House Report 106-751 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

[House Report 106-751]
[From the U.S. Government Publishing Office]

106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-751

======================================================================

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

_______

July 17, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Young of Alaska, from the Committee on Resources, submitted the
following

R E P O R T

[To accompany H.R. 4115]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 4115) to authorize appropriations for the United States
Holocaust Memorial Museum, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

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 (hereinafter 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
(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 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) 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 Representatives 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 subsection,
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 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 (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 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 3 employees notwithstanding any other provision of law;
and
``(3) implement the decisions and strategic plan for the
Museum, as approved by the Council, andperform 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.''.

Purpose of the Bill

The purpose of H.R. 4115 is to authorize appropriations for
the United States Holocaust Memorial Museum, and for other
purposes.

Background and Need for Legislation

On November 1, 1978, then President Jimmy Carter
established the President's Commission on the Holocaust charged
with the responsibility to submit a report to the President on
the establishment and maintenance of an appropriate memorial to
commemorate victims of the Holocaust. The final report called
for memorial/museum as a federal institution serving the
public, scholars, and other institutions. In 1980, the Congress
passed Public Law 96-388 which established the U.S. Holocaust
Memorial Council and, among other things, required it to plan,
construct, and operate a permanent living memorial museum to
the victims of the Holocaust in cooperation with the Secretary
of the Interior and other federal agencies. In April 1993 the
Holocaust Memorial Museum opened and since then has become one
the most visited sites in Washington, D.C., hosting
approximately 12 million visitors annually.
At the request of the House of Representatives Subcommittee
on Interior, the National Academy of Public Administration
prepared a report in 1999 to assess the Museum and make
recommendations to improve Museum governance, management, and
administration. H.R. 4115 implements many of these
recommendations.
H.R. 4115 establishes the Holocaust Memorial Museum, rather
than the Council, as the institution for the primary
responsibility for the Museum's operation. The Holocaust
Memorial Council, however, would still function as the
governing body in serving as the board of trustees. The Council
is currently composed of 65 voting members appointed by the
President, the Speaker of the House, and the President pro
tempore of the Senate. Three members of the Council are
selected by the President's cabinet. Among the current council
members are five Members of the House, including Congressmen
Chris Cannon (R-UT), Benjamin A. Gilman (R-NY), Martin Frost
(D-TX), Tom Lantos (D-CA), and Steven C. LaTourette (R-OH), and
five Senators.
H.R. 4115 reauthorizes and establishes the United States
Holocaust Memorial Museum as an independent entity of the
federal government with the responsibility of maintaining and
operating the Museum. This bill assures the continued presence
and function of the Council by establishing it as the board of
trustees of the Museum with overall governance responsibility
for the Museum. This bill authorizes necessary appropriations
to more effectively operate and maintain the Museum; however,
none of the funds may be used for construction purposes.
Federal appropriations have averaged around $31 million
annually for the last five years. The budget request for Fiscal
Year 2001 is $34.6 million. Donated funds have averaged
approximately $21 million for the last three years with
expected donations of $21.4 million for 2001.

Committee Action

H.R. 4115 was introduced by Congressman Chris Cannon (R-UT)
on March 29, 2000. It was referred to the Committee on
Resources and within the Committee the Subcommittee on National
Parks and Public Lands. On May 4, 2000, a hearing was held by
the Subcommittee. On May 18, 2000, the Subcommittee met to
consider the bill. An amendment was offered by Congressman
Cannon containing technical corrections. The amendment was
adopted by voice vote and the bill, as amended, was then
ordered favorably reported to the Full Committee by voice vote.
On June 7, 2000, the full Resources Committee met to consider
the bill. No further amendments were offered and the bill, as
amended, was ordered favorably reported to the House of
Representatives by voice vote.

Committee Oversight Findings and Recommendations

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.

Constitutional Authority Statement

Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.

