PUBLIC LAW 106–292—OCT. 12, 2000

UNITED STATES HOLOCAUST MEMORIAL

MUSEUM

114 STAT. 1030 PUBLIC LAW 106–292—OCT. 12, 2000

Public Law 106–292

106th Congress

An Act

To authorize appropriations for the United States Holocaust Memorial Museum,

and for other purposes.

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.

Oct. 12, 2000

[H.R. 4115]

PUBLIC LAW 106–292—OCT. 12, 2000 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. 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.

President.

President.

Establishment.

114 STAT. 1032 PUBLIC LAW 106–292—OCT. 12, 2000

‘‘(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 dayto-day authority for the Museum. The Director shall be appointed

by the Chairperson of the Council, subject to confirmation of the

PUBLIC LAW 106–292—OCT. 12, 2000 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.

114 STAT. 1034 PUBLIC LAW 106–292—OCT. 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.

Æ

‘‘(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.