[Congressional Record Volume 146, Number 62 (Thursday, May 18, 2000)]
[Senate]
[Pages S4203-S4204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Murkowski, Mr. Hatch, Mr. 
        Daschle, Mr. Abraham, Mr. Sarbanes, Mr. Moynihan, Mrs. Boxer, 
        Mr. Schumer, Mr. Lautenberg, Mr. Smith of Oregon, Mr. Kohl, Mr. 
        Levin, Mr. Wyden, Mr. Feingold, Mr. Robb, Mr. Wellstone, Mr. 
        Lieberman, and Mr. Inouye):
  S. 2598. A bill to authorize appropriations for the United States 
Holocaust Memorial Museum, and for other purposes; to the Committee on 
Energy and Natural Resources.


        united states holocaust memorial museum reauthorization

 Mr. BINGAMAN. Mr. President, today I am introducing 
legislation which reauthorizes appropriations for the United States 
Holocaust Memorial Museum. In addition to extending the authorization 
for the museum and the United States Holocaust Memorial Council, the 
bill makes several clarifying and conforming changes to the 1980 
enabling legislation to incorporate the recommendations of a recently 
completed review of the museum and the council by the National Academy 
of Public Administration.
  As described in the museum's mission statement, the United States 
Holocaust Memorial Museum is America's national institution for the 
documentation, study, and interpretation of Holocaust history, and 
serves as this country's memorial to the millions of people murdered 
during the Holocaust. The Museum's primary mission is to advance and 
disseminate knowledge about this unprecedented tragedy; to preserve the 
memory of those who suffered; and to encourage its visitors to reflect 
upon the moral and spiritual questions raised by the events of the 
Holocaust as well as their own responsibilities as citizens of a 
democracy.
  Since the museum was opened to the public in 1993, it has been one of 
the most heavily visited sites in our nation's capital, with more than 
2 million visitors last year. Previous bills authorizing appropriations 
for the museum have enjoyed broad bipartisan support, and I am pleased 
that this bill is no exception, with over 17 original cosponsors on 
both sides of the aisle.
  Mr. President, identical legislation has already been introduced in 
the other body. Given the broad support for the museum and the memorial 
council, it is my hope that the Senate will approve this legislation 
expeditiously. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2598

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AMENDMENT.

       Chapter 23 of title 36, United States Code, is amended to 
     read as follows:

         ``CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM

``Sec. 2301. Establishment of the United States Holocaust Memorial 
              Museum; functions.
``Sec. 2302. Functions of the Council; membership.
``Sec. 2303. Compensation; travel expenses; full-time officers or 
              employees of United States or Members of Congress.
``Sec. 2304. Administrative provisions.
``Sec. 2305. Staff.
``Sec. 2306. Memorial museum.
``Sec. 2307. Gifts, bequests, and devises of property; tax treatment.
``Sec. 2308. Annual report.
``Sec. 2309. Audit of financial transactions.
``Sec. 2310. Authorization of appropriations.

     ``SEC. 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST 
                   MEMORIAL MUSEUM; FUNCTIONS.

       ``The United States Holocaust Memorial Museum (hereinafter 
     in this chapter referred to as the `Museum') is an 
     independent establishment of the United States Government. 
     The Museum shall--
       ``(1) provide for appropriate ways for the Nation to 
     commemorate the Days of Remembrance, as an annual, national, 
     civic commemoration of the Holocaust, and encourage and 
     sponsor appropriate observances of such Days of Remembrance 
     throughout the United States;
       ``(2) operate and maintain a permanent living memorial 
     museum to the victims of the Holocaust, in cooperation with 
     the Secretary of the Interior and other Federal agencies as 
     provided in section 2306 of this title; and
       ``(3) carry out the recommendations of the President's 
     Commission on the Holocaust in its report to the President of 
     September 27, 1979, to the extent such recommendations are 
     not otherwise provided for in this chapter.

     ``SEC. 2302. FUNCTIONS OF THE COUNCIL; MEMBERSHIP.

