[Senate Report 108-364]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 723
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-364
======================================================================


 
      BENJAMIN FRANKLIN NATIONAL MEMORIAL FINANCIAL ASSISTANCE ACT

                                _______
                                

               September 28, 2004.--Ordered to be printed

                                _______
                                

   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.

                                  
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