A bill to establish the "United States Holocaust Memorial Council.".
PL 96-388 (H.R.8081), enacted 10/07/1980

PUBLIC LAW 96-388—OCT. 7, 1980 
94 STAT. 1547 
Public Law 96-388 
96th Congress 
An Act 
To establish the United States Holocaust Memorial Council. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That there is hereby 
established the United States Holocaust Memorial Council (herein-
after in this Act referred to as the "Council"). The Council shall— 
(1) provide for appropriate ways for the Nation to commemo-
rate the Days of Remembrance, as an annual, national, civic 
commemoration of the holocaust, and shall encourage and spon-
sor appropriate observances of such Days of Remembrance 
throughout the United States; 
(2) plan, construct, and oversee the operation of, 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 5; and 
(3) develop a plan for carrying 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 recommenda-
tions are not otherwise provided for in this Act. 
SEC. 2. (a) The Council shall consist of sixty 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, and 
(3) one appointed by the Secretary of Education. 
Of the sixty 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 appoint-
ment was made. 
(b) The members of the United States Holocaust Memorial Council, 
as in effect immediately before the date of the enactment of this Act, 
are hereby designated as the initial members of the Council. Such 
initial members (other than the initial members appointed from the 
United States Senate or the United States House of Representatives) 
shall serve terms as follows: 
(1) All initial members shall serve until January 15, 1986. 
(2) On January 15, 1986, the terms of ten of such initial 
members, as designated in the bylaws of the Council, shall 
terminate. 
(3) On January 15 of each year thereafter through 1990 the 
terms often other initial members, as designated in the bylaws of 
the Council, shall terminate. 
The terms of the initial members appointed from the United States 
Senate or the United States House of Representatives shall expire 
Oct. 7, 1980 
[H.R. 8081] 
U.S. Holocaust 
Memorial 
Council. 
Establishment. 
36 u s e 1401. 
Commemora-
tion. 
Memorial 
museum. 
President's 
Commission on 
the Holocaust. 
Membership; 
appointment. 
36 u s e 1402. 
Initial members. 
Terms. 
94 STAT. 1548 
PUBLIC LAW 96-388—OCT. 7, 1980 
Terms. 
Vacancies. 
Officers. 
Initial officers. 
Reappointments. 
Pay. 
36 u s e 1403. 
5 u s e 5332 note. 
Travel expenses. 
Bylaws; quorum. 
36 u s e 1404. 
Experts and 
consultants. 
5 u s e 5332 note. 
Contracts. 
upon the expiration of the term of Congress in session at the time of 
the enactment of 
this Act. 
(cXD Except as provided in subsection Qo) with respect to the initial 
members of the Council and except as otherwise provided in this 
subsection, Council members shall serve for five-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 each 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. 
(dXD Except as provided in paragraph (2), 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 five years. Vacancies 
in the offices of Chairperson and Vice Chairperson shall be filled, as 
they arise, by appointment of 
the President. 
(2) The Chairperson and Vice Chairperson of the United States 
Holocaust Memorial Council, as in effect immediately before the date 
of the enactment of this Act, are hereby designated respectively as 
the initial Chairperson and Vice Chairperson of the Council. Such 
initial Chairperson and Vice Chairperson shall serve until Janueiry 
15,1986. 
(e) Members whose terms expire may be reappointed, and the 
Chairperson and Vice Chairperson may be reappointed to those 
offices. 
SEC. 3. (a) Except as provided in subsection (b), members of the 
Council are each authorized to be paid the daily equivalent of the 
maximum annual rate of basic pay in effect for grade GS-18 of the 
General Schedule for each day (including traveltime) 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 Govern-
ment service are allowed expenses under section 5703 of title 5 of the 
United States Code. 
(b) Members of the Council who are full-time officers or employees 
of the United States or Members of the Congress shall receive no 
additioned pagr by reason of 
their service on the Council. 
SEC. 4. (a) The Council shedl adopt bylaws to carry out its functions 
under this Act. 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. 
(b) The Council may obtain the services of experts and consultants 
in accordance with the provisions of section 3109 of title 5, United 
States Code, at rates not to exceed the daily equivalent of the 
maximum annual rate of basic pay in effect for grade GS-18 of the 
General Schedule. 
