[Senate Report 106-436]
[From the U.S. Government Publishing Office]
Calendar No. 858
106th Congress Report
SENATE
2d Session 106-436
======================================================================
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
_______
September 28 (legislative day, September 22), 2000.--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 H.R. 4115]
The Committee on Energy and Natural Resources, to which was
referred the act (H.R. 4115) to authorize appropriations for
the United States Holocaust Memorial Museum, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the act do pass.
Purpose of the Measure
The purpose of H.R. 4115 is to authorize appropriations for
the United States Holocaust Memorial Museum.
Background and Need
The U.S. Holocaust Memorial Council was created by Public
Law 96-388 to plan, construct, and oversee the operation of a
permanent living memorial museum to the victims of the
Holocaust; to provide for appropriate ways for the Nation to
commemorate the Days of Remembrance as an annual national civic
commemoration of the Holocaust, and; to develop a plan for
carrying out the 1979 recommendations of the President's
Commission on the Holocaust.
The U.S. Holocaust Memorial Museum was completed in 1993
and is located near the National Mall in Washington, D.C. The
Museum strives to broaden public understanding of the history
of the Holocaust through multifaceted programs including:
exhibitions; research and publication; collecting and
preserving material evidence, art, and artifacts relating to
the Holocaust; annual Holocaust commemorations known as the
Days of Remembrance; distribution of educational materials; and
a variety of public programming on the Holocaust and related
issues.
Public Law 96-388 authorized appropriations for the U.S.
Holocaust Memorial Council through fiscal year 1983. Funding in
subsequent years was provided through appropriation acts, and
Public Law 102-529 extended the authorization through fiscal
year 2000. A significant portion of the funding for the Museum
comes from private donations.
H.R. 4115 provides permanent authorization language for the
United States Holocaust Memorial Council and for the Museum.
Legislative History
H.R. 4115 passed the House of Representatives on September
7, 2000. A similar bill, S. 2598, was introduced by Senators
Bingaman, Murkowski, and others on May 18, 2000. The
Subcommittee on National Parks, Historic Preservation and
Recreation held a hearing on S. 2598 on July 13, 2000. At the
business meeting on September 20, 2000, the Committee on Energy
and Natural Resources ordered H.R. 4115 favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous vote of
a quorum present, recommends that the Senate pass H.R. 4115.
Section-by-Section Analysis
Section 1 amends chapter 23 of title 36, United States
Code. The amendment changes the title of the chapter form
``United States Holocaust Memorial Council'' to ``United States
Holocaust Memorial Museum.''
Section 2301 establishes that the United States Holocaust
Memorial Museum (Museum) is an independent establishment of the
United States Government, and describes the purposes of the
Museum.
Section 2302(a) states that the United States Holocaust
Memorial Council is the board of trustees of the Museum and has
overall governance responsibility for the Museum. The Council
must establish an Executive Committee to manage the Museum when
the Council is not in session.
Subsection 2302(b) describes the composition of the
Council.
Subsection 2302(c) describes the terms of office for the
members of the Council.
Subsection 2302(d) states that the Chairperson and Vice
Chairperson will be appointed by the President from among the
members of the Council and will serve five year terms.
Subsection 2302(e) allows members who's terms have expired
to be reappointed, and allows the Chairperson and Vice
Chairperson to be reappointed to those offices.
Subsection 2302(f) requires the Council to establish bylaws
to carry out its functions, and authorizes the Chairperson to
waive a bylaw when it is in the best interest of the Council.
The Chairperson must notify the other members of the Council of
the waiver, which becomes final 30 days after the notice is
sent, unless a majority of the members disagree.
Subsection 2302(g) states that one-third of the members of
the Council will constitute a quorum.
Subsection 2302(h) allows the Chairperson to appoint
persons who are not Council members to committees associated
with the Council.
Section 2303 authorizes members of the Council to be paid
the daily equivalent of the annual rate of basic pay for level
IV of the Executive Schedule for each day they are engaged in
the performance of duties for Council. Members of the Council
are also authorized to be compensated for travel expenses.
Section 2304 authorizes the Museum to obtain the services
of experts and consultants, enter into contracts and other
arrangements, and obtain assistance from the Smithsonian
Institution, the Library of Congress, and all executive branch
agencies and establishments. The Secretary of the Interior may
provide administrative services and support on a reimbursable
basis.
