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                                                       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.