[Congressional Record Volume 162, Number 23 (Tuesday, February 9, 2016)]
[Senate]
[Pages S742-S744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3295. Mr. PORTMAN (for himself, Ms. Cantwell, and Ms. Murkowski)
submitted an amendment intended to be proposed to amendment SA 2953
proposed by Ms. Murkowski to the bill S. 2012, to provide for the
modernization of the energy policy of the United States, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title IV, add the following:
SEC. 44___. NATIONAL PARK CENTENNIAL.
(a) National Park Centennial Challenge Fund.--
(1) In general.--Chapter 1049 of title 54, United States
Code (as amended by section 5001(a)), is amended by adding at
the end the following:
``Sec. 104909. National Park Centennial Challenge Fund
``(a) Purpose.--The purpose of this section is to establish
a fund in the Treasury--
``(1) to finance signature projects and programs to enhance
the National Park System as the centennial of the National
Park System approaches in 2016; and
``(2) to prepare the System for another century of
conservation, preservation, and enjoyment.
``(b) Definitions.--In this section:
``(1) Challenge fund.--The term `Challenge Fund' means the
National Park Centennial Challenge Fund established by
subsection (c)(1).
``(2) Qualified donation.--The term `qualified donation'
means a cash donation or the pledge of a cash donation
guaranteed by an irrevocable letter of credit to the Service
that the Secretary certifies is to be used for a signature
project or program.
``(3) Signature project or program.--The term `signature
project or program' means any project or program identified
by the Secretary as a project or program that would further
the purposes of the System or any System unit.
``(c) National Park Centennial Challenge Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `National
Park Centennial Challenge Fund'.
``(2) Deposits.--The Challenge Fund shall consist of--
``(A) qualified donations that are transferred from the
Service donation account, in accordance with subsection
(e)(1); and
``(B) such amounts as are appropriated from the general
fund of the Treasury, in accordance with subsection (e)(2).
``(3) Availability.--Amounts in the Challenge Fund shall--
``(A) be available to the Secretary for signature projects
and programs under this title, without further appropriation;
and
``(B) remain available until expended.
``(d) Signature Projects and Programs.--
``(1) Development of list.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
develop a list of signature projects and programs eligible
for funding from the Challenge Fund.
``(2) Submission to congress.--The Secretary shall submit
to the Committees on Appropriations and Energy and Natural
Resources of the Senate and the Committees on Appropriations
and Natural Resources of the House of Representatives the
list developed under paragraph (1).
``(3) Updates.--Subject to the notice requirements under
paragraph (2), the Secretary may add any signature project or
program to the list developed under paragraph (1).
``(e) Donations and Matching Federal Funds.--
``(1) Qualified donations.--The Secretary may transfer any
qualified donations to the Challenge Fund.
``(2) Matching amount.--There is authorized to be
appropriated to the Challenge Fund for each fiscal year
through fiscal year 2020 an amount equal to the amount of
qualified donations received for the fiscal year.
``(3) Solicitation.--Nothing in this section expands any
authority of the Secretary, the Service, or any employee of
the Service to receive or solicit donations.
``(f) Report to Congress.--The Secretary shall provide with
the submission of the budget of the President to Congress for
each fiscal year a report on the status and funding of the
signature projects and programs.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code (as amended by section 5001(b)),
is amended by inserting after the item relating to section
104908 the following:
``Sec. 104909. National Park Centennial Challenge Fund.''.
(b) Second Century Endowment for the National Park
System.--
(1) In general.--Subchapter II of chapter 1011 of title 54,
United States Code, is amended by adding at the end the
following:
``SEC. 101121. SECOND CENTURY ENDOWMENT FOR THE NATIONAL PARK
SYSTEM.
``(a) In General.--The National Park Foundation shall
establish an endowment, to be known as the `Second Century
Endowment for the National Park System' (referred to in this
section as the `Endowment').
``(b) Campaign.--To further the mission of the Service, the
National Park Foundation may undertake a campaign to fund the
Endowment through gifts, devises, or bequests, in accordance
with section 101113.
[[Page S743]]
``(c) Use of Proceeds.--
``(1) In general.--On request of the Secretary, the
National Park Foundation shall expend proceeds from the
Endowment in accordance with projects and programs in
furtherance of the mission of the Service, as identified by
the Secretary.
``(2) Management.--The National Park Foundation shall
manage the Endowment in a manner that ensures that annual
expenditures as a percentage of the principal are consistent
with Internal Revenue Service guidelines for endowments
maintained for charitable purposes.
``(d) Investments.--The National Park Foundation shall--
``(1) maintain the Endowment in an interest-bearing
account; and
``(2) invest Endowment proceeds with the purpose of
supporting and enriching the System in perpetuity.
``(e) Report.--Each year, the National Park Foundation
shall make publicly available information on the amounts
deposited into, and expended from, the Endowment.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code, is amended by inserting after
the item relating to section 101120 the following:
``Sec. 101121. Second Century Endowment for the National Park
System.''.