Section 2305(a) requires the Chairperson of the Council to
appoint, subject to confirmation by the Council, a Director of
the Museum to serve as its chief executive officer. The
Director may be paid with appropriated funds or non-
appropriated funds. If paid with appropriated finds the rate of
pay will be the same as for level IV of the Executive Schedule.
Subsection (b) authorized the Director to appoint employees
in the competitive service, and to appoint up to three
employees who may be compensated at level IV of the Executive
Schedule.
Section 2306 requires the Museum to maintain insurance in
such amounts as it deems necessary.
Section 2307 authorizes the Museum to solicit and accept
gifts, bequests, and devises of property to aid in the
operation and maintenance of the Museum.
Section 2308 requires the Director to submit to Congress an
annual report on the Museum.
Section 2309 provides for audits of the Museum's financial
transactions by the Comptroller General as requested by
Congress.
Section 2310 authorizes the appropriation of such sums as
are necessary to carry out the purposes of the legislation.
Notwithstanding any other provisions of law, none of the funds
are to be used for construction.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 22, 2000.
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 H.R. 4115, an act to
authorize appropriations for the United States Holocaust
Memorial Museum, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4115--An act to authorize appropriations for the United States
Holocaust Memorial Museum, and for other purposes
Summary: H.R. 4115 would move day-to-day responsibility for
maintaining and operating the United States Holocaust Memorial
Museum from the Holocaust Memorial Council to the museum, with
the council serving as the museum's board of trustees. In
addition, the legislation would authorize the appropriation of
such sums as are necessary each year to the museum. The museum
received an appropriation of $33.3 million in 2000. CBO
estimates that implementing H.R. 4115 would cost $168 million
over the 2001-2005 period, assuming appropriation of the
necessary amounts.
Because the legislation would allow the museum to spend
certain receipts, pay-as-you-go procedures would apply. Based
on information from the museum, CBO estimates the annual
increase in direct spending from enacting H.R. 4115 would be
negligible. H.R. 4115 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA) and would not affect the budgets of state, local, or
tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4115 is shown in the following table.
This estimate assumes that the necessary amounts will be
appropriated and that spending will occur at historical rates.
The costs of this legislation fall within budget function 800
(general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION \1\
Museum spending under current law:
Budget authority \2\........................................ 33 0 0 0 0 0
Estimated outlays........................................... 33 10 2 0 0 0
Proposed changes:
Estimated authorization level \3\........................... 0 34 35 36 37 38
Estimated outlays........................................... 0 24 33 36 37 38
Museum Spending Under H.R. 4115:
Estimated authorization level............................... 33 34 35 36 37 38
Estimated outlays........................................... 33 34 35 36 37 38
----------------------------------------------------------------------------------------------------------------
\1\ By allowing the museum to retain and spend certain receipts, the legislation also would affect direct
spending. CBO estimates that the increase in such spending would be negligible each year.
\2\ The 2000 level is the amount appropriated for that year.
\3\ The tables shows CBO projections of spending for the museum with annual adjustments for anticipated
inflation. CBO estimates that spending for the museum would cost about $153 million over the 2001-2005 period
without such adjustments, reflecting an authorization of $33 million each year.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act specifies pay-as-you-go
procedures for legislation affecting direct spending and
receipts. These procedures would apply to H.R. 4115 because it
would allow the museum to retain and spend certain receipts,
such as the fee it charges for photocopying noncopyrighted
materials. However, based on information from the museum, CBO
estimates that the annual increase in such spending would be
negligible.
Intergovernmental and private-sector impact: H.R. 4115
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: John R. Righter.
Estimate 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 H.R. 4115. 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 H.R. 4115, as ordered reported.
Executive Communications
On July 17, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the United States
Holocaust Memorial Museum and the Office of Management and
Budget setting forth Executive agency recommendations on S.
2598, a bill similar to H.R. 4115. These reports had not been
received at the time the report on H.R. 4115 was filed. When
the reports become available, the Chairman will request that
they be printed in the Congressional Record for the advice of
the Senate. The testimony provided by the United States
Holocaust Memorial Museum at the Subcommittee hearing follows:
Statement by Sara J. Bloomfield, Director of the United States
Holocaust Memorial Museum
Mr. Chairman, Members of the Subcommittee, it is an honor
to report to you today on the accomplishments of the United
States Holocaust Memorial Museum and to ask for your support as
we continue our critical mission into the 21st century. I would
like to thank the Chairman for calling this hearing, and the
Chairman and ranking member of the full Committee for
sponsoring S. 2598. Your efforts on the Museum's behalf have
been invaluable.
