[Senate Report 109-147]
[From the U.S. Government Publishing Office]
Calendar No. 239
109th Congress Report
SENATE
1st Session 109-147
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BENJAMIN FRANKLIN NATIONAL MEMORIAL COMMEMORATION ACT OF 2005
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October 19, 2005.--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. 652]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 652) 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, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE OF THE MEASURE
The purpose of S. 652 is to authorize the Secretary of the
Interior to provide financial assistance to the Franklin
Institute 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.
BACKGROUND AND NEED
The Franklin Institute is a non-profit corporation
established in memory of Benjamin Franklin in Philadelphia,
Pennsylvania in 1824. The Institute operates a Science Museum,
whose mission is to stimulate interest in and promote public
understanding of science.
The Memorial Hall of the Franklin Institute Science Museum
serves as the Nation's primary location honoring Benjamin
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
Science Museum. 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 (H. Rprt. 92-1592)
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 operation 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 its maintenance and promotion 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. 652 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. 652 was introduced by Senators Specter and Santorum on
March 17, 2005. The Subcommittee on National Parks held a
hearing on the bill on July 28, 2005. Similar legislation, S.
1852, was introduced by Senators Specter and Santorum in the
108th Congress. At its business meeting on September 28, 2005,
the Committee on Energy and Natural Resources ordered S. 652
favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on September 28, 2005, by a voice vote of a
quorum present, recommends that the Senate pass S. 652 as
described herein. A nay vote was registered by Senator Thomas.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles the Act, ``The Benjamin Franklin
National Memorial Commemoration Act of 2005.''
Section 2 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 3 (a) authorizes the appropriation of up to
$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 costs of this measure has been
provided by the Congressional Budget Office:
S. 652--Benjamin Franklin National Memorial Commemoration Act of 2005
S. 652 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. Enacting the legislation would not affect
direct spending or revenues.
S. 652 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 estimate 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. 652. 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. 652, as ordered reported.
EXECUTIVE COMMUNICATIONS
The views of the Administration on S. 652 were included in
testimony received by the Committee at a hearing on the bill on
July 28, 2005 as follows:
Statement of Stephen P. Martin, 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. 652, 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
interpretive exhibit 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
for these purposes, with the Franklin Institute required to
provide matching funds.
For many years, 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. 652, as ordered
reported.