[Senate Report 105-396]
[From the U.S. Government Publishing Office]
Calendar No. 634
105th Congress Report
SENATE
2d Session 105-396
_______________________________________________________________________
WOMEN'S PROGRESS COMMEMORATION ACT
_______
October 9 (legislative day, October 2), 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2285]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2285) to establish a commission, in honor
of the 150th Anniversary of the Seneca Falls Convention, to
further protect sites of importance in the historic efforts to
secure equal rights for women, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
purpose of the measure
The purpose of S. 2285 is to establish the Women's Progress
Commemoration Commission, to honor the 150th anniversary of the
Seneca Falls Convention held in New York in July 1848, and to
help ensure the historic preservation of sites that have been
instrumental in American women's history.
background and need
One hundred and fifty years ago a remarkable group of women
and men came together and wrote one of the most important
documents of the American women's movement, the Seneca Falls
Declaration of Sentiments and Resolutions. Modeled closely
after the Declaration of Independence, this document is a
declaration of women's independence. Radical at the time, it
expounded such ideas as allowing women to vote, obtain higher
education, and to participate in economic activities. This year
marks the occasion of the 150th anniversary of the Seneca Falls
Convention.
S. 2285 would establish the Women's Progress Commemoration
Commission to prepare and submit a report to the Secretary of
the Interior identifying sites of historical significance to
the women's movement. The report would also recommend actions
to rehabilitate and preserve the sites, and provide
interpretive and educational materials and activities for
visitors at the sites.
The Commission will consist of fifteen members, 3 each
appointed by the President, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate.
legislative history
S. 2285 was introduced July 10, 1998 by Senators Dodd,
Stevens, Kennedy, Moynihan, D'Amato, Torricelli, Lieberman,
Daschle, Collins, Landrieu, Reid, DeWine, Moseley-Braun,
Mikulski, Boxer, Snowe, Murray, Feinstein, Lautenberg and
referred to the Committee on Energy and Natural Resources.
Since the bill's introduction Senator Hutchison has been added
as a cosponsor. The Subcommittee on National Parks, Historic
Preservation, and Recreation held a hearing on S. 2285 on
September 17, 1998.
At its business meeting on September 24, 1998, the
Committee on Energy and Natural Resources ordered S. 2285,
favorably reported.
committee recommendation
The Committee on Energy and Natural Resources, in open
business session on September 24, 1998, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2285, as described herein.
section-by-section analysis
Section 1 designates the bill's short title as the
``Women's Progress Commemoration Act.''
Section 2 lists the findings of the bill. The findings
include: (1) the original Seneca Falls Convention, held in
upstate New York in July 1848, convened to consider the social
conditions and civil rights of women at that time; (2) the
convention marked the beginning of an admirable and courageous
struggle for equal rights for women; (3) the 150th Anniversary
of the convention provides an excellent opportunity to examine
the history of the women's movement; and (4) a Federal
Commission should be established for the important task of
ensuring the historic preservation of sites that have been
instrumental in American women's history, creating a living
legacy for generations to come.
Section 3 (a) establishes a commission to be known as the
Women's Progress Commemoration Commission (Commission). The
Commission would be composed of 15 members: 3 appointed by the
President, 3 appointed by the Speaker of the House of
Representatives, 3 appointed by the Minority Leader of the
House of Representatives, 3 appointed by the Majority Leader of
the Senate, and 3 appointed by the Minority Leader of the
Senate.
Subsection (b) states that members of the Commission will
be individuals who have knowledge or expertise, in matters to
be studied by the Commission. Members may be from the public or
private sector, and may include Federal, State, or local
employees, members of academia, nonprofit organizations, or
other interested individuals. This section also provides that
members appointed will come from diverse economic,
professional, and cultural backgrounds.
Subsection (c) states that vacancies are to be filled in
the same manner as the original appointment no later than 30
days after the vacancy occurs.