The United States Holocaust Memorial Museum has just marked
its seventh anniversary, but in these few short years the
exceptional resonance of the Museum has enabled it to play a
much larger role in American life than its founders could have
imagined. In addition to approximately two million visitors
each year, the Museum has hosted over 2,000 foreign officials
from 130 countries as well as 62 heads of state. But its most
important visitors remain the hundreds of thousands of school
children from all across the nation who come each year with
their parents, teachers, and community organizations.
Even though the Museum opened to extraordinary popularity
and overwhelming public demand, with each year the
institution's potential is more fully realized as its service
to the nation is continually expanded in increasingly more
meaningful ways. In its relatively brief existence, the Museum
has made substantial progress towards realizing its guiding
principle that remembering and understanding the Holocaust can
make valuable contributions to our pluralistic democracy. And,
by extending our educational impact beyond Washington to reach
the millions of Americans who may never visit their national
capital, the Museum has begun to fulfill its truly nationwide
mission as envisioned in its original Congressional mandate.
The Museum's public-private partnership, first articulated
in the enabling legislation, is central to the institution's
success. Built with private funds on federal land, the Museum
operates with a combination of federal appropriations and
substantial private support. It is through the effectiveness of
this partnership that the Museum has been able to respond to
the enormous demand for its programs, and services. To date,
the Museum has welcomed over 14 million visitors and annually
serves several hundred thousand through traveling exhibitions
and over two million ``visitors'' to its website.
This popularity and success, while heartening, must not be
cause for complacency. We know from research that there is much
work to be done. A major national study commissioned by the
Museum indicates that 80% of Americans believe the Holocaust is
extremely or very important in learning the lessons of history.
Two out of three Americans say they want to learn more about
the Holocaust, and the percentage is even higher for
minorities. 69% of Americans state that they want to visit the
Museum. This data corresponds to the Museum's experience that
every pilot project tends to generate more demand that can be
accommodated.
The institution's service and success, now and in the
future, extend well beyond Washington. The Museum is at the
center of a national program of remembrance and education. In
addition to the national, annual Days of Remembrance
commemoration held in the Capitol Rotunda, every year all 50
states, hundreds of communities and civic and religious
organizations sponsor their own ceremonies for the victims of
the Holocaust. The Museum's fellowship opportunities, teacher
training, curricular resources, publications, website, regional
programming, and other outreach activities reduce the barriers
imposed by geographical distance and bring the latest findings
in scholarship and pedagogy to all localities. And, its new
traveling exhibitions program--made possible through private
funding--has already taken exhibitions to 26 cities in 15
states. These traveling shows include exhibitions on the 1936
Berlin Olympics; the story of Varian Fry, an American who
rescued thousands trapped in Vichy France; and the children of
the Holocaust.
Exhibitions and related programs are the most visible means
by which the general public has access to the Museum. Three
traveling exhibitions visited 10 states in 1999, while three
other special exhibitions were on view at the Museum, both
accompanied by related educational activities. The Museum's
long-range exhibition plan is designed to ensure that its
programming is thoughtful, balanced, and can best serve the
needs of the diverse American public. It also allows the Museum
to take maximum advantage of its expertise, resources and
opportunities.
The collections are the foundation for all of the Museum's
activities. They serve as the basis for exhibitions,
educational programming, and scholarly research. The Museum now
houses the world's most comprehensive collection of Holocaust
documentation and is used as a resource by scholars from all
over the world. The holdings include 12 million pages of
archival documents, 65,000 photographic images, 420 hours of
historical film footage, 35,000 artifacts, and more than 6,200
oral histories. The Museum's library has over 30,000 volumes in
18 languages. Reference services for the library, achives and
photo archives exceed 17,000 requests annually.
Additions to the Museum's collections are prioritized
according to gaps in the holdings, exhibition plans, and the
current window of opportunity while the eyewitnesses are still
alive and political situations in various countries afford
access to important collections. Because of the international
nature of this event, documentation of the Holocaust is
scattered throughout the world and is often in poor condition.
The Museum's attempt to acquire this material now is important
not only to amass this documentation in one central location
but also to insure its long-term preservation and
accessibility.