Compliance With House Rule XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could result in a ``negligible''
increase in direct spending because the Museum would be allowed
to spend certain receipts.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, June 15, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4115, a bill to
authorize appropriations for the United States Holocaust
Memorial Museum, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

H.R. 4115--A bill to authorize appropriations for the United States
Holocaust Memorial Museum, and for other purposes

Summary: H.R. 4115 would move day-to-day responsibility for
maintaining and operating the United States Holocaust Memorial
museum from the Holocaust Memorial Council to the museum, with
the council serving as the museum's board of trustees. In
addition, the bill would authorize the appropriation of such
sums as are necessary each year to the museum. The museum
received an appropriation of $33.3 million in 2000. CBO
estimates that implementing H.R. 4115 would cost $168 million
over the 2001-2005 period, assuming appropriation of the
necessary amounts.
Because the bill would allow the museum to spend certain
receipts, pay-as-you-go procedures would apply. Based on
information from the museum, CBO estimates the annual increase
in direct spending from enacting H.R. 4115 would be negligible.
H.R. 4115 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4115 is shown in the following table.
This estimate assumes that the amounts authorized will be
appropriated and that spending will occur at historical rates.
The costs of this legislation fall within budget function 800
(general government).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION \1, 2\

Museum spending under current law:
Budget authority \3\.................................. 33 0 0 0 0 0
Estimated outlays..................................... 33 10 2 0 0 0
Proposed changes:
Estimated authorization level......................... 0 34 35 36 37 38
Estimated outlays..................................... 0 24 33 36 37 38
Museum spending under H.R. 4115:
Estimated authorization level \3\..................... 33 34 35 36 37 38
Estimated outlays..................................... 33 34 35 36 37 38
----------------------------------------------------------------------------------------------------------------
\1\ By allowing the museum to retain and spend certain receipts, the bill also would affect direct spending. CBO
estimates that the increase in such spending would be negligible each year.
\2\ The table shows CBO baseline projections of spending for the museum with annual adjustments for anticipated
inflation. CBO estimates that spending for the museum would cost about $153 million over the 2001-2005 period
without such adjustments, reflecting an authorization level of $33 million each year.
\3\ The 2000 level is the amount appropriated for that year.

Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act specifies pay-as-you-go
procedures for legislation affecting direct spending and
receipts. These procedures would apply to H.R. 4115 because it
would allow the museum to retain and spend certain receipts,
such as the fee it charges for photocopying noncopyrighted
materials. However, based on information from the museum, CBO
estimates that the annual increase in such spending would be
negligible.
Intergovernmental and private-sector impact: H.R. 4115
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: John R. Righter.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Preemption of State, Local or Tribal Law

This bill is not intended to preempt any State, local or
tribal law.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

CHAPTER 23 OF TITLE 36, UNITED STATES CODE

[CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL COUNCIL

[Sec.
[2301. Establishment and purposes.
[2302. Membership.
[2303. Executive Director.
[2304. Gifts, bequests, and devises of property.
[2305. Memorial museum.
[2306. Audits.
[2307. Administrative.
[2308. Annual report.
[2309. Authorization of appropriations.

[Sec. 2301. Establishment and purposes

[The United States Holocaust Memorial Council is an
independent establishment of the United States Government. The
Council shall--
[(1) provide for appropriate ways for the Nation to
commemorate the Days of Remembrance as an annual,
national, civic commemoration of the Holocaust;
[(2) encourage and sponsor appropriate observances of
the Days of Remembrance throughout the United States;
[(3) plan, construct, and operate a permanent living
memorial museum to the victims of the Holocaust in
cooperation with the Secretary of the Interior and
other departments, agencies, and instrumentalities of
the United States Government as provided in section
2305 of this title; and
[(4) 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 the recommendations are not
otherwise provided for in this chapter.

