141 
members appointed under paragraphs (5) and (6) shall serve for the term 
of their elected office but not in excess of 4 years. An appointed member 
may not serve more than 2 terms. An appointed member whose term has 
expired shall serve until that member’s successor has been appointed. 
(d) VACANCIES.—A vacancy in the Council shall not affect its powers, but 
shall be filled, not later than 60 days after the vacancy commences, in the 
same manner as the original appointment (and for the balance of the unex-
pired term). 
(e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a 
Vice Chairman from the members appointed under paragraph (5), (6), (9), 
or (10) of subsection (a). The Vice Chairman may act in place of the Chair-
man during the absence or disability of the Chairman or when the office 
is vacant. 
(f) QUORUM.—Twelve members of the Council shall constitute a quorum. 
§ 204102. Duties of Council 
(a) DUTIES.—The Council shall— 
(1) advise the President and Congress on matters relating to historic 
preservation, recommend measures to coordinate activities of Federal, 
State, and local agencies and private institutions and individuals relat-
ing to historic preservation, and advise on the dissemination of infor-
mation pertaining to those activities; 
(2) encourage, in cooperation with the National Trust and appro-
priate private agencies, public interest and participation in historic 
preservation; 
(3) recommend the conduct of studies in such areas as— 
(A) the adequacy of legislative and administrative statutes and 
regulations pertaining to historic preservation activities of State 
and local governments; and 
(B) the effects of tax policies at all levels of government on his-
toric preservation; 
(4) advise as to guidelines for the assistance of State and local gov-
ernments in drafting legislation relating to historic preservation; 
(5) encourage, in cooperation with appropriate public and private 
agencies and institutions, training and education in the field of historic 
preservation; 
(6) review the policies and programs of Federal agencies and rec-
ommend to Federal agencies methods to improve the effectiveness, co-
ordination, and consistency of those policies and programs with the 
policies and programs carried out under this division; and 
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(7) inform and educate Federal agencies, State and local govern-
ments, Indian tribes, other nations and international organizations and 
private groups and individuals as to the Council’s authorized activities. 
(b) ANNUAL REPORT.—The Council annually shall submit to the Presi-
dent a comprehensive report of its activities and the results of its studies 
and shall from time to time submit additional and special reports as it 
deems advisable. Each report shall propose legislative enactments and other 
actions as, in the judgment of the Council, are necessary and appropriate 
to carry out its recommendations and shall provide the Council’s assessment 
of current and emerging problems in the field of historic preservation and 
an evaluation of the effectiveness of the programs of Federal agencies, State 
and local governments, and the private sector in carrying out this division. 
§ 204103. Cooperation between Council and instrumental-
ities of executive branch of Federal Government 
The Council may secure directly from any Federal agency information, 
suggestions, estimates, and statistics for the purpose of this chapter. Each 
Federal agency may furnish information, suggestions, estimates, and statis-
tics to the extent permitted by law and within available funds. 
§ 204104. Compensation of members of Council 
The members of the Council specified in paragraphs (2), (3), and (4) of 
section 204101(a) of this title shall serve without additional compensation. 
The other members of the Council shall receive $100 per diem when en-
gaged in the performance of the duties of the Council. All members of the 
Council shall receive reimbursement for necessary traveling and subsistence 
expenses incurred by them in the performance of the duties of the Council. 
§ 204105. Administration 
(a) EXECUTIVE DIRECTOR.—There shall be an Executive Director of the 
Council who shall be appointed in the competitive service by the Chairman 
with the concurrence of the Council. The Executive Director shall report di-
rectly to the Council and perform such functions and duties as the Council 
may prescribe. 
(b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 
(1) GENERAL COUNSEL.—The Council shall have a General Counsel, 
who shall be appointed by the Executive Director. The General Counsel 
shall report directly to the Executive Director and serve as the Coun-
cil’s legal advisor. 
