To authorize appropriations for the United States Holocaust Memorial Museum, and for other purposes.
PL 106-292 (H.R.4115), enacted 10/12/2000

114 STAT. 1030 
PUBLIC LAW 106-292—OCT. 12, 2000 
Public Law 106-292 
106th Congress 
An Act 
Oct. 12, 2000 
To authorize appropriations for the United States Holocaust Memorial Museum, 
[H.R. 4115] 
^^^ ^^^ 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 ofBcers 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. 
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 Execu- Establishment, 
tive Committee which shall exercise ongoing governance responsi-
bility when the Council is not in session. 
"(b) COMPOSITION OF COUNCIL; APPOINTMENT; VACANCIES.—The President. 
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.— President. 
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. 
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 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 Coimcil, 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 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 niemorial 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. 
114 STAT. 1034 
PUBLIC LAW 106-292—OCT. 12, 2000 
"(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 pa3nnents 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: 
HOUSE REPORTS: No. 106-751 (Comm. on Resources). 
SENATE REPORTS: No. lOe-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 PRESIDENTML DOCUMENTS, Vol. 36 (2000): 
Oct. 12, Presidential statement.