[Senate Report 108-364]
[From the U.S. Government Publishing Office]
Calendar No. 723
108th Congress Report
SENATE
2d Session 108-364
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BENJAMIN FRANKLIN NATIONAL MEMORIAL FINANCIAL ASSISTANCE ACT
_______
September 28, 2004.--Ordered to be printed
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Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1852]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1852) to provide financial assistance for
the rehabilitation of the Benjamin Franklin National Memorial
in Philadelphia, Pennsylvania, and the development of an
exhibit to comemorate the 300th anniversary of the birth of
Benjamin Franklin, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. BENJAMIN FRANKLIN NATIONAL MEMORIAL.
The Secretary of the Interior may provide a grant to the Franklin
Institute to--
(1) rehabilitate the Benjamin Franklin National Memorial
(including the Franklin statue) in Philadelphia, Pennsylvania;
and
(2) develop an interpretive exhibit relating to Benjamin
Franklin, to be displayed at a museum adjacent to the Benjamin
Franklin National Memorial.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this Act $10,000,000.
(b) Required Match.--The Secretary of the Interior shall require the
Franklin Institute to match any amounts provided to the Franklin
Institute under this Act.
PURPOSE OF THE MEASURE
The purpose of S. 1852 is to authorize the Secretary of the
Interior to provide financial assistance for the rehabilitation
of the Benjamin Franklin National Memorial in Philadelphia,
Pennsylvania to the Franklin Institute and the development of
an exhibit to commemorate the 300th anniversary of the birth of
Benjamin Franklin.
BACKGROUND AND NEED
Dedicated in 1938, the Memorial Hall of the Franklin
Institute Science Museum serves as the nation's primary
location honoring Franklin's life, legacy and ideals. The
Benjamin Franklin National Memorial (Memorial) is an affiliated
area of the National Park System that is owned and administered
by the Franklin Institute. The Memorial includes a colossal
seated marble statue of Franklin carved by sculptor James Earle
Fraser, which stands in the rotunda of the Franklin Institute's
main building in Philadelphia. The statue and surrounding
Memorial Hall were designated as the Benjamin Franklin National
Memorial on October 25, 1972 (Public Law 92-551). Public Law
92-551 contained no provision for the appropriation of funds to
be used for acquisition, development, operation or maintenance
of the Memorial. The House committee report on Public Law 92-
551 anticipated that the Franklin Institute would continue to
operate and maintain the Memorial at no cost to the government.
The National Park Service entered into a Memorandum of
Agreement (MOA) with the Franklin Institute on November 6,
1973. The MOA outlines the major responsibilities of each party
regarding the operations of the Memorial. The Franklin
Institute agreed to preserve the memorial in perpetuity, to
make no substantial alterations or repairs without the
Secretary of the Interior's approval and to admit the public,
free of charge, to the Memorial. In turn, the Secretary agreed
to include the Memorial in publications, to make appropriate
references to it in the interpretive and information programs
of Independence National Historical Park, and to cooperate with
the Institute in all appropriate and mutually agreeable ways on
behalf of the Memorial.
In 2000, the Institute received approximately $300,000 from
the Department of the Interior in the form of a ``Save
America's Treasures'' grant. Since 1973, this is the only
funding provided to the Institute by the Department. The task
of preserving and maintaining the Memorial has proven to be a
costly endeavor for the Franklin Institute.
S. 1852 would authorize up to $10 million in Federal funds
to provide needed rehabilitation and to enhance the experience
at the Memorial by adding exhibition space for the proper
display of Franklin artifacts. The Institute hopes to renovate
the Memorial prior to the celebration of the 300th anniversary
of Franklin's birth in 2006.
LEGISLATIVE HISTORY
S. 1852 was introduced by Senators Specter and Santorum on
November 12, 2003. A related measure, H.R. 3753, was introduced
on February 3, 2004 by Representative Hoeffel. The Committee on
Energy and Natural Resources' Subcommittee on National Parks
held a hearing on S. 1852 on July 15, 2004. At the business
meeting on September 15, 2004, the Committee on Energy and
Natural Resources ordered S. 1852 favorably reported, as
amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on September 15, 2004, by a unanimous
voice vote of a quorum present, recommends that the Senate pass
S. 1852, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1852, the Committee adopted
an amendment in the nature of a substitute. The amendment
removes the section containing Congressional findings and
replaces language specifying exhibits containing artifacts and
multimedia collections with broader language requiring that an
interpretive exhibit be developed. Section 2 was amended to
include a requirement that all amounts provided by the
Secretary of the Interior to the Franklin Institute be matched
equally by the Institute. The amendment is described in detail
in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 authorizes the Secretary of the Interior to
provide a grant to the Franklin Institute to rehabilitate the
Benjamin Franklin Memorial and to develop an interpretive
exhibit relating to Benjamin Franklin.
