H. R. 4115
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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; func-
tions.
‘‘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 Remem-
brance 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.
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‘‘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 Execu-
tive Committee which shall exercise ongoing governance responsi-
bility 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 fol-
lowing 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 Rep-
resentatives 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.
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‘‘(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 accord-
ance with applicable law, enter into contracts and other arrange-
ments 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 depart-
ments, 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
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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 TREAT-
MENT.
‘‘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 main-
tain 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.
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‘‘(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 Gen-
eral as requested by Congress, in accordance with generally
accepted auditing standards. In conducting any audit pursuant
to this section, appropriate representatives of the Comptroller Gen-
eral 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 representa-
tives 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.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.