1995 US Code
Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES
CHAPTER 46 - UNITED STATES HOLOCAUST MEMORIAL COUNCIL
Sec. 1406 - Memorial museum

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§1406. Memorial museum (a) Transfer or purchase of real property in District of Columbia

For purposes of establishing the memorial museum referred to in paragraph (2) of section 1401 of this title, any department, agency, or instrumentality of the United States is authorized to transfer to the administrative jurisdiction of the Council, with the approval of the Secretary of the Interior in consultation with the Commission of Fine Arts and the National Capital Planning Commission, any real property in the District of Columbia which is under the administrative jurisdiction of such department, agency, or instrumentality and which is deemed suitable by the Council for such memorial. With the approval of the Secretary of the Interior, in consultation with the Commission of Fine Arts and the National Capital Planning Commission, the Council may purchase, with the consent of the owner thereof, any real property within the District of Columbia which it deems suitable for purposes of establishing such memorial museum.

(b) Architectural design approval

The architectural design for such memorial museum shall be 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) Termination of construction and operation authority

The authority conferred pursuant to this chapter for the construction and operation of the memorial museum shall lapse on the date five years after October 7, 1980 unless (1) the erection or establishment of such memorial is commenced within such five year period, and (2) prior to the commencement, the Secretary of the Interior certifies that funds are available in an amount sufficient, in the judgment of the Secretary, to ensure completion of the memorial museum.

(d) Employees performing governmental functions

All employees of the memorial who 1 on April 1, 1993, including employees currently on excepted appointments covered under schedules A, B, and C who are performing inherently governmental functions which will continue after the opening of the museum shall be brought into the competitive service in accordance with the classification and pay policy guidelines contained in title V 2 of the United States Code.

(e) Insurance

The Council shall maintain insurance on the memorial museum to cover such risks, in such amount, and containing such terms and conditions as the Council deems necessary.

(Pub. L. 96–388, §6, Oct. 7, 1980, 94 Stat. 1549; Pub. L. 102–529, §3(2), Oct. 27, 1992, 106 Stat. 3463.)

Amendments

1992—Subsecs. (d), (e). Pub. L. 102–529 added subsecs. (d) and (e).

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.”

Section Referred to in Other Sections

This section is referred to in section 1401 of this title.

1 So in original. The word “who” probably should not appear.

2 So in original. Probably should be title “5”.