperation with the contractor, in the preparation of 
                editorial content and the distribution of commercial 
                informational publications; and</DELETED>
                <DELETED>    (B) payment by the contractor of a portion 
                of the advertising revenue and publication sales 
                revenue.</DELETED>
        <DELETED>    (3) Qualification.--A contractor selected for a 
        sales agreement shall be a person that demonstrates experience 
        in providing service to the United States Government, 
        experience in United States Government-related publications, 
        and success in generating advertising revenue to be shared with 
        the National Park Service.</DELETED>
<DELETED>    (d) Use of Proceeds.--Amounts paid by a contractor under 
subsection (c)(2)(B) shall be deposited in a separate account in the 
Treasury of the United States and shall be available to the Secretary, 
without further Act of appropriation, for use in the unit of the 
National Park System in which the proceeds were generated.</DELETED>

SECTION 1. DISTRIBUTION OF COMMERCIAL PUBLICATIONS IN THE NATIONAL PARK 
              SYSTEM.

    (a) Definitions.--
            (1) Commercial informational publication.--
                    (A) In general.--In this section, the term 
                ``commercial informational publication'' means any 
                publication that--
                            (i) is produced by a cooperator and is 
                        intended by that cooperator to be distributed 
                        to visitors within a unit of the National Park 
                        System;
                            (ii) provides information regarding the 
                        National Park Service, or any unit or units of 
                        the National Park System; and
                            (iii) contains advertising.
                    (B) Exclusion.--The term ``commercial information 
                publication'' does not include a publication that is 
                produced or distributed by a non-profit organization 
                pursuant to a written agreement with the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of the Interior acting through the Director 
        of the National Park Service.
            (3) Cooperator.--The term ``cooperator'' means a private 
        person or entity which enters into a cooperative agreement with 
        the Secretary as described in section 1(b) hereof.
    (b) Cooperative Agreements.--
            (1) In general.--The Secretary may enter into cooperative 
        agreements with a cooperator under which the cooperator shall 
        be authorized to distribute commercial informational 
        publications in one or more units of the National Park System.
            (2) Provisions.--A cooperative agreement shall provide 
        appropriate terms and conditions for--
                    (A) approval by the Secretary of the content, 
                including advertising, of the commercial informational 
                publication;
                    (B) requiring that the commercial informational 
                publication include appropriate information about the 
                National Park Service, the National Park System, and 
                individual units of the National Park System;
                    (C) the distribution of commercial informational 
                publications, including any distribution by the 
                Secretary; and
                    (D) the sharing of revenues generated by the 
                commercial informational publication.
            (3) Qualification.--A cooperator selected for a cooperative 
        agreement shall demonstrate experience in producing and 
        distributing attractive and informative publications that 
        appeal to diverse populations with a variety of needs and 
        interests and the technical quality and ability to deliver a 
        high quantity of publications in a timely manner at a 
        reasonable cost or at best value.
    (c) Use of Proceeds.--Revenues shared with the Secretary by a 
cooperator under subsection (b)(2)(D) shall be deposited in a separate 
account in the Treasury of the United States and shall be available to 
the Secretary, without further Act of appropriation, to support 
National Park Service education programs.
                                     





                                                       Calendar No. 635

105th CONGRESS

  2d Session

                                S. 2297

_______________________________________________________________________

                                 A BILL

To provide for the distribution of certain publications in units of the 
 National Park System under a sales agreement between the Secretary of 
                 the Interior and a private contractor.

_______________________________________________________________________

                           September 25, 1998

                       Reported with an amendment