National educational outreach, including teacher training
and programs for secondary schools, are core activities of the
Museum. The Museum provides resource materials, technical
assistance, and formal training to 25,000 educators annually.
For example, the Arthur and Rochelle Belfer National Conference
annually brings together 400 teachers with little or no
experience teaching the Holocaust. At the other end of the
spectrum, the Mandel Fellowship Program is designed for very
experienced educators. Its purpose is to provide advanced
training to a group of highly skilled teachers who can serve as
leaders of Holocaust education in their own communities. In
this way, the Museum can leverage its impact and maximize the
value of its resources.
The Museum's educational efforts are not limited to
teachers and students in traditional classroom settings.
Recently, the Museum embarked on a series of programs for
various professionals. Special programs at the Museum include
those for various police departments in the Washington
metropolitan area, the U.S. Naval Academy, the U.S. Military
Academy, the Federal Bureau of Investigation, and the Foreign
Service. The leaders of these organizations recognize that an
understanding of Holocaust history provides an invaluable
perspective on many issues and situations central to their
work. Interest in these programs is growing, and the Museum is
working hard to meet the demand.
Through programs such as ``Bringing the Lessons Home'' the
Museum reaches out to underserved audiences. In 1994, the
Museum launched ``Bringing the Lessons Home,'' originally
funded with a five-year grant from the Fannie Mae Foundation,
to work on an in-depth basis with teachers and students in
Washington area public schools. Five years later, the program
has dramatically exceeded its own goals and expectations. Well
over 13,000 students and 700 teachers have participated to
date. Nearly 200 students pursued further study through an
optional 11-week after-school course at the Museum that
culminates in the students conducting guided tours of the
Permanent Exhibition that culminates in the students conducting
guided tours of the Permanent Exhibition for family members,
friends, and community leaders. Many participants have
continued and expanded their relationship with the Museum,
becoming Museum interns and leading other students and peers
through the exhibitions.
The Museum also has a strong commitment to families,
recognizing the challenges and sensitivity of introducing this
subject to younger audiences. A special exhibition, Remember
the Children: Daniel's Story, is a environmental, hands-on,
interactive presentation geared specifically to children ages 8
and up. Created with the assistance of child specialists and
tested for several years before the Museum opened, a permanent
version of this exhibition is on view on the Museum's first
floor. Special programming, teacher training, and resource
materials were developed to enhance the exhibit's educational
potential. As a result of its popularity not only with younger
visitors but adults as well, a traveling version has been
touring the country for the past few years.
Students are active users on the Museum's website, which
includes special exhibits and curricular resources designed for
the secondary school level. But they represent only a portion
of the more than 50,000 weekly ``visitors'' to the website,
which is quickly becoming the busiest ``entrance'' to the
Museum. This number has been steadily increasing and we expect
the trend to continue since, according to our quarterly visitor
surveys, over 90% of Museum visitors use the internet. We have
responded to this demand by augmenting the educational
programming available on the website and providing access to
the Museum's rich resources. The public can now ``visit''
various special web exhibitions; download Museum publications
and educational resources; search the Museum's archival,
photographic, and library holdings; and will soon have access
to the multi-media Learning Center. The development of the
Museum's NameSearch system has linked the Survivors Registry to
other Museum resources and eventually will include links to
resources in other institutions. Ultimately this novel system
will fundamentally change the potential for researching the
fate of individuals. The Museum has also developed an
innovative geographical information system that permits
integrated access to the Museum's content through the search of
geographic terms.
While most of the Museum's educational programming is
targeted to students, teachers, and families, the Museum's
Center for Advanced Holocaust Studies is critical since
scholarship provides the basis for understanding this
relatively recent history. The Center seeks to stimulate
scholarship, promote the growth of Holocaust studies at
American universities, and ensure the training of future
generations of scholars. In 2000-2001, the Center will host 22
visiting fellows, mostly funded through private grants. Three
seminars for faculty teaching college-level Holocaust courses
will serve 56 faculty members from 55 institutions in 28
states. The Center also sponsors publications and a vigorous
program of lectures, symposia and conferences. The Historian's
Office responds to approximately 700 research requests
annually, many from other governmental entities, such as
Congress and Federal agencies.
