-CITE-

36 USC CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL

MUSEUM 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-MISC1-

Sec.

2301. Establishment of the United States Holocaust Memorial

Museum; functions.

2302. Functions of the Council; membership.

2303. Compensation; travel expenses; full-time officers or

employees of United States or Members of Congress.

2304. Administrative provisions.

2305. Staff.

2306. Insurance for museum.(!1)

2307. Gifts, bequests, and devises of property; tax

treatment.

2308. Annual report.

2309. Audit of financial transactions.

2310. Authorization of appropriations.

PRIOR PROVISIONS

A prior chapter 23, consisting of sections 2301 to 2309, related

to the United States Holocaust Memorial Council, prior to the

general amendment of this chapter by Pub. L. 106-292, Sec. 1.

-FOOTNOTE-

(!1) So in original. Capitalization does not conform to section

catchline.

-End-

-CITE-

36 USC Sec. 2301 01/06/03

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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2301. Establishment of the United States Holocaust Memorial

Museum; functions

-STATUTE-

The United States Holocaust Memorial Museum (hereafter in this

chapter referred to as the "Museum") is an independent

establishment of the United State (!1) 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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1030.)

-MISC1-

PRIOR PROVISIONS

A prior section 2301, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1277, related to the establishment and purposes of the Holocaust

Memorial Council, prior to the general amendment of this chapter by

Pub. L. 106-292.

TRANSFER OF AUDITORS WEST BUILDING (ANNEX 3); RESPONSIBILITY FOR

REPAIRS AND ALTERATIONS

Pub. L. 101-45, title II, June 30, 1989, 103 Stat. 125, provided

that:

"Notwithstanding any other provision of law, the Administrator of

General Services (Administrator) shall transfer to the

administrative jurisdiction of the Holocaust Memorial Council

(Council), without consideration, the Auditors West Building (Annex

3) located at Raoul Wallenberg Place and Independence Avenue

Southwest, Washington, District of Columbia.

"Prior to such transfer of jurisdiction to the Council, the

Council shall agree to perform all necessary repairs and

alterations to the Auditors West Building so as to renovate the

exterior of the Auditors West Building in a manner consistent with

preservation of the historic architecture of the building, and to

preserve the structural integrity of the building. The Council,

prior to such transfer, shall furnish to the Administrator, for his

approval, a plan detailing the repairs and alterations proposed,

dates for completion of the work, and funding availability.

"In the event the Council ceases to exist, administrative

jurisdiction of the Auditors West Building (Annex 3) shall revert

to the General Services Administration."

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

36 USC Sec. 2302 01/06/03

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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2302. Functions of the Council; membership

-STATUTE-

(a) In General. - The United States Holocaust Memorial Council

(hereafter in this chapter referred to as the "Council") shall be

the board of trustees of the Museum and shall have overall

governance responsibility for the Museum, including policy guidance

and strategic direction, general oversight of Museum operations,

and fiduciary responsibility. The Council shall establish an

Executive Committee which shall exercise ongoing governance

responsibility when the Council is not in session.

(b) Composition of Council; Appointment; Vacancies. - The Council

shall consist of 65 voting members appointed (except as otherwise

provided in this section) by the President and the following ex

officio nonvoting members:

(1) One appointed by the Secretary of the Interior.

(2) One appointed by the Secretary of State.

(3) One appointed by the Secretary of Education.

Of the 65 voting members, five shall be appointed by the Speaker of

the United States House of Representatives from among Members of

the United States House of Representatives and five shall be

appointed by the President pro tempore of the United States Senate

upon the recommendation of the majority and minority leaders from

among Members of the United States Senate. Any vacancy in the

Council shall be filled in the same manner as the original

appointment was made.

(c) Term of Office. -

(1) Except as otherwise provided in this subsection, Council

members shall serve for 5-year terms.

(2) The terms of the five Members of the United States House of

Representatives and the five Members of the United States Senate

appointed during any term of Congress shall expire at the end of

such term of Congress.

(3) Any member appointed to fill a vacancy occurring before the

expiration of the term for which his predecessor was appointed

shall be appointed only for the remainder of such term. A member,

other than a Member of Congress appointed by the Speaker of the

United States House of Representatives or the President pro

tempore of the United States Senate, may serve after the

expiration of his term until his successor has taken office.

(d) Chairperson and Vice Chairperson; Term of Office. - The

Chairperson and Vice Chairperson of the Council shall be appointed

by the President from among the members of the Council and such

Chairperson and Vice Chairperson shall each serve for terms of 5

years.

(e) Reappointment. - Members whose terms expire may be

reappointed, and the Chairperson and Vice Chairperson may be

reappointed to those offices.

