79–010

Calendar No. 858

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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.

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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.

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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.

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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.

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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.

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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.

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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 organiVerDate 11-MAY-2000 05:07 Sep 30, 2000 Jkt 079010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6969 E:\HR\OC\SR436.XXX pfrm03 PsN: SR436
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zations 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 afterschool 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

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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

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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 partnerVerDate 11-MAY-2000 05:07 Sep 30, 2000 Jkt 079010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6969 E:\HR\OC\SR436.XXX pfrm03 PsN: SR436
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ship. 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

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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):

øCHAPTER 23—UNITED STATES HOLOCAUST MEMORIAL

COUNCIL

Sec.

ø2301. Establishment and purposes.

ø2302. Membership.

ø2303. Executive Director.

ø2304. Gifts, bequests, and devises of property.

ø2305. Memorial museum.

ø2306. Audits.

ø2307. Administrative.

ø2308. Annual report.

ø2309. Authorization of appropriations.

ø§ 2301. Establishment and purposes

øThe United States Holocaust Memorial Council is an independent establishment of the United States Government. The

Council shall—

ø(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance as an annual, national,

civic commemoration of the Holocaust;

ø(2) encourage and sponsor appropriate observances of the

Days of Remembrance throughout the United States;

ø(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.

§ 2305]; and

ø(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. § 2301 et seq.].

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ø§ 2302. Membership

ø(a) COMPOSITION.—(1) The United States Holocaust Memorial

Council consists of 65 voting members and the following ex officio

nonvoting members:

ø(A) one appointed by the Secretary of the Interior.

ø(B) one appointed by the Secretary of State.

ø(C) one appointed by the Secretary of Education.

ø(2) Of the 65 voting members.—

ø(A) the President of the United States appoints 55;

ø(B) the Speaker of the House of Representatives appoints

five from among members of the House of Representatives; and

ø(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.

ø(b) Terms of office.—(1) Except as provided in this subsection,

Council members serve for terms of 5 years.

ø(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.

ø(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.

ø(d) VACANCIES.—(1) A vacancy on the Council shall be filled in

the same manner as the original appointment was made.

ø(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.

ø(3) The President of the United States fills a vacancy in the offices of the Chairperson and Vice Chairperson.

ø(e) REAPPOINTMENT.—A member whose term expires may be reappointed. The Chairperson and Vice Chairperson may be reappointed to those offices.

ø(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. § 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. § 5703],

United States Code.

ø(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.

ø(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.

14

ø§ 2303. Executive Director

ø(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. § 5376], United States

Code. The Executive Director serves at the pleasure of the Council.

ø(b) DUTIES AND POWERS.—The Executive Director may—

ø(1) appoint employees in the competitive service subject to

chapter 51 [5 U.S.C.A. § 5101 et seq.] and subchapter III of

chapter 53 [5 U.S.C.A. § 5331 et seq.] of title 5, United States

Code;

ø(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

ø(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.

ø§ 2304. Gifts, bequests, and devises of property

ø(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.

ø(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.

ø§ 2305. Memorial museum

ø(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—

ø(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

ø(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.

15

ø(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.

ø(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.

ø§ 2306. Audits

øWhen 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.

ø§ 2307. Administrative

ø(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. § 2301 et seq.].

ø(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.

ø(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.

ø(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. § 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. § 5376], United States Code.

ø(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. § 2301 et seq.].

ø(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. § 2301 et

seq.].

ø(f) ADMINISTRATIVE SERVICES AND SUPPORT.—The Secretary of

the Interior may provide administrative services and support to the

Council on a reimbursable basis.

16

ø§ 2308. Annual Report

øEach 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.

ø§ 2309. Authorization of appropriations

ø(a) GENERAL.—Amounts necessary to carry out this chapter

[36 U.S.C.A. § 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.

ø(b) USE OF AMOUNTS FOR CONSTRUCTION BARRED.—Amounts

authorized under this chapter [36 U.S.C.A. § 2301 et seq.] may not

be used for construction.

ø(c) PRIOR AUTHORITY REQUIRED.—Authority to make contracts

and to make payments under this chapter [36 U.S.C.A. § 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.

17

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.—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 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.

18

(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

19

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 reVerDate 11-MAY-2000 05:07 Sep 30, 2000 Jkt 079010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\SR436.XXX pfrm03 PsN: SR436
20

quested 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.

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