Recently, at the request of the House Appropriations
Subcommittee on Interior and Related Agencies, the Museum
underwent an independent study performed by the National
Academy of Public Administration (NAPA). In fact, language in
the FY2000 Interior and Related Agencies Appropriations bill
conference report strongly urges the inclusion of NAPA
legislative recommendations in the reauthorization request.
Released in the summer of 1999, the NAPA study includes
recommendations that address three major areas: statutory
authority, governance, and management. The NAPA Study came at
an opportune time since the Museum was itself in the midst of
self-study regarding these same issues. Most of the report's
recommendations have been or will be adopted over the course of
the next year. For example, in December 1999 the Council
adopted a new governance plan, and the new director has begun
to strengthen accountability, management practices,
administrative systems, and long-range planning.
Our reauthorization request includes legislative changes
that reflect the Council's own assessment of its needs and
incorporates several recommendations from NAPA as well. The
reauthorization request makes five changes to 36 U.S.C. Chapter
23.
First, in accordance with NAPA's recommendation to
``establish the United States Holocaust Memorial Museum as the
institution with primary responsibility'' for the mandates of
the original legislation, we propose to modify Section 2301.
The original language established the U.S. Holocaust Memorial
Council with the primary responsibility for fulfilling the
Congressional mandates. This was necessary during the period
before the Museum existed when the Council's mandate was to
raise funds for and build the Museum. Now that the Museum has
been built, operational responsibilities are more appropriately
a staff function. This change is consistent with the other
Federal cultural institutions.
Second, in accordance with NAPA's recommendation to
``establish the Council as a board of directors of the Museum,
with the relationship to the Museum and governance functions
normally associated with a board specified,'' We propose to
modify Section 2302. This makes the Council a board of
directors with institutional oversight at a governance level,
consistent with the other Federal cultural institutions.
Third, in accordance with NAPA's recommendation to ``make
the director the chief executive officer of the Museum,'' We
propose to modify Section 2305. This is consistent with the
definition of the board being responsible for governance of the
institution while the director is responsible for operations
and management.
Fourth, the Museum operates as a public-private
partnership, with the Federal government having responsibility
for operations of the Museum facilities and basic programs, and
the private sector support responsible for programmatic growth
and national outreach. Consistent with the nature of that
partnership and the Museum's desire to be able to respond to
more of the demands for its services within current resources,
the reauthorization request contains the authority to retain
and expend revenue generated from activities such as fees to
borrow traveling exhibitions and reproduce historic
photographs. These fees will enable the Museum to provide these
services without utilizing scarce resources from either the
Federal or privately-funded budget and is consistent with the
similar authority granted to the Smithsonian Institution and
National Archives. This change is requested in Section 2307,
the section which already permits the Museum to raise private
funds for the purposes mandated by Congress.
Fifth, the final change requested is that for permanent
authorization for appropriations, as indicated in Section 2310.
The presence of permanent authorization for appropriations
would signify that the Museum is now an integral part of the
capital city. Consistent with the changes enumerated above,
this change also establishes parity of status with the other
cultural establishments on the Mall, the Smithsonian
Institution and the National Gallery of Art, and affirms that
the institution is the ``permanent living memorial museum,'' as
was stated in the enabling legislation. To this nation's
rapidly declining population of Holocaust survivors and
American soldiers who liberated the camps and to their
families, permanent authorization conveys that the memorial
here today will be here forever. They deserve no less. As do
the more than half a million school children who visit the
Museum each year.
Further, permanent authorization for appropriations will
facilitate fundraising and this in turn will enhance the
institution's ability to function as a public-private
partnership. The U.S. Holocaust Memorial Council, since its
establishment, has raised over $320 million, and for donors it
has always been important that they are giving to this nation's
permanent memorial to the victims of Holocaust, sharing this
responsibility with the federal government.
Along with the other enumerated improvements to the
Museum's authorization, fundamental to the long-term vitality
of the institution is its status as a public-private
partnership. Since the Museum opened seven years ago, the
private component of the annual operating budget gas grown from
$11 million in FY 1994 to $21 million in FY 2000, an increase
of 91%. Private donations now provide 40% of the annual budget.
Federal appropriations cover the costs of operating the
facility and core programs; private support enables the Museum
to sponsor educational outreach, traveling exhibitions
nationwide and scholarly activities. In addition, the Museum
raises private, restricted funds to support specific programs.