(c) National Park Service Intellectual Property
Protection.--
(1) In general.--Chapter 1049 of title 54, United States
Code (as amended by subsection (a)(1)), is amended by adding
at the end the following:
``Sec. 104910. Intellectual property
``(a) Definitions.--In this section:
``(1) Service emblem.--
``(A) In general.--The term `Service emblem' means any
word, phrase, insignia, logo, logotype, trademark, service
mark, symbol, design, graphic, image, color, badge, uniform,
or any combination of emblems used to identify the Service or
a component of the System.
``(B) Inclusions.--The term `Service emblem' includes--
``(i) the Service name;
``(ii) an official System unit name;
``(iii) any other name used to identify a Service component
or program; and
``(iv) the Arrowhead symbol.
``(2) Service uniform.--The term `Service uniform' means
any combination of apparel, accessories, or emblems, any
distinctive clothing or other items of dress, or a
representation of dress--
``(A) that is worn during the performance of official
duties; and
``(B) that identifies the wearer as a Service employee.
``(b) Prohibited Acts.--
``(1) National park service emblem or uniform.--No person
shall, without the written permission of the Secretary--
``(A) use any Service emblem or uniform, or any word, term,
name, symbol or device or any combination of emblems to
suggest any colorable likeness of the Service emblem or
Service uniform in connection with goods or services in
commerce if the use is likely to cause confusion, or to
deceive the public into believing that the emblem or uniform
is from or connected with the Service;
``(B) use any Service emblem or Service uniform or any
word, term, name, symbol, device, or any combination of
emblems or uniforms to suggest any likeness of the Service
emblem or Service uniform in connection with goods or
services in commerce in a manner reasonably calculated to
convey the impression to the public that the goods or
services are approved, endorsed, or authorized by the
Service;
``(C) use in commerce any word, term, name, symbol, device
or any combination of words, terms, names, symbols, or
devices to suggest any likeness of the Service emblem or
Service uniform in a manner that is reasonably calculated to
convey the impression that the wearer of the item of apparel
is acting pursuant to the legal authority of the Service; or
``(D) knowingly make any false statement for the purpose of
obtaining permission to use any Service emblem or Service
uniform.
``(2) Penalties.--Any person who violates the provisions of
paragraph (1), shall--
``(A) in the case of a first violation by an individual, be
fined not more than $5,000 per use, imprisoned not more than
180 days, or both;
``(B) in the case of a subsequent violation by an
individual, be fined not more than $100,000 per use,
imprisoned not more than 1 year, or both;
``(C) in the case of a first violation by a person or
entity other than an individual, be fined not more than
$10,000 per use; or
``(D) in the case of a subsequent violation by a person or
entity other than an individual, be fined not more than
$200,000 per use.
``(c) Civil Cause of Action.--The Attorney General may, on
request of the Secretary, bring a civil action in a court of
competent jurisdiction, to obtain injunctive or other
equitable relief and to recover damages, against a person who
manufactures, reproduces, or uses the Service emblem or
Service uniform, without the written permission of the
Secretary.
``(d) Retention of Funds.--Any fines collected under
section (b)(2) and any damages collected under subsection (c)
shall be retained by the National Park Service, until
expended and without further appropriation, for use by System
units and programs administered by the Service.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code, is amended by inserting after
the item relating to section 104908 (as added by subsection
(a)(2)) the following:
``Sec. 104910. Intellectual property.''.
(d) National Park Service Education and Interpretation.--
(1) In general.--Division A of subtitle I of title 54,
United States Code, is amended by inserting after chapter
1007 the following:
``CHAPTER 1008--EDUCATION AND INTERPRETATION
``CHAPTER 1008--Education and Interpretation
``Sec.
``100801. Purposes.
``100802. Definitions.
``100803. Interpretation and education authority.
``100804. Interpretation and education evaluation and quality
improvement.
``100805. Improved utilization of partners and volunteers in
interpretation and education.
``Sec. 100801. Purposes
``The purposes of this chapter are--
``(1) to more effectively achieve the mission of the
Service by providing clear authority and direction for
interpretation and education programs that are carried out by
the Service under separate authorities;
``(2) to ensure that the public encounters a variety of
interpretive and educational opportunities and services
during visits to System units;
``(3) to recognize that the Service provides lifelong
learning opportunities and contributes to interdisciplinary
learning in traditional and nontraditional educational
settings;
``(4) to provide opportunities for all people to find
relevance in the System; and
``(5) to strengthen public understanding of the natural and
cultural heritage and the United States.
``Sec. 100802. Definitions
``In this chapter:
``(1) Education.--The term `education' means enhancing
public awareness, understanding, and appreciation of the
resources of the System through learner-centered, place-based
materials, programs, and activities that achieve specific
learning objectives as identified in a curriculum.
