[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4115 Reported in Senate (RS)]

                                                       Calendar No. 858
106th CONGRESS
  2d Session
                                H. R. 4115

                          [Report No. 106-436]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2000

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

           September 28 (legislative day, September 22), 2000

              Reported by Mr. Murkowski, without amendment

_______________________________________________________________________

                                 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; 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; 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 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 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.

``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 Executive Committee 
which shall exercise ongoing governance responsibility 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 following 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 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.
    ``(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.
    ``(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 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 Departments 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 
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 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 TREATMENT.

    ``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 maintain 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.
            ``(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 General as requested 
by Congress, in accordance with generally accepted auditing standards. 
In conducting any audit pursuant to this section, appropriate 
representatives of the Comptroller General 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 representatives 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.''.
                                                       Calendar No. 858

106th CONGRESS

  2d Session

                               H. R. 4115

                          [Report No. 106-436]

_______________________________________________________________________

                                 AN ACT

  To authorize appropriations for the United States Holocaust Memoria 
                    Museum, and for other purposes.

_______________________________________________________________________

           September 28 (legislative day, September 22), 2000

                       Reported without amendment