For example, during FY 2000, the Museum will spend--over and
above the base budget--more than $2 million in restricted
funds, dedicated to particular programs in education,
exhibitions, and scholarship, bringing the total private annual
spending to over $23 million.
Because the programs and services are so dependent on this
substantial level of private support, the Museum is concerned
about insuring a secure financial future for the institution.
Even though the Museum has a large membership--approximately
220,000--raising such significant funds every year is a
constant challenge and will become increasingly more difficult
as the Holocaust recedes in time. Therefore, to protect the
private support for the basic programs and to enable future
growth, the Museum is in the process of establishing an
endowment campaign. The Museum's current endowment is
approximately $80 million. While the campaign itself is still
being developed, we anticipate an initial goal of at least $250
million. This reauthorization is vital to the Museum's
fundraising efforts. As individual Americans contemplate their
role in this public-private partnership, the clear and
unequivocal statement of permanent authorization provides that
critical margin of difference for may donors who are confronted
with numerous opportunities for underwriting good works.
In conclusion, the United States Holocaust Memorial Museum
is well placed to carry out its mission of education and
remembrance in this new century. As the last century drew to a
close, ethnic cleansing was taking place in Europe and in the
55 years since the Holocaust, the mid-century vow of ``Never
Again'' has been repeatedly forgotten. Holocaust education is
as important as ever as each generation has to learn anew the
lessons of this immense tragedy for humanity. Understanding the
past for the sake of a better future is the fundamental
principle of the Museum's mission, and the growing interest in
Holocaust education reflects the importance and resonance of
that mission for people form every walk of life. It is both a
privilege and challenge to fulfill this mission in ways that
are meaningful for all Americans, and our continued success
will always depend on the combined efforts of the public-
private partnership. We are grateful for the strong support the
Museum has received from every Administration and every
Congress since the original legislation passed in 1980. We look
forward to continued support and thank you for this opportunity
to share the accomplishments of this unique federal
institution. I have submitted a copy of the Museum's latest
statistics to be included with this statement. I would be
pleased to answer any of the Committee's questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill H.R. 4115, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
[CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL COUNCIL
Sec.
[2301. Establishment and purposes.
[2302. Membership.
[2303. Executive Director.
[2304. Gifts, bequests, and devises of property.
[2305. Memorial museum.
[2306. Audits.
[2307. Administrative.
[2308. Annual report.
[2309. Authorization of appropriations.
[Sec. 2301. Establishment and purposes
[The United States Holocaust Memorial Council is an
independent establishment of the United States Government. The
Council shall--
[(1) provide for appropriate ways for the Nation to
commemorate the Days of Remembrance as an annual,
national, civic commemoration of the Holocaust;
[(2) encourage and sponsor appropriate observances of
the Days of Remembrance throughout the United States;
[(3) plan, construct, and operate a permanent living
memorial museum to the victims of the Holocaust in
cooperation with the Secretary of the Interior and
other departments, agencies, and instrumentalities of
the United States Government as provided in section
2305 of this title [36 U.S.C.A. Sec. 2305]; and
[(4) develop a plan for carrying out the
recommendations of the President's Commission on the
Holocaust in its report to the President of September
27, 1979, to the extent the recommendations are not
otherwise provided for this chapter [36 U.S.C.A.
Sec. 2301 et seq.].
[Sec. 2302. Membership
[(a) Composition.--(1) The United States Holocaust Memorial
Council consists of 65 voting members and the following ex
officio nonvoting members:
[(A) one appointed by the Secretary of the Interior.
[(B) one appointed by the Secretary of State.
[(C) one appointed by the Secretary of Education.
[(2) Of the 65 voting members.--
[(A) the President of the United States appoints 55;
[(B) the Speaker of the House of Representatives
appoints five from among members of the House of
Representatives; and
[(C) the President pro tempore of the Senate appoints
five, on the recommendation of the majority and
minority leaders, from among members of the Senate.
[(b) Terms of office.--(1) Except as provided in this
subsection, Council members serve for terms of 5 years.
[(2) The terms of the five members of the House of
Representatives and the five members of the Senate appointed
during a term of Congress expire at the end of that term of
Congress.
[(c) Chairman and Vice Chairperson.--The President of the
United States shall appoint the Chairperson and Vice
Chairperson of the Council from among the members of the
Council. The Chairperson and Vice Chairperson serve for terms
of 5 years.
