[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.

                                
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