Title 36Patriotic and National ObservancesRelease 119-73

§2302 Functions of the Council; membership

Title 36 › Subtitle Subtitle I— - Patriotic and National Observances and Ceremonies › Part Part B— - United States Government Organizations Involved With Observances and Ceremonies › Chapter CHAPTER 23— - UNITED STATES HOLOCAUST MEMORIAL MUSEUM › § 2302

Last updated Apr 6, 2026|Official source

Summary

Runs the Museum as its board of trustees. The Council sets policy, gives overall direction, watches over day-to-day operations, and handles money matters. It must have an Executive Committee to act when the full Council is not meeting. Has 65 voting members (mostly appointed by the President) plus three nonvoting ex officio members (one each named by the Secretaries of the Interior, State, and Education). Most members serve 5-year terms. Five House members and five Senators appointed during a Congress have terms that end with that Congress. People filling vacancies only serve the rest of that term. Non‑Congress members may stay on after their term ends until a successor takes office; congressional appointees named by the Speaker or President pro tempore may not. The President picks the Chair and Vice Chair from the Council for 5-year terms; reappointments are allowed. The Council must adopt bylaws. The Chair can waive a bylaw but must send written notice; the waiver is final after 30 days unless a majority objects in writing. One-third of the members is needed for a quorum, and vacancies do not stop the Council from acting. The Chair may name nonmembers to committees; they serve without cost to the federal government.

Full Legal Text

Title 36, §2302

Patriotic and National Observances — Source: USLM XML via OLRC

(a)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)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.
(c)(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)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)Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices.
(f)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)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)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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

36 U.S.C. § 2302

Title 36Patriotic and National Observances

Last Updated

Apr 6, 2026

Release point: 119-73