Finally, this section states that the initial meeting of
the Commission will occur no later than 30 days after all
members of the Commission have been appointed and subsequent
meetings will meet at the call of the Chairperson. A majority
of the members of the Commission shall constitute a quorum for
the transaction of business, but a lesser number of members may
hold hearings.
Section 4 states that no later than one year after the
initial meeting of the Commission, the Commission shall submit
to the Secretary of the Interior a report that identifies sites
of historical significance to the women's movement, and
recommend actions under the National Historic Preservation Act
and other laws to rehabilitate and preserve the identified
sites.
Section 5 authorizes the Commission to hold hearings,
receive testimony and evidence, that the Commission considers
necessary to carry out its duties. Under this section, the
Commission may request from any Federal department or agency
information the Commission considers necessary to carry out the
provisions of this Act.
Section 6 states that members of the Commission who are not
employees of the Federal Government, shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic
pay prescribed for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day during which the member is engaged in the performance
of the duties of the Commission. Members who are employees of
the Federal Government will serve without compensation, in
addition to that received for services as an employee of the
Federal Government. All members will receive travel expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from the home or
regular place of business while in the performance of the
duties of the Commission.
Subsection (c) authorizes the Chairperson of the Commission
to appoint an executive director and any other personnel as may
be necessary to carry out the duties of the Commission. The
employment and termination of an executive director shall be
subject to confirmation by a majority of the Commission.
Subsection (c)(2) states that the executive director would
be compensated at a rate not to exceed the rate payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code. The Chairperson may fix
the compensation of other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, except the rate of pay for such
personnel may not exceed the rate payable for a position at
level V of the Executive Schedule under section 5316 of that
title.
This section also allows for any Federal employee to be
detailed to the Commission without interruption or loss of
civil service status, benefits, or privilege.
Section 7 authorizes the necessary funding to carry out
this Act and allows the Commission to accept donations from
non-Federal sources to defray the costs of the operations of
the Commission.
Section 8 provides for termination of the Commission 30
days after the Commission submits their report to the Secretary
of the Interior.
Section 9 states that no later than 2 years and not later
than 5 years after the date on which the Commission submits
their report to the Secretary of the Interior, the Secretary of
the Interior shall submit to Congress a report describing the
actions that have been taken to preserve the sites identified
in the Commission report.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 30, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2285, the Women's
Progress Commemoration Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
June E. O'Neill, Director.
Enclosure.
congressional budget office cost estimate
S. 2285--Women's Progress Commemoration Act
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 2285 would cost the Federal
Government between $3 million and $6 million, mostly over the
next two years. The bill could affect direct spending and
receipts; therefore, pay-as-you-go procedures would apply. CBO
estimates, however, that any new receipts (from donations)
would be offset by direct spending of such amounts soon after
collection. S. 2285 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would have no significant impact on the budgets of State,
local or tribal governments.
S. 2285 would establish the Women's Progress Commemoration
Commission. The bill would require that, within one year after
its first meeting, the commission submit to the Department of
the Interior (DOI) a report that identifies sites of historical
significance to the women's movement. In addition, the report
would include recommendations to rehabilitate and preserve
these sites and provide interpretive and educational materials
and activities thereon. Within two years after the commission
submits its report (and again three years later), DOI would
submit to Congress progress reports on actions taken to
preserve the sites identified by the commission.
The 15 members of the commission would be appointed by the
President and the Congress. Commission members who are Federal
employees would serve without additional compensation, while
those who are not would be paid at a specified rate for each
day that they are engaged in commission business. Commission
members would also receive travel expenses. The commission
would terminate one month after its submits its report to the
department. S. 2285 would authorize the appropriation of
whatever amounts are necessary for the commission's activities.
In addition, the commission may accept and spend donations to
help offset operating costs.
Based on the funding experience of other, similar
commissions and assuming appropriation of the necessary
amounts. CBO estimates that the Federal Government would spend
between $3 million and $6 million to compensate commission
members and personnel and to fund such activities such as
holding hearings and preparing reports. Most of these funds
would be spent during fiscal years 1999 and 2000, while a small
portion would be used by DOI to prepare and submit reports to
the Congress in later years. It is possible that donations
could offset some of the commission's expenses, reducing the
need for Federal appropriations.