[(d) Vacancies.--(1) A vacancy on the Council shall be
filled in the same manner as the original appointment was made.
[(2) A member appointed to fill a vacancy occurring before
the expiration of the term for which the predecessor was
appointed shall be appointed only for the remainder of the
term. A member, except a Member of Congress appointed by the
Speaker of the House of Representatives or the President pro
tempore of the Senate, may serve after the expiration of a term
until a successor takes office.
[(3) The President of the United States fills a vacancy in
the offices of the Chairperson and Vice Chairperson.
[(e) Reappointment.--A member whose term expires may be
reappointed. The Chairperson and Vice Chairperson may be
reappointed to those offices.
[(f) Pay and Expenses.--(1) Except as provided in paragraph
(2) of this subsection, members of the Council may be paid the
daily equivalent of the maximum annual rate of basic pay
payable under section 5376 of title 5 [5 U.S.C.A. Sec. 5376]
for each day (including traveltime) during which they perform
duties of the Council. A member is entitled to travel expenses,
including a per diem allowance, as provided under section 5703
of title 5 [5 U.S.C.A. Sec. 5703], United States Code.
[(2) Members who are full-time officers or employees of the
United States Government or Members of Congress may not receive
additional pay because of their service on the Council.
[(g) 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. The individual serves without cost to the
Government.
[Sec. 2303. Executive Director
[(a) Appointment and Pay.--The Chairperson of the United
States Holocaust Memorial Council shall appoint an Executive
Director, subject to confirmation by the Council. The Executive
Director may be paid with nonappropriated funds. However, if
the Executive Director is paid with appropriated funds, the
rate of pay shall be a rate that is not more than the maximum
rate of basic pay payable under section 5376 of title 5 [5
U.S.C.A. Sec. 5376], United States Code. The Executive Director
serves at the pleasure of the Council.
[(b) Duties and Powers.--The Executive Director may--
[(1) appoint employees in the competitive service
subject to chapter 51 [5 U.S.C.A. Sec. 5101 et seq.]
and subchapter III of chapter 53 [5 U.S.C.A. Sec. 5331
et seq.] of title 5, United States Code;
[(2) appoint and fix the compensation (at a rate that
is not more than the maximum rate of basic pay payable
under section 5376 of title 5, United States Code) of
not more than three employees, notwithstanding any
other law; and
[(3) implement decisions of the Council, in the
manner the Council directs, and carry out other
functions the Council, the Executive Committee of the
Council, or the Chairperson assigns.
[Sec. 2304. Gifts, bequests, and devises of property
[(a) General.--The United States Holocaust Memorial Council
may solicit, accept, own, administer, invest, and use gifts,
bequests, and devises of property to aid or facilitate the
construction, maintenance, and operation of the memorial
museum. The property and the proceeds of the property shall be
used as nearly as possible in accordance with the terms of the
gift, bequest, or devise donating the property. Funds donated
to and accepted by the Council under this section are not
considered appropriated funds and are not subject to any
requirements or restrictions applicable to appropriated funds.
[(b) Tax Treatment.--For the purposes of Federal income,
estate, and gift taxes, property accepted under this section is
deemed to be a gift, bequest, or devise to the United States
Government.
[Sec. 2305. Memorial museum
[(a) Transfer or Purchase of Real Property in the District
of Columbia.--For the purpose of establishing the memorial
museum, and with the approval of the Secretary of the Interior
in consultation with the Commission of Fine Arts and the
National Capital Planning Commission--
[(1) a department, agency, or instrumentality of the
United States Government may transfer to the
administrative jurisdiction of the United States
Holocaust Memorial Council, any real property in the
District of Columbia that is under the administrative
jurisdiction of the department, agency, or
instrumentality and that the Council considers suitable
for the memorial museum; and
[(2) the Council may purchase, with the consent of
the owner, any real property within the District of
Columbia that the Council considers suitable for the
memorial museum.
[(b) Architectural Design Approval.--The architectural
design for the memorial museum is subject to the approval of
the Secretary of the Interior, in consultation with the
Commission of Fine Arts and the National Capital Planning
Commission.
[(c) Insurance.--The Council shall maintain insurance on
the memorial museum to cover the risks, in the amount, and
containing the terms the Council considers necessary.