[Sec. 2302. Membership

[(a) Composition.--(1) The United States Holocaust Memorial
Council consists of 65 voting members and the following ex
officio nonvoting members:
[(A) one appointed by the Secretary of the Interior.
[(B) one appointed by the Secretary of State.
[(C) one appointed by the Secretary of Education.
[(2) Of the 65 voting members--
[(A) the President of the United States appoints 55;
[(B) the Speaker of the House of Representatives
appoints five from among members of the House of
Representatives; and
[(C) the President pro tempore of the Senate appoints
five, on the recommendation of the majority and
minority leaders, from among members of the Senate.
[(b) Terms of Office.--(1) Except as provided in this
subsection, Council members serve for terms of 5 years.
[(2) The terms of the five members of the House of
Representatives and the five members of the Senate appointed
during a term of Congress expire at the end of that term of
Congress.
[(c) Chairperson and Vice Chairperson.--The President of the
United States shall appoint the Chairperson and Vice
Chairperson of the Council from among the members of the
Council. The Chairperson and Vice Chairperson serve for terms
of 5 years.
[(d) Vacancies.--(1) A vacancy on the Council shall be filled
in the same manner as the original appointment was made.
[(2) A member appointed to fill a vacancy occurring before
the expiration of the term for which the predecessor was
appointed shall be appointed only for the remainder of the
term. A member, except a Member of Congress appointed by the
Speaker of the House of Representatives or the President pro
tempore of the Senate, may serve after the expiration of a term
until a successor takes office.
[(3) The President of the United States fills a vacancy in
the offices of the Chairperson and Vice Chairperson.
[(e) Reappointment.--A member whose term expires may be
reappointed. The Chairperson and Vice Chairperson may be
reappointed to those offices.
[(f ) Pay and Expenses.--(1) Except as provided in paragraph
(2) of this subsection, members of the Council may be paid the
daily equivalent of the maximum annual rate of basic pay
payable under section 5376 of title 5 for each day (including
traveltime) during which they perform duties of the Council. A
member is entitled to travel expenses, including a per diem
allowance, as provided under section 5703 of title 5, United
States Code.
[(2) Members who are full-time officers or employees of the
United States Government or Members of Congress may not receive
additional pay because of their service on the Council.
[(g) 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. The individual serves without cost to the
Government.

[Sec. 2303. Executive Director

[(a) Appointment and Pay.--The Chairperson of the United
States Holocaust Memorial Council shall appoint an Executive
Director, subject to confirmation by the Council. The Executive
Director may be paid with nonappropriated funds. However, if
the Executive Director is paid with appropriated funds, the
rate of pay shall be a rate that is not more than the maximum
rate of basic pay payable under section 5376 of title 5, United
States Code. The Executive Director serves at the pleasure of
the Council.
[(b) Duties and Powers.--The Executive Director may--
[(1) appoint employees in the competitive service
subject to chapter 51 and subchapter III of chapter 53
of title 5, United States Code;
[(2) appoint and fix the compensation (at a rate that
is not more than the maximum rate of basic pay payable
under section 5376 of title 5, United States Code) of
not more than three employees, notwithstanding any
other law; and
[(3) implement decisions of the Council, in the
manner the Council directs, and carry out other
functions the Council, the Executive Committee of the
Council, or the Chairperson assigns.

[Sec. 2304. Gifts, bequests, and devises of property

[(a) General.--The United States Holocaust Memorial Council
may solicit, accept, own, administer, invest, and use gifts,
bequests, and devises of property to aid or facilitate the
construction, maintenance, and operation of the memorial
museum. The property and the proceeds of the property shall be
used as nearly as possible in accordance with the terms of the
gift, bequest, or devise donating the property. Funds donated
to and accepted by the Council under this section are not
considered appropriated funds and are not subject to any
requirements or restrictions applicable to appropriated funds.
[(b) Tax Treatment.--For the purposes of Federal income,
estate, and gift taxes, property accepted under this section is
deemed to be a gift, bequest, or devise to the United States
Government.

