[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.