(2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive Director 
shall appoint other attorneys as may be necessary to— 
(A) assist the General Counsel; 
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(B) represent the Council in court when appropriate, including 
enforcement of agreements with Federal agencies to which the 
Council is a party; 
(C) assist the Department of Justice in handling litigation con-
cerning the Council in court; and 
(D) perform such other legal duties and functions as the Execu-
tive Director and the Council may direct. 
(c) APPOINTMENT
AND COMPENSATION
OF OFFICERS
AND EMPLOY-
EES.—The Executive Director of the Council may appoint and fix the com-
pensation of officers and employees in the competitive service who are nec-
essary to perform the functions of the Council at rates not to exceed that 
prescribed for the highest rate for grade 15 of the General Schedule under 
section 5332 of title 5. The Executive Director, with the concurrence of the 
Chairman, may appoint and fix the compensation of not to exceed 5 employ-
ees in the competitive service at rates not to exceed that prescribed for a 
position classified above GS-15 pursuant to section 5108 of title 5. 
(d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.— 
The Executive Director may appoint and fix the compensation of such addi-
tional personnel as may be necessary to carry out the Council’s duties, with-
out regard to the civil service laws and chapter 51 and subchapter III of 
chapter 53 of title 5. 
(e) EXPERT AND CONSULTANT SERVICES.—The Executive Director may 
procure expert and consultant services in accordance with section 3109 of 
title 5. 
(f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 
(1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRI-
VATE ENTITY.—Financial and administrative services (including those 
related to budgeting, accounting, financial reporting, personnel and 
procurement) shall be provided the Council by the Secretary or, at the 
discretion of the Council, another agency or private entity that reaches 
an agreement with the Council, for which payments shall be made in 
advance, or by reimbursement, from funds of the Council in such 
amounts as may be agreed on by the Chairman of the Council and the 
head of the agency or the authorized representative of the private enti-
ty that will provide the services. 
(2) FEDERAL
AGENCY
REGULATIONS
RELATING
TO
COLLECTION 
APPLY.—When a Federal agency affords those services, the regulations 
of that agency under section 5514(b) of title 5 for the collection of in-
debtedness of personnel resulting from erroneous payments shall apply 
to the collection of erroneous payments made to or on behalf of a 
Council employee, and regulations of that agency under sections 
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1513(d) and 1514 of title 31 for the administrative control of funds 
shall apply to appropriations of the Council. The Council shall not be 
required to prescribe those regulations. 
(g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— 
(1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may pro-
vide the Council, with or without reimbursement as may be agreed on 
by the Chairman and the agency, with such funds, personnel, facilities, 
and services under its jurisdiction and control as may be needed by the 
Council to carry out its duties, to the extent that the funds, personnel, 
facilities, and services are requested by the Council and are otherwise 
available for that purpose. Any funds provided to the Council pursuant 
to this subsection shall be expended by the end of the fiscal year fol-
lowing the fiscal year in which the funds are received by the Council. 
(2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES 
AND RECEIVING DONATIONS OF MONEY.—To the extent of available ap-
propriations, the Council may obtain by purchase, rental, donation, or 
otherwise additional property, facilities, and services as may be needed 
to carry out its duties and may receive donations of money for that 
purpose. The Executive Director may accept, hold, use, expend, and ad-
minister the property, facilities, services, and money for the purposes 
of this division. 
(h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOY-
EES.—Any employee in the competitive service of the United States trans-
ferred to the Council under this section shall retain all the rights, benefits, 
and privileges pertaining to the competitive service held prior to the trans-
fer. 
(i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The 
Council is exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.). 
(j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter 
II of chapter 5 and chapter 7 of title 5 shall govern the operations of the 
Council. 
§ 204106. International Centre for the Study of the Preserva-
tion and Restoration of Cultural Property 
(a) AUTHORIZATION OF PARTICIPATION.—The participation of the United 
States as a member in the International Centre for the Study of the Preser-
vation and Restoration of Cultural Property is authorized. 
(b) OFFICIAL DELEGATION.—The Council shall recommend to the Sec-
retary of State, after consultation with the Smithsonian Institution and 
other public and private organizations concerned with the technical problems 
of preservation, the members of the official delegation that will participate 
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