36 U.S.C. § 2302 — Functions of the Council; membership

Page 70 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2302 ‘‘(iv) operation and expansion of a teacher fel- lowship program to cultivate and support leaders in Holocaust education. ‘‘(C) Engagement with State and local education leaders to encourage the adoption of resources sup- ported under this Act into curricula across diverse disciplines. ‘‘(D) Evaluation and research to assess the effec- tiveness and impact of Holocaust education pro- grams, which may include completion of the report required under section 8. ‘‘(d) APPLICATIONS.—The Director may seek the en- gagement of an eligible program participant under sub- section (c) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may re- quire. ‘‘SEC. 5. ONLINE HOLOCAUST EDUCATION RE- SOURCES. ‘‘(a) WEBSITE.—The Director shall maintain on the website of the United States Holocaust Memorial Mu- seum a special section designated for Holocaust edu- cation resources to improve awareness and under- standing of the Holocaust and educate individuals on the lessons of the Holocaust as a means to raise aware- ness about the importance of preventing genocide, hate, and bigotry against any group of people. The website and resources shall be made publically avail- able. ‘‘(b) INFORMATION DISTRIBUTION.—The Director shall distribute information about the activities funded under this Act through the website of the United States Holocaust Memorial Museum, and shall respond to in- quiries for supplementary information concerning such activities. ‘‘(c) BEST PRACTICES.—The information distributed by the Director shall include best practices for edu- cators. ‘‘SEC. 6. UNITED STATES HOLOCAUST MEMORIAL COUNCIL. ‘‘The United States Holocaust Memorial Council es- tablished under section 2302 of title 36, United States Code, shall have governance responsibility for the pro- grams and activities carried out under this Act in ac- cordance with chapter 23 of title 36, United States Code. ‘‘SEC. 7. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS. ‘‘(a) IN GENERAL.—An eligible program participant shall be engaged at the discretion of the Director to participate in Holocaust education program activities authorized under this Act and approved by the Director pursuant to an application described in section 4(d). ‘‘(b) ENGAGEMENT PERIOD.—Engagement of eligible program participants under this Act shall be for a pe- riod determined by the Director. ‘‘(c) PRIORITY.—In engaging eligible program partici- pants under section 4, the Director shall give priority to applications from such participants who work for or with a local educational agency, or a school that is independent of any local educational agency, that does not, at the time application is made, offer any Holo- caust education programming. ‘‘SEC. 8. ANNUAL REPORT. ‘‘Not later than February 1 of each year, the Director shall submit to the Congress a report describing the ac- tivities carried out under this Act.’’ TRANSFER OF AUDITORS WEST BUILDING (ANNEX 3); RESPONSIBILITY FOR REPAIRS AND ALTERATIONS Pub. L. 101–45, title II, June 30, 1989, 103 Stat. 125, pro- vided that: ‘‘Notwithstanding any other provision of law, the Ad- ministrator of General Services (Administrator) shall transfer to the administrative jurisdiction of the Holo- caust Memorial Council (Council), without consider- ation, 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 struc- tural integrity of the building. The Council, prior to such transfer, shall furnish to the Administrator, for his approval, a plan detailing the repairs and alter- ations proposed, dates for completion of the work, and funding availability. ‘‘In the event the Council ceases to exist, administra- tive jurisdiction of the Auditors West Building (Annex 3) shall revert to the General Services Administra- tion.’’ § 2302. Functions of the Council; membership (a) IN GENERAL.—The United States Holocaust Memorial Council (hereafter in this chapter re- ferred to as the ‘‘Council’’) shall be the board of trustees of the Museum and shall have overall governance responsibility for the Museum, in- cluding policy guidance and strategic direction, general oversight of Museum operations, and fi- duciary responsibility. The Council shall estab- lish an Executive Committee which shall exer- cise ongoing governance responsibility when the Council is not in session. (b) COMPOSITION OF COUNCIL; APPOINTMENT; VA- CANCIES.—The Council shall consist of 65 voting members appointed (except as otherwise pro- vided in this section) by the President and the following ex officio nonvoting members: (1) One appointed by the Secretary of the In- terior. (2) One appointed by the Secretary of State. (3) One appointed by the Secretary of Edu- cation. Of the 65 voting members, five shall be ap- pointed 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 ap- pointment was made. (c) TERM OF OFFICE.— (1) Except as otherwise provided in this sub- section, 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. Page 71 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2305 (d) CHAIRPERSON AND VICE CHAIRPERSON; TERM OF OFFICE.—The Chairperson and Vice Chair- person of the Council shall be appointed by the President from among the members of the Coun- cil 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 ma- jority 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 va- cancy in the Council shall not affect its powers to function. (h) ASSOCIATED COMMITTEES.—Subject to ap- pointment by the Chairperson, an individual who is not a member of the Council may be des- ignated as a member of a committee associated with the Council. Such an individual shall serve without cost to the Federal Government. (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. 1031.) Editorial Notes 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. § 2303. Compensation; travel expenses; full-time officers or employees of United States or Members of Congress (a) IN GENERAL.—Except as provided in sub- section (b) of this section, members of the Coun- cil are each authorized to be paid the daily equivalent of the annual rate of basic pay in ef- fect 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 Govern- ment 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. (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. 1032.) Editorial Notes PRIOR PROVISIONS A prior section 2303, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278, related to the Executive Director of the Hol- ocaust Memorial Council, prior to the general amend- ment of this chapter by Pub. L. 106–292. § 2304. Administrative provisions (a) EXPERTS AND CONSULTANTS.—The Museum may obtain the services of experts and consult- ants in accordance with the provisions of sec- tion 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 Execu- tive 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 DEPART- MENTS AND AGENCIES.—The Secretary of the Smithsonian Institution, the Library of Con- gress, and the heads of all executive branch de- partments, 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 ad- ministrative services and support to the Mu- seum on a reimbursable basis. (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. 1032.) Editorial Notes 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. § 2305. Staff (a) ESTABLISHMENT OF THE MUSEUM DIRECTOR AS CHIEF EXECUTIVE OFFICER.—There shall be a director of the Museum (hereafter in this chap- ter referred to as the ‘‘Director’’) who shall serve as chief executive officer of the Museum and exercise day-to-day authority for the Mu- seum. The Director shall be appointed by the Chairperson of the Council, subject to confirma- tion of the Council. The Director may be paid with nonappropriated funds, and, if paid with ap- propriated 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 Direc- tor shall report to the Council and its Executive Committee through the Chairperson. The Direc- tor 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, re- lating to classification and general schedule pay rates;