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[106th Congress Public Law 292]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ292.106]

[[Page 1029]]

                 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

[[Page 114 STAT. 1030]]

Public Law 106-292
106th Congress

                                 An Act

 
  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 
follows:

          ``CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM

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

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

    ``The United States Holocaust Memorial Museum (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 
        office.

    ``(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 
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.

[[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 
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

[[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 
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, 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 
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.

[[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 
        warranted.

``SEC. 2309. AUDIT OF FINANCIAL TRANSACTIONS.

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

``SEC. 2310. AUTHORIZATION OF APPROPRIATIONS.

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

    Approved October 12, 2000.

LEGISLATIVE HISTORY--H.R. 4115:
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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.

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