text: That the Act of 
  December 18, 1967 (16 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 U.S. 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. 501 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'.''.
target: Revises the purpose of the National Park Foundation to:  (1) include developing and implementing means of securing funds from the private sector to enhance funding for the National Park System (NPS) without supplanting otherwise available appropriated funds; and (2) exclude accepting and administering private gifts on behalf of the National Park Service. 
  Grants the Foundation exclusive authority to license or authorize persons to use such trademarks, symbols, likenesses, or slogans that are adopted and owned by the Foundation and for which it has filed an application with the U.S. Patent and Trademark Office for the purpose of representing, promoting, or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good service is an official sponsor or official supporter of the NPS or the Service. 
  Specifies conditions under which such license or authorization may be granted, such as subjecting the criteria and guidelines for the competitive issuance and the maintenance of a license or authorization to the prior written approval of the Secretary of the Interior.  Authorizes the Foundation to license property. 
  Prohibits the Foundation, except as provided in this Act, from: (1) engaging in any business for pecuniary profit or gain; (2) operating any commercial establishment or enterprise within NPS units; or (3) engaging in any lobbying activities concerning NPS management. 
  Requires:  (1) all of the Foundation's income, net of reasonable operating expenses, contributions to local government, and reserves determined necessary or appropriate by its Board to be provided for the Service's benefit; and (2) all net income derived from the licenses and authorizations under this Act to be expended in accordance with Service's policies and priorities on programs, projects, or activities that benefit the NPS or the Service as identified by the Secretary of the Interior in consultation with the Foundation. 
  Sets forth congressional reporting requirements. 
  Subjects persons to a civil suit and remedies for unlawful use of the Foundation's name, trademark, symbol, slogan, or any facsimile or simulation thereof to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the NPS or the Service for commercial purposes. 
  Includes the Foundation as a private corporation established under Federal law for purposes of provisions concerning audits of federally chartered corporations.
feat_title: To amend the Act establishing the National Park Foundation.