(f) Bylaws. - The Council shall adopt bylaws to carry out its

functions under this chapter. The Chairperson may waive a bylaw

when the Chairperson decides that waiver is in the best interest of

the Council. Immediately after waiving a bylaw, the Chairperson

shall send written notice of the waiver to every voting member of

the Council. The waiver becomes final 30 days after the notice is

sent unless a majority of Council members disagree in writing

before the end of the 30-day period.

(g) Quorum. - One-third of the members of the Council shall

constitute a quorum, and any vacancy in the Council shall not

affect its powers to function.

(h) Associated Committees. - Subject to appointment by the

Chairperson, an individual who is not a member of the Council may

be designated as a member of a committee associated with the

Council. Such an individual shall serve without cost to the Federal

Government.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1031.)

-MISC1-

PRIOR PROVISIONS

A prior section 2302, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1277, related to the membership of the Holocaust Memorial Council,

prior to the general amendment of this chapter by Pub. L. 106-292.

-End-

-CITE-

36 USC Sec. 2303 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2303. Compensation; travel expenses; full-time officers or

employees of United States or Members of Congress

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1032.)

-MISC1-

PRIOR PROVISIONS

A prior section 2303, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1278, related to the Executive Director of the Holocaust Memorial

Council, prior to the general amendment of this chapter by Pub. L.

106-292.

-End-

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36 USC Sec. 2304 01/06/03

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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2304. Administrative provisions

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1032.)

-MISC1-

PRIOR PROVISIONS

A prior section 2304, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1278, related to gifts, bequests, and devises of property to the

Holocaust Memorial Council, prior to the general amendment of this

chapter by Pub. L. 106-292.

-End-

-CITE-

36 USC Sec. 2305 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2305. Staff

-STATUTE-

(a) Establishment of the Museum Director as Chief Executive

Officer. - There shall be a director of the Museum (hereafter in

this chapter referred to as the "Director") who shall serve as

chief executive officer of the Museum and exercise day-to-day

authority for the Museum. The Director shall be appointed by the

Chairperson of the Council, subject to confirmation of the Council.

The Director may be paid with nonappropriated funds, and, if paid

with appropriated funds shall be paid the rate of basic pay for

positions at level IV of the Executive Schedule under section 5315

of title 5. The Director shall report to the Council and its

Executive Committee through the Chairperson. The Director shall

serve at the pleasure of the Council.

(b) Appointment of Employees. - The Director shall have authority

to -

(1) appoint employees in the competitive service subject to the

provisions of chapter 51 and subchapter III of chapter 53 of

title 5, relating to classification and general schedule pay

rates;

(2) appoint and fix the compensation (at a rate not to exceed

the rate of basic pay in effect for positions at level IV of the

Executive Schedule under section 5315 of title 5) of up to three

employees notwithstanding any other provision of law; and

(3) implement the decisions and strategic plan for the Museum,

as approved by the Council, and perform such other functions as

may be assigned from time-to-time by the Council, the Executive

Committee of the Council, or the Chairperson of the Council,

consistent with this legislation.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1032.)

-MISC1-

PRIOR PROVISIONS

A prior section 2305, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1278, related to the establishment of the memorial museum, prior to

the general amendment of this chapter by Pub. L. 106-292.

-End-

-CITE-

36 USC Sec. 2306 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2306. Insurance for Museum

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1033.)

-MISC1-

PRIOR PROVISIONS

A prior section 2306, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1279, related to audits of the Holocaust Memorial Council, prior to

the general amendment of this chapter by Pub. L. 106-292.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2301 of this title.

-End-

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36 USC Sec. 2307 01/06/03

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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2307. Gifts, bequests, and devises of property; tax treatment

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1033.)

-MISC1-

PRIOR PROVISIONS

A prior section 2307, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1279, provided for administrative provisions, prior to the general

amendment of this chapter by Pub. L. 106-292.

-End-

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36 USC Sec. 2308 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2308. Annual report

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1033.)

-MISC1-

PRIOR PROVISIONS

A prior section 2308, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1280, required the Executive Director to submit an annual report to

Congress, prior to the general amendment of this chapter by Pub. L.

106-292.

-End-

-CITE-

36 USC Sec. 2309 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2309. Audit of financial transactions

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1034.)

-MISC1-

PRIOR PROVISIONS

A prior section 2309, Pub. L. 105-225, Aug. 12, 1998, 112 Stat.

1280, related to authorization of appropriations, prior to the

general amendment of this chapter by Pub. L. 106-292.

-End-

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36 USC Sec. 2310 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle I - Patriotic and National Observances and Ceremonies

Part B - United States Government Organizations Involved With

Observances and Ceremonies

CHAPTER 23 - UNITED STATES HOLOCAUST MEMORIAL MUSEUM

-HEAD-

Sec. 2310. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-292, Sec. 1, Oct. 12, 2000, 114 Stat. 1034.)

-End-