[Sec. 2305. Memorial museum

[(a) Transfer or Purchase of Real Property in the District of
Columbia.--For the purpose of establishing the memorial museum,
and with the approval of the Secretary of the Interior in
consultation with the Commission of Fine Arts and the National
Capital Planning Commission--
[(1) a department, agency, or instrumentality of the
United States Government may transfer to the
administrative jurisdiction of the United States
Holocaust Memorial Council, any real property in the
District of Columbia that is under the administrative
jurisdiction of the department, agency, or
instrumentality and that the Council considers suitable
for the memorial museum; and
[(2) the Council may purchase, with the consent of
the owner, any real property within the District of
Columbia that the Council considers suitable for the
memorial museum.
[(b) Architectural Design Approval.--The architectural design
for the memorial museum is subject to the approval of the
Secretary of the Interior, in consultation with the Commission
of Fine Arts and the National Capital Planning Commission.
[(c) Insurance.--The Council shall maintain insurance on the
memorial museum to cover the risks, in the amount, and
containing the terms the Council considers necessary.

[Sec. 2306. Audits

[When requested by Congress, the Comptroller General shall
audit financial transactions of the United States Holocaust
Memorial Council, including those involving donated funds,
under generally accepted auditing standards. The Council shall
make available for an audit under this section all records,
items, or property used by the Council that are necessary for
the audit. The Council shall provide facilities for verifying
transactions with the balances.

[Sec. 2307. Administrative

[(a) Bylaws.--(1) The United States Holocaust Memorial
Council shall adopt bylaws to carry out its functions under
this chapter.
[(2) The Chairperson of the Council may waive a bylaw when
the Chairperson decides the waiver is in the best interest of
the Council. Immediately after waiving a bylaw, the Chairperson
shall send written notice to every voting member of the
Council. The waiver becomes final 30 days after the notice is
sent unless a majority of Council members disagrees in writing
before the end of the 30-day period.
[(b) Quorum.--One-third of the members of the Council is a
quorum. A vacancy in the Council does not affect its power to
function.
[(c) Experts and Consultants.--The Council may procure the
temporary or intermittent services of experts or consultants
under section 3109 of title 5, United States Code, at rates
that are not more than the daily equivalent of the maximum
annual rate of basic pay payable under section 5376 of title 5,
United States Code.
[(d) Contract Authority.--In accordance with applicable law,
the Council may make contracts or other arrangements with
public agencies or authorities and with private organizations
and persons and may make payments necessary to carry out its
functions under this chapter.
[(e) Assistance From Other United States Government
Departments, Agencies, and Instrumentalities.--The Secretary of
the Smithsonian Institution, the Library of Congress, and all
departments, agencies, and instrumentalities in the executive
branch of the United States Government may assist the Council
in carrying out its functions under this chapter.
[(f ) Administrative Services and Support.--The Secretary of
the Interior may provide administrative services and support to
the Council on a reimbursable basis.

[Sec. 2308. Annual report

[Each year, the Executive Director of the United States
Holocaust Memorial Council shall submit to Congress a report on
the Executive Director's stewardship of the authority to
construct, maintain, and operate the memorial museum, including
an accounting of all financial transactions involving donated
funds.

[Sec. 2309. Authorization of appropriations

[(a) General.--Amounts necessary to carry out this chapter
are authorized to be appropriated for each of the fiscal years
ending September 30, 1997-2000. Notwithstanding any other law,
necessary amounts are authorized to be appropriated to the
Council to obtain, from a private insurance carrier, insurance
against loss in connection with the memorial museum and related
property and exhibits.
[(b) Use of Amounts for Construction Barred.--Amounts
authorized under this chapter may not be used for construction.
[(c) Prior Authority Required.--Authority to make contracts
and to make payments under this chapter, using amounts
authorized to be appropriated under this section, are effective
only to the extent, and in amounts, provided in advance in an
appropriations law.]

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 (hereinafter 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
(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 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) 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 Representatives 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 subsection,
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 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 title5, 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 (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 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 3 employees notwithstanding
any other provision of law; and
(3) implement the decisions and strategic plan for
the Museum, as approved by the Council, andperform 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.