       ``(a) In General.--The United States Holocaust Memorial 
     Council (hereinafter in this chapter referred to as the 
     `Council') shall be the board of trustees of the Museum and 
     shall have overall governance responsibility for the Museum, 
     including policy guidance and strategic direction, general 
     oversight of Museum operations, and fiduciary responsibility. 
     The Council shall establish an Executive Committee which 
     shall exercise ongoing governance responsibility when the 
     Council is not in session.
       ``(b) Composition of Council; Appointment; Vacancies.--The 
     Council shall consist of 65 voting members appointed (except 
     as otherwise provided in this section) by the President and 
     the following ex officio nonvoting members:
       ``(1) 1 appointed by the Secretary of the Interior.
       ``(2) 1 appointed by the Secretary of State.
       ``(3) 1 appointed by the Secretary of Education. Of the 65 
     voting members, 5 shall be appointed by the Speaker of the 
     United States House of Representatives from among Members of 
     the United States House of Representatives and 5 shall be 
     appointed by the President pro tempore of the United States 
     Senate upon the recommendation of the majority and minority 
     leaders from among Members of the United States Senate. Any 
     vacancy in the Council shall be filled in the same manner as 
     the original appointment was made.
       ``(c) Term of Office.--
       ``(1) Except as otherwise provided in this subsection, 
     Council members shall serve for 5-year terms.
       ``(2) The terms of the 5 Members of the United States House 
     of Representatives and the 5 Members of the United States 
     Senate appointed during any term of Congress shall expire at 
     the end of such term of Congress.
       ``(3) Any member appointed to fill a vacancy occurring 
     before the expiration of the term for which his predecessor 
     was appointed shall be appointed only for the remainder of 
     such term. A member, other than a Member of Congress 
     appointed by the Speaker of the United States House of 
     Representatives or the President pro tempore of the United 
     States Senate, may serve after the expiration of his term 
     until his successor has taken office.
       ``(d) Chairperson and Vice Chairperson; Term of Office.--
     The Chairperson and Vice Chairperson of the Council shall be 
     appointed by the President from among the members of the 
     Council and such Chairperson and Vice Chairperson shall each 
     serve for terms of 5 years.
       ``(e) Reappointment.--Members whose terms expire may be 
     reappointed, and the Chairperson and Vice Chairperson may be 
     appointed to those offices.
       ``(f) Bylaws.--The Council shall adopt bylaws to carry out 
     its functions under this chapter. The Chairperson may waive a 
     bylaw when the Chairperson decides that waiver is in the best 
     interest of the Council. Immediately after waiving a bylaw, 
     the Chairperson shall send written notice of the waiver to 
     every voting member of the Council. The waiver becomes final 
     30 days after the notice is sent unless a majority of Council 
     members disagree in writing before the end of the 30-day 
     period.
       ``(g) Quorum.--One-third of the members of the Council 
     shall constitute a quorum, and any vacancy in the Council 
     shall not affect its powers to function.
       ``(h) Associated Committees.--Subject to appointment by the 
     Chairperson, an individual who is not a member of the Council 
     may be designated as a member of a committee associated with 
     the Council. Such an

[[Page S4204]]

     individual shall serve without cost to the Federal 
     Government.

     ``SEC. 2303. COMPENSATION; TRAVEL EXPENSES; FULL-TIME 
                   OFFICERS OR EMPLOYEES OF UNITED STATES OR 
                   MEMBERS OF CONGRESS.

       ``(a) In General.--Except as provided in subsection (b) of 
     this section, members of the Council are each authorized to 
     be paid the daily equivalent of the annual rate of basic pay 
     in effect for positions at level IV of the Executive Schedule 
     under section 5315 of title 5, for each day (including travel 
     time) during which they are engaged in the actual performance 
     of duties of the Council. While away from their homes or 
     regular places of business in the performance of services for 
     the Council, members of the Council shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in Government 
     service are allowed expenses under suction 5703 of title 5.
       ``(b) Exception.--Members of the Council who are full-time 
     officers or employees of the United States or Members of 
     Congress shall receive no additional pay by reason of their 
     service on the Council.

     ``SEC. 2304. ADMINISTRATIVE PROVISIONS.

       ``(a) Experts and Consultants.--The Museum may obtain the 
     services of experts and consultants in accordance with the 
     provisions of section 3109 of title 5, at rates not to exceed 
     the daily equivalent of the annual rate of basic pay in 
     effect for positions at level IV of the Executive Schedule 
     under section 5315 of title 5.
       ``(b) Authority To Contract.--The Museum may, in accordance 
     with applicable law, enter into contracts and other 
     arrangements with public agencies and with private 
     organizations and persons and may make such payments as may 
     be necessary to carry out its functions under this chapter.
       ``(c) Assistance From Other Federal Departments and 
     Agencies.--The Secretary of the Smithsonian Institution, the 
     Library of Congress, and the heads of all executive branch 
     departments, agencies, and establishments of the United 
     States may assist the Museum in the performance of its 
     functions under this chapter.
       ``(d) Administrative Services and Support.--The Secretary 
     of the Interior may provide administrative services and 
     support to the Museum on a reimbursable basis.

     ``SEC. 2305. STAFF.

       ``(a) Establishment of the Museum Director as Chief 
     Executive Officer.--There shall be a director of the Museum 
     (hereinafter in this chapter referred to as the `Director') 
     who shall serve as chief executive officer of the Museum and 
     exercise day-to-day authority for the Museum. The Director 
     shall be appointed by the Chairperson of the Council, subject 
     to confirmation of the Council. The Director may be paid with 
     nonappropriated funds, and, if paid with appropriated funds 
     shall be paid the rate of basic pay for positions at level IV 
     of the Executive Schedule under section 5315 of title 5. The 
     Director shall report to the Council and its Executive 
     Committee through the Chairperson. The Director shall serve 
     at the pleasure of the Council.
       ``(b) Appointment of Employees.--The Director shall have 
     authority to--
       ``(1) appoint employees in the competitive service subject 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of title 5, relating to classification and general 
     schedule pay rates;
       ``(2) appoint and fix the compensation (at a rate not to 
     exceed the rate of basic pay in effect for positions at level 
     IV of the Executive Schedule under section 5315 of title 5) 
     of us to 3 employees not-withstanding any other provision of 
     law; and
       ``(3) implement the decisions and strategic plan for the 
     Museum, as approved by the Council, and perform such other 
     functions as may be assigned from time to time by the 
     Council, the Executive Committee of the Council, or the 
     Chairperson of the Council, consistent with this legislation.

