Text: H.R.4115 — 106th Congress (1999-2000)All Information (Except Text)
Public Law No: 106-292 (10/12/2000)
[106th Congress Public Law 292]
[From the U.S. Government Printing Office]
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
[[Page 114 STAT. 1030]]
Public Law 106-292
To authorize appropriations for the United States Holocaust Memorial
Museum, and for other purposes. <<NOTE: Oct. 12, 2000 - [H.R. 4115]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT.
Chapter 23 of title 36, United States Code, is amended to read as
``CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM
``Sec.2301.Establishment of the United States Holocaust Memorial Museum;
``Sec.2302.Functions of the Council; membership.
``Sec.2303.Compensation; travel expenses; full-time officers or
employees of United States or Members of Congress.
``Sec.2306.Insurance for museum.
``Sec.2307.Gifts, bequests, and devises of property; tax treatment.
``Sec.2309.Audit of financial transactions.
``Sec.2310.Authorization of appropriations.
``SEC. 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST MEMORIAL
``The United States Holocaust Memorial Museum (hereafter in this
chapter referred to as the `Museum') is an independent establishment of
the United State 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.
[[Page 114 STAT. 1031]]
``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. <<NOTE: Establishment.>> The Council shall establish an
Executive Committee which shall exercise ongoing governance
responsibility when the Council is not in session.
``(b) <<NOTE: President.>> 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
``(d) <<NOTE: President.>> 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
``(e) Reappointment.--Members whose terms expire may be reappointed,
and the Chairperson and Vice Chairperson may be reappointed to those
``(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.
[[Page 114 STAT. 1032]]
``(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
``(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
[[Page 114 STAT. 1033]]
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
``(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
``(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;
``(3) implement the decisions and strategic plan for the
Museum, as approved by the Council, and perform such other
functions as may be assigned from time-to-time by the Council,
the Executive Committee of the Council, or the Chairperson of
the Council, consistent with this legislation.
``SEC. 2306. 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
``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
``(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.
[[Page 114 STAT. 1034]]
``(4) An examination of the Federal role in the funding of
the Museum and its activities, and any changes that may be
``SEC. 2309. AUDIT OF FINANCIAL TRANSACTIONS.
``Financial transactions of the Museum, including those involving
donated funds, shall be audited by the Comptroller General as requested
by Congress, in accordance with generally accepted auditing standards.
In conducting any audit pursuant to this section, appropriate
representatives of the Comptroller General shall have access to all
books, accounts, financial records, reports, files and other papers,
items or property in use by the Museum, as necessary to facilitate such
audit, and such representatives shall be afforded full facilities for
verifying transactions with the balances.
``SEC. 2310. AUTHORIZATION OF APPROPRIATIONS.
``To carry out the purposes of this chapter, there are authorized to
be appropriated such sums as may be necessary. Notwithstanding any other
provision of law, none of the funds authorized to carry out this chapter
may be made available for construction. Authority to enter into
contracts and to make payments under this chapter, using funds
authorized to be appropriated under this chapter, shall be effective
only to the extent, and in such amounts, as provided in advance in
Approved October 12, 2000.
LEGISLATIVE HISTORY--H.R. 4115:
HOUSE REPORTS: No. 106-751 (Comm. on Resources).
SENATE REPORTS: No. 106-436 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 7, considered and passed House.
Sept. 28, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 12, Presidential statement.