IB
Union Calendar No. 432
106TH CONGRESS
2D SESSION
H. R. 4115
[Report No. 106–751]
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
Resources
JULY 17, 2000
Additional sponsors: Mr. HINCHEY, Mr. MALONEY of Connecticut, Mr.
REGULA, Mrs. BIGGERT, and Mr. ROMERO-BARCELO´
JULY 17, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 29, 2000]
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 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; 
FUNC-
TIONS.
‘‘The United States Holocaust Memorial Museum
(hereinafter in this chapter referred to as the ‘Museum’) is
an independent establishment of the United State Govern-
ment. The Museum shall—
‘‘(1) provide for appropriate ways for the Nation
to commemorate the Days of Remembrance, as an an-
nual, national, civic commemoration of the Holo-
caust, and encourage and sponsor appropriate observ-
ances 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 Presi-
dent’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 Me-
morial Council (hereinafter 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 Mu-
seum, including policy guidance and strategic direction,
general oversight of Museum operations, and fiduciary re-
sponsibility. The Council shall establish an Executive Com-
mittee which shall exercise ongoing governance responsi-
bility 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 mem-
bers:
‘‘(1) 1 appointed by the Secretary of the Interior.
‘‘(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 Representa-
tives and 5 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 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 oc-
curring 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 Presi-
dent pro tempore of the United States Senate, may
serve after the expiration of his term until his suc-
cessor 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 Chair-
person 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 Coun-
cil 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 com-
mittee 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 author-
ized 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 (includ-
ing travel time) during which they are engaged in the ac-
tual 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 sub-
sistence, in the same manner as persons employed intermit-
tently 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 Mem-
bers 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 Sched-
ule 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 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 perform-
ance of its functions under this chapter.
‘‘(d) ADMINISTRATIVE SERVICES AND SUPPORT.—The
Secretary of the Interior may provide administrative serv-
ices 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 (hereinafter 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 Direc-
tor 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 Chair-
person. The Director shall serve at the pleasure of the Coun-
cil.
‘‘(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 posi-
tions at level IV of the Executive Schedule under sec-
tion 5315 of title 5) of up to 3 employees notwith-
standing any other provision of law; and
‘‘(3) implement the decisions and strategic plan
for the Museum, as approved by the Council, and per-
form 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, con-
sistent with this legislation.
‘‘SEC. 2306. INSURANCE FOR MUSEUM.
‘‘The Museum shall maintain insurance on the memo-
rial museum to cover such risks, in such amount, and con-
taining 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 ac-
cept, 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