[Sec. 2306. Audits
[When requested by Congress, the Comptroller General shall
audit financial transactions of the United States Holocaust
Memorial Council, including those involving donated funds,
under generally accepted auditing standards. The Council shall
make available for an audit under this section all records,
items, or property used by the Council that are necessary for
the audit. The Council shall provide facilities for verifying
transactions with the balances.
[Sec. 2307. Administrative
[(a) Bylaws.--(1) The United States Holocaust Memorial
Council shall adopt bylaws to carry out its functions under
this chapter [36 U.S.C.A. Sec. 2301 et seq.].
[(2) The Chairperson of the Council may waive a bylaw when
the Chairperson decides the waiver is in the best interest of
the Council. Immediately after waiving a bylaw, the Chairperson
shall send written notice to every voting member of the
Council. The waiver becomes final 30 days after the notice is
sent unless a majority of Council members disagrees in writing
before the end of the 30-day period.
[(b) Quorum.--One-third of the members of the Council is a
quorum. A vacancy in the Council does not affect its power to
function.
[(c) Experts and Consultants.--The Council may procure the
temporary or intermittent services of experts or consultants
under section 3109 of title 5 [5 U.S.C.A. Sec. 3109], United
States Code, at rates that are not more than the daily
equivalent of the maximum annual rate of basic pay payable
under section 5376 of title 5 [5 U.S.C.A. Sec. 5376], United
States Code.
[(d) Contract Authority.--In accordance with applicable
law, the Council may make contracts or other arrangements with
public agencies or authorities and with private organizations
and persons and may make payments necessary to carry out its
functions under this chapter [36 U.S.C.A. Sec. 2301 et seq.].
[(e) Assistance From Other United States Government
Departments, Agencies, and Instrumentalities.--The Secretary of
the Smithsonian Institution, the Library of Congress, and all
departments, agencies, and instrumentalities in the executive
branch of the United States Government may assist the Council
in carrying out its functions under this chapter [36 U.S.C.A.
Sec. 2301 et seq.].
[(f) Administrative Services and Support.--The Secretary of
the Interior may provide administrative services and support to
the Council on a reimbursable basis.
[Sec. 2308. Annual Report
[Each year, the Executive Director of the United States
Holocaust Memorial Council shall submit to Congress a report on
the Executive Director's stewardship of the authority to
construct, maintain, and operate the memorial museum, including
an accounting of all financial transactions involving donated
funds.
[Sec. 2309. Authorization of appropriations
[(a) General.--Amounts necessary to carry out this chapter
[36 U.S.C.A. Sec. 2301 et seq.] are authorized to be
appropriated for each of the fiscal years ending September 30,
1997-2000. Notwithstanding any other law, necessary amounts are
authorized to be appropriated to the Council to obtain, from a
private insurance carrier, insurance against loss in connection
with the memorial museum and related property and exhibits.
[(b) Use of Amounts for Construction Barred.--Amounts
authorized under this chapter [36 U.S.C.A. Sec. 2301 et seq.]
may not be used for construction.
[(c) Prior Authority Required.--Authority to make
contracts and to make payments under this chapter [36 U.S.C.A.
Sec. 2301 et seq.], using amounts authorized to be appropriated
under this section, are effective only to the extent, and in
amounts, provided in advance in an appropriations law.]
CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM
Sec.
2301. Establishment of the United States Holocaust Memorial Museum;
functions.
2302. Functions of the Council; membership.
2303. Compensation; travel expenses; full-time officers or employees of
United States or Members of Congress.
2304. Administrative provisions.
2305. Staff.
2306. Insurance for museum.
2307. Gifts, bequests, and devises of property; tax treatment.
2308. Annual report.
2309. Audit of financial transactions.
2310. Authorization of appropriations.
SEC. 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST MEMORIAL
MUSEUM; FUNCTIONS.
The United States Holocaust Memorial Museum (hereafter 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 (hereafter 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) One appointed by the Secretary of the Interior.
(2) One appointed by the Secretary of State.
(3) One appointed by the Secretary of Education.
Of the 65 voting members, five shall be appointed by the
Speaker of the United States House of Representatives from
among Members of the United States House of Representatives and
five 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 five Members of the United
States House of Representatives and the five 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.--
TheChairperson 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
reappointed 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 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 section 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 (hereafter 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 up to three employees
notwithstanding 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, consistent with this legislation.
SEC. 2306. INSURANCE FOR MUSEUM.
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 of 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.