I
106TH CONGRESS
2D SESSION
H. R. 4115
To authorize appropriations for the United States Holocaust Memorial
Museum, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2000
Mr. CANNON (for himself, Mr. FROST, Mr. GILMAN, Mr. LANTOS, Mr.
LATOURETTE, Mr. BERMAN, Mr. ACKERMAN, Mr. GEJDENSON, Mr. FIL-
NER, Mr. HOYER, Mr. POMBO, Mr. LEACH, Mr. DEUTSCH, Mrs. LOWEY,
Mr. WAXMAN, Mr. CROWLEY, Mr. ROTHMAN, Mr. SISISKY, Mr. KEN-
NEDY of Rhode Island, Mr. FRANKS of New Jersey, Mr. WEXLER, Mr.
NADLER, Mrs. MALONEY of New York, Ms. BERKLEY, and Mr. WEINER)
introduced the following bill; which was referred to the Committee on Re-
sources
A BILL
To authorize appropriations for the United States Holocaust
Memorial Museum, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT.
Chapter 23 of title 36, United States Code, is amend-
ed to read as follows:
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 re-
port to the President of September 27, 1979, to the
extent such recommendations are not otherwise pro-
vided for in this chapter.
‘‘SEC. 2302. FUNCTIONS OF THE COUNCIL; MEMBERSHIP.
‘‘(a) IN GENERAL.—The United States Holocaust
Memorial Council (hereinafter in this chapter referred to
as the ‘Council’) shall be the board of trustees of the Mu-
seum and shall have overall governance responsibility for
the Museum, including policy guidance and strategic direc-
tion, general oversight of Museum operations, and fidu-
ciary responsibility. The Council shall establish an Execu-
tive Committee which shall exercise ongoing governance
responsibility when the Council is not in session.
‘‘(b) COMPOSITION OF COUNCIL; APPOINTMENT; VA-
CANCIES.—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) 1 appointed by the Secretary of the Inte-
rior.
‘‘(2) 1 appointed by the Secretary of State.
‘‘(3) 1 appointed by the Secretary of Education.
Of the 65 voting members, 5 shall be appointed by the
Speaker of the United States House of Representatives
from among Members of the United States House of Rep-
resentatives and 5 shall be appointed by the President pro
tempore of the United States Senate upon the rec-
ommendation 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 sub-
section, Council members shall serve for 5-year
terms.
‘‘(2) The terms of the 5 Members of the United
States House of Representatives and the 5 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 Representa-
tives 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 ex-
pire 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 Chair-
person may waive a bylaw when the Chairperson decides
that waiver is in the best interest of the Council. Imme-
diately 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 appoint-
ment by the Chairperson, an individual who is not a mem-
ber 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 au-
thorized to be paid the daily equivalent of the annual rate
of basic pay in effect for positions at level IV of the Execu-
tive 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 ac-
cordance 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 DEPART-
MENTS AND AGENCIES.—The Secretary of the Smithso-
nian Institution, the Library of Congress, and the heads
of all executive branch departments, agencies, and estab-
lishments 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 direc-
tor of the Museum (hereinafter in this chapter referred
to as the ‘Director’) who shall serve as chief executive offi-
cer 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 Execu-
tive 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 serv-
ice subject to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, relating to clas-
sification 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 3 employees not-
withstanding any other provision of law; and
‘‘(3) implement the decisions and strategic plan
for the Museum, as approved by the Council, and