Section 2(a) authorizes to be appropriated $10,000,000 to
carry out this Act.
Subsection (b) requires that all amounts provided under
this Act by the Secretary, be matched equally by the Franklin
Institute.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office.
S. 1852--A bill to provide financial assistance for the rehabilitation
of the Benjamin Franklin National Memorial in Philadelphia,
Pennsylvania, and the development of an exhibit to commemorate
the 300th anniversary of the birth of Benjamin Franklin
S. 1852 would authorize the appropriation of $10 million to
rehabilitate the Benjamin Franklin National Memorial in
Philadelphia, Pennsylvania, and to develop interpretive
exhibits at the adjacent museum. Assuming appropriation of this
amount, CBO estimates that the National Park Service would pay
the Franklin Institute grants totaling $10 million over the
next five years.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimae was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1852.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1852.
EXECUTIVE COMMUNICATIONS
On June 24, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1852. These
reports had not been received when this report was filed. The
testimony provided by the Department of the Interior at the
Subcommittee hearing on S. 1852 follows:
Statement of A. Durand Jones, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 1852, a bill to provide financial assistance
for the rehabilitation of the Benjamin Franklin National
Memorial in Philadelphia, Pennsylvania, and the development of
an exhibit to commemorate the 300th anniversary of the birth of
Benjamin Franklin. The Department does not support this bill.
This bill would authorize financial assistance in the form
of a grant to the Franklin Institute to rehabilitate the
Benjamin Franklin National Memorial, and to develop an exhibit
featuring artifacts and multimedia collections relating to
Benjamin Franklin, to be displayed at a museum adjacent to the
memorial. An amount not to exceed $10,000,000 would be
authorized to be appropriated in fiscal years 2004 through 2008
for these purposes.
For many years, regardless of Administrations, the
Department has opposed legislation authorizing appropriations
for non-National Park Service construction projects. Many of
these projects, like the rehabilitation of the Ben Franklin
National Memorial, represent an important contribution to the
preservation of our Nation's history. However, each time such
legislation is enacted and appropriations follow, it further
reduces a limited amount of discretionary funds available to
address the priority needs of our national parks and other
programs administered by the National Park Service. With the
emphasis we have placed on the President's initiative to reduce
the deferred maintenance backlog, it has become more important
than ever to avoid authorizing funding for non-National Park
Service projects that would likely draw funds from the National
Park Service's budget. We are committed to supporting
initiatives to commemorate the 300th anniversary of Benjamin
Franklin and the interpretation of his legacy, especially at
Franklin Court, a unit of Independence National Historical Park
in Philadelphia, but given the current demands on National Park
Service funds, we cannot support this legislation.
The Benjamin Franklin National Memorial is an affiliated
area of the National Park System that is owned and administered
by the Franklin Institute. The Memorial includes a colossal
seated marble statue of Franklin carved by sculptor James Earle
Fraser, which stands in the Rotunda of the Franklin Institute's
main building at 20th Street and the Benjamin Franklin Parkway
in Philadelphia. The statue and surrounding Memorial Hall was
designated as the Benjamin Franklin National Memorial on
October 25, 1972 (P.L. 92-551) and made no provision for
appropriated funds to be used for acquisition, development,
operation or maintenance of this Memorial. The House committee
report on P.L. 92-551 anticipated that the Franklin Institute
would continue to operate and maintain the Memorial at no cost
to the government.
A Memorandum of Agreement (MOA) entered into on November 6,
1973, falls under the administrative authority of Independence
National Historical Park. The MOA outlines the major
responsibilities of each party regarding the operations of the
national memorial. The Franklin Institute agreed to preserve
the memorial in perpetuity, that no substantial alterations or
repairs be taken without Secretarial approval, that the public
shall be admitted without charge to the memorial, and that
there will be equal employment opportunities. In turn, the
Secretary agreed to include the memorial in publications, to
make appropriate references to it in the interpretive and
information programs of Independence National Historical Park,
and to cooperate with the Institute in all appropriate and
mutually agreeable ways on behalf of the memorial.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks, and I will be happy to
answer any questions you or other committee members might have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1852 as ordered
reported.