(c) The Council 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 Act. 
PUBLIC LAW 96-388—OCT. 7, 1980 
94 STAT. 1549 
(d) The Secretary of the Smithsonian Institution, the Library of 
Congress, and all executive branch departments, agencies, and estab-
lishments of the United States may assist the Council in the perform-
ance of its functions under this Act. 
(e) The Secretary of the Interior may provide administrative 
services and support to the Council on a reimbursable basis. 
SEC. 5. (a) The Council shall, without regard to section 5311(b) of 
title 5, United States Code, have an Executive Director who shall be 
appointed by the President upon the recommendation of the Chair-
person of the Council and who shall be paid at a rate not to exceed the 
maximum rate of basic pay payable for GS-18 of the General 
Schedule. 
(b) Without regard to section 5311(b) of title 5, United States Code, 
the Executive Director may appoint and fix the pay of such additional 
personnel as he considers appropriate. The Executive Director and 
staff of the Council shall be appointed subject to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and shall be paid in accordance with the provisions of chapter 
51 and subchapter III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates. 
SEC. 6. (a) For purposes of establishing the memorial museum 
referred to in paragraph (2) of the first section of this Act, any 
department, agency, or instrumentality of the United States is 
authorized to transfer to the administrative jurisdiction of the 
Council, with the approval of the Secretary of the Interior in 
consultation with the Commission of Fine Arts and the National 
Capital Planning Commission, any real property in the District of 
Columbia which is under the administrative jurisdiction of such 
department, agency, or instrumentality and which is deemed suitable 
by the Council for such memorial. With the approval of the Secretary 
of the Interior, in consultation with the Commission of Fine Arts and 
the National Capital Planning Commission, the Council may pur-
chase, with the consent of the owner thereof, any real property 
within the District of Columbia which it deems suitable for purposes 
of establishing such memorial museum. 
(b) The architectural design for such memorial museum shall be 
subject to the approval of the Secretary of the Interior, in consulta-
tion with the Commission of Fine Arts and the National Capital 
Planning Commission. 
(c) The authority conferred pursuant to this Act for the construc-
tion and operation of the memorial museum shall lapse on the date 
five years after the date of the enactment of this Act unless (1) the 
erection or establishment of such memorial is commenced within 
such five year period, and (2) prior to the commencement, the 
Secretary of the Interior certifies that funds are available in an 
amount sufficient, in the judgment of the Secretary, to ensure 
completion of the memorial museum. 
SEC. 7. The Council may solicit, accept, hold, administer, and use 
gifts, bequests, and devises of property, both real and personal, to aid 
or facilitate the construction, maintenance, and operation of the 
memorial. 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. 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. 8. There is authorized to be appropriated to carry out the 
purposes of this Act $722,000 for the fiscal year 1981, $800,000 for the 
Other Federal 
agencies, 
assistance. 
Administrative 
services. 
Executive 
Director. 
36 u s e 1405. 
5 u s e 5332 note. 
Additional 
personnel. 
Appointment. 
5 u s e 5101 et 
seq., 5331. 
Memorial 
museum, real 
property 
transfer. 
36 u s e 1406. 
Real property 
purchase. 
Architectural 
design, approval. 
Lapse of 
authority. 
Gift, bequests, 
devises of 
property. 
36 u s e 1407. 
Taxes. 
Appropriation 
authorization. 
36 u s e 1408. 
94 STAT. 1550 
PUBLIC LAW 96-388—OCT. 7, 1980 
Construction, 
fiscal 
year 1982, and $850,000 for the fiscal year 1983: Provided, 
restriction. 
however. That notwithstanding any other provision of this Act, none 
of the funds authorized herein may be available for construction. 
Authority to enter into contracts and to make payments under this 
Act, using funds authorized to be appropriated under this section, 
shall be effective only to the extent, and in such amounts, as provided 
in advance in appropriation Acts. 
Approved October 7, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1347, Pt. 1 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Sept. 23, considered and passed House. 
Sept. 24, considered and passed Senate, amended. 
Sept. 25, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 41: 
Oct. 7, Presidential statement.