The CBO staff contact is Deborah Reis. This estimate was
approved by Paul N. Van de Water, 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. 2285. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
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
enactment of S. 2285, as ordered reported.
executive communications
On September 3, 1998, 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. 2285. These
reports had not been received at the time the report on S. 2285
was filed. When these reports become available, the Chairman
will request that they be printed in the Congressional Record
for the advice of the Senate. The testimony of the Department
of the Interior at the Subcommittee hearing follows:
Statement of Destry Jarvis, Assistant Director for External Affairs,
National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 2285, a bill to
establish a commission, in honor of the 150th Anniversary of
the Seneca Falls Convention, to further protect sites of
importance in the historic efforts to secure equal rights for
women. The bill would establish a national commission which
would prepare and submit a report to the Secretary of the
Interior that identifies sites of historical significance to
the women's movement and recommends actions for the
rehabilitation, preservation and interpretation of those sites.
Although we appreciate the intent of the bill to honor the
150th Anniversary of the Seneca Falls Convention, we have
concerns with the legislation. The bill would duplicate many
recent and ongoing efforts, including the 1992 National Park
Service Women's History Theme Study and the existing
President's Commission on the Celebration of Women in American
History. One of the best ways to honor the 150th Anniversary
would be to proceed with restoring some of the sites identified
in the 1992 study, through funds requested in the FY 1999
budget for the Millenium Initiative or other sources. We also
have concerns about the commission's structure, compensation
for members, and waivers of civil service laws, all of which
are unusual for advisory commissions. The Department of Justice
and other agencies are reviewing this bill and may have
concerns.
Over the last 25 years extensive scholarship on women in
American history has been undertaken. It is for all intents and
purposes a new area of study in American history. As more is
learned about the role of women and their contributions to
American history, a greater and more comprehensive
understanding of our nation's history is developing. This new
information has allowed historians to reexamine the essential
role that women have played in the creation and development of
this country.
The National Park Service as well as a number of other
groups and organizations, including the National Trust for
Historic Preservation and the National Coordinating Committee
for the Promotion of History, have been involved for a number
of years in studying women's history and sites throughout
America associated with women. The Congress directed the
National Park Service to conduct a Women's History Theme Study
in the late 1980's. The study was completed in 1992 with the
publication of ``Reclaiming the Past, Landmarks of Women's
History''. That study and other work have identified sites of
significance throughout the nation that should be protected.
The National Park Service has designated a number of sites
identified in the study as National Historic Landmarks.
With the 150th Anniversary of the Seneca Falls Convention
being celebrated this year a great deal of attention is being
paid to women's history in America. The White House announced
the ``President's Commission on the Celebration of Women in
American History'' on July 1, 1998.
The governor of New York has established the ``New York
State Commission Honoring The Achievements of Women'' to
celebrate and pay tribute to the women's rights movement. The
Commission established by S. 2285 would be of national standing
that would focus on the sites associated with the historic
efforts to secure equal rights for women and make
recommendations on how they should be preserved and
interpreted.
Much has been done to identify sites and events nationwide
which relate to the women's movement and women's role in
American History. The research and scholarship is far from
complete and is evolving daily. However, any new commission,
organization or group charged with addressing the issue of
women in America and their struggle for equal rights has a
great deal of scholarship and information on which to rely and
build upon. The value of any new effort will be in the
advancement of the issues. We hope that such a commission and
report as proposed in S. 2285 would build on existing research
and scholarship and take advantage of the extensive information
that currently exists.
As the primary agency responsible for implementation of the
National Historic Preservation Act, the National Park Service
would likely play a role in assisting the Commission in its
work. Although the National Park Service believes that our
involvement is important and appropriate, our ability to assist
the Commission would be contingent upon availability of funding
for NPS priorities.
This completes my statement.
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 S. 2285, as ordered
reported.