``(2) Interpretation.--The term `interpretation' means--
``(A) providing opportunities for people to form
intellectual and emotional connections to gain awareness,
appreciation, and understanding of the resources of the
System; and
``(B) the professional career field of Service employees,
volunteers, and partners who interpret the resources of the
System.
``(3) Related area.--The term `related area' means--
``(A) a component of the National Trails System;
``(B) a National Heritage Area; and
``(C) an affiliated area administered in connection with
the System.
``Sec. 100803. Interpretation and education authority
``The Secretary shall ensure that management of System
units and related areas is enhanced by the availability and
utilization of a broad program of the highest quality
interpretation and education.
``Sec. 100804. Interpretation and education evaluation and
quality improvement
``The Secretary may undertake a program of regular
evaluation of interpretation and education programs to ensure
that the programs--
``(1) adjust to the ways in which people learn and engage
with the natural world and shared heritage as embodied in the
System;
``(2) reflect different cultural backgrounds, ages,
education, gender, abilities, ethnicity, and needs;
``(3) demonstrate innovative approaches to management and
appropriately incorporate emerging learning and
communications technology; and
``(4) reflect current scientific and academic research,
content, methods, and audience analysis.
``Sec. 100805. Improved utilization of partners and
volunteers in interpretation and education
``The Secretary may--
``(1) coordinate with System unit partners and volunteers
in the delivery of quality programs and services to
supplement the programs and services provided by the Service
as part of a Long-Range Interpretive Plan for a System unit;
``(2) support interpretive partners by providing
opportunities to participate in interpretive training; and
``(3) collaborate with other Federal and non-Federal public
or private agencies, organizations, or institutions for the
purposes of developing, promoting, and making available
educational opportunities related to resources of the System
and programs.''.
(2) Clerical amendment.--The table of chapters for division
A of subtitle I of title 54, United States Code, is amended
by inserting after the item relating to chapter 1007 the
following:
``1008. Education and Interpretation.....................100801''.....
(e) Public Land Corps Amendments.--
(1) Definitions.--Section 203(10)(A) of the Public Lands
Corps Act of 1993 (16 U.S.C. 1722(10)(A)) is amended by
striking ``25'' and inserting ``30''.
(2) Participants.--Section 204(b) of the Public Lands Corps
Act of 1993 (16 U.S.C.
[[Page S744]]
1723(b)) is amended in the first sentence by striking ``25''
and inserting ``30''.
(3) Hiring.--Section 207(c)(2) of the Public Lands Corps
Act of 1993 (16 U.S.C., 1726(c)(2)) is amended by striking
``120 days'' and inserting ``2 years''.
(f) Volunteers in Parks Program.--Section 102301(d) of
title 54, United States Code, is amended--
(1) by striking ``is'' and inserting ``are''; and
(2) by striking ``not more than $3,500,000'' and inserting
``such sums as are necessary''.
(g) National Park Foundation.--
(1) Board of directors.--Subchapter II of chapter 1011 of
title 54, United States Code, is amended--
(A) in section 101112--
(i) by striking subsection (a) and inserting the following:
``(a) Membership.--The National Park Foundation shall
consist of a Board having as members at least 6 private
citizens of the United States appointed by the Secretary,
with the Secretary and the Director serving as ex officio
members of the Board.''; and
(ii) by striking subsection (c) and inserting the
following:
``(c) Chairman.--
``(1) Selection.--The Board shall select a Chairman of the
Board from among the members of the Board.
``(2) Term.--The Chairman of the Board shall serve for a 2-
year term.''; and
(iii) in section 101113(a)--
(I) by redesignating paragraph (2) as paragraph (3); and
(II) by inserting after paragraph (1) the following:
``(2) Coordination with service.--Activities of the
National Park Foundation under paragraph (1) shall be
undertaken after consultation with the Secretary to ensure
the activities are consistent with the programs and policies
of the Service.''.
(2) Authorization of appropriations.--
(A) In general.--Subchapter II of chapter 1011 of title 54,
United States Code (as amended by subsection (b)(1)), is
amended by adding at the end the following:
``SEC. 101122. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this subchapter $25,000,000 for each of fiscal
years 2016 through 2026.
``(b) Use of Appropriated Funds.--Amounts made available
under subsection (a) shall be provided to the National Park
Foundation for use for matching, on a 1-to-1 basis,
contributions (including money, services, or property) made
to the National Park Foundation.
``(c) Prohibition of Use for Administrative Expenses.--No
Federal funds made available under subsection (a) shall be
used by the National Park Foundation for administrative
expenses of the National Park Foundation, including for
salaries, travel and transportation expenses, and other
overhead expenses.''.
(B) Clerical amendment.--The table of sections affected for
title 54, United States Code, is amended by inserting after
the item relating to section 101121 (as amended by subsection
(b)(2)) the following:
``Sec. 101122. Authorization of appropriations.''.
______