     ``SEC. 2306. MEMORIAL MUSEUM.

       ``(a) Architectural Design Approval.--The architectural 
     design for the memorial museum shall be subject to the 
     approval of the Secretary of the Interior, in consultation 
     with the Commission of Fine Arts and the National Capital 
     Planning Commission.
       ``(b) Insurance.--The Museum shall maintain insurance on 
     the memorial museum to cover such risks, in such amount, and 
     containing such terms and conditions as the Museum deems 
     necessary.

     ``SEC. 2307. GIFTS, BEQUESTS, AND DEVISES OF PROPERTY: TAX 
                   TREATMENT.

       ``The Museum may solicit, and the Museum may accept, hold, 
     administer, invest, and use gifts, bequests, and devises of 
     property, both real and personal, and all revenues received 
     or generated by the Museum to aid or facilitate the operation 
     and maintenance of the memorial museum. Property may be 
     accepted pursuant to this section, and the property and the 
     proceeds thereof used as nearly as possible in accordance 
     with the terms of the gift, bequest, or devise donating such 
     property. Funds donated to and accepted by the Museum 
     pursuant to this section or otherwise received or 
     generated by the Museum are not to be regarded as 
     appropriated funds and are not subject to any requirements 
     or restrictions applicable to appropriated funds. For the 
     purposes of Federal income, estate, and gift taxes, 
     property accepted under this section shall be considered 
     as a gift, bequest, or devise to the United States.

     ``SEC. 2308. ANNUAL REPORT.

       ``The Director shall transmit to Congress an annual report 
     on the Director's stewardship of the authority to operate and 
     maintain the memorial museum. Such report shall include the 
     following:
       ``(1) An accounting of all financial transactions involving 
     donated funds.
       ``(2) A description of the extent to which the objectives 
     of this chapter are being met.
       ``(3) An examination of future major endeavors, 
     initiatives, programs, or activities that the Museum proposes 
     to undertake to better fulfill the objectives of this 
     chapter.
       ``(4) An examination of the Federal role in the funding of 
     the Museum and its activities, and any changes that may be 
     warranted.

     ``SEC. 2309. AUDIT OF FINANCIAL TRANSACTIONS.

       ``Financial transactions of the Museum, including those 
     involving donated funds, shall be audited by the Comptroller 
     General as requested by Congress, in accordance with 
     generally accepted auditing standards. In conducting any 
     audit pursuant to this section, appropriate representatives 
     of the Comptroller General shall have access to all books, 
     accounts, financial records, reports, files and other papers, 
     items or property in use by the Museum, as necessary to 
     facilitate such audit, and such representatives shall be 
     afforded full facilities for verifying transactions with the 
     balances.

     ``SEC. 2310. AUTHORIZATION OF APPROPRIATIONS.

       ``To carry out the purposes of this chapter, there are 
     authorized to be appropriated such sums as may be necessary. 
     Notwithstanding any other provision of law, none of the funds 
     authorized to carry out this chapter may be made available 
     for construction. Authority to enter into contracts and to 
     make payments under this chapter, using funds authorized to 
     be appropriated under this chapter, shall be effective only 
     to the extent, and in such amounts, as provided in advance in 
     appropriations Acts.''.

 Mr. MURKOWSKI. Mr. President, I rise today to introduce a bill 
with my good friend, Senator Bingaman that will reauthorize the United 
States Holocaust Memorial Museum.
  The United States Holocaust Memorial Museum is America's national 
institution for the documentation, study, and interpretation of the 
history of the Holocaust and serves as this country's memorial to the 
millions of people murdered during the Holocaust.
  The Museum's primary mission is to advance and disseminate knowledge 
about the unprecedented tragedy; to preserve the memory of those who 
suffered; and to encourage its visitors to reflect upon the moral 
questions raised by the events of the Holocaust as well as their own 
responsibilities as citizens of a democracy.
  The work of the Museum is not limited to the building which overlooks 
the tidal basin here in Washington, D.C. I and my constituents in 
Alaska have benefitted from the work of the Museum. Through a system of 
very well designed traveling exhibits the Museum has been able to bring 
the story of the Holocaust, and its related history to millions of 
Americans nationwide. I know my constituents in Anchorage and Fairbanks 
will never forget their opportunity to view the traveling programs.
  The legislation makes some changes in the management authorities for 
the Museum and streamlines the procedures to appoint the Museum's 
Director. The legislation also provides the United States Holocaust 
Memorial Museum with the same permanent authorization as we have 
previously provided for the Smithsonian Institution.
  Mr. President, I urge my colleagues to support this bipartisan 
legislation.
                                 ______