36 U.S.C. § 1402
Section 1402 · Membership
Amended 2 times on record
The Council shall consist of sixty-five 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, and
(3) one appointed by the Secretary of Education.
Of the sixty-five 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.
The members of the United States Holocaust Memorial Council, as in effect immediately before October 7, 1980, are hereby designated as members of the Council. All noncongressional voting members designated under the preceding sentence shall serve terms as follows:
(1) All such noncongressional voting members shall serve until January 15, 1986.
(2) On January 15, 1986, the terms of eleven of such noncongressional voting members, as designated in the bylaws of the Council, shall terminate.
(3) On January 15 of each year thereafter through 1990 the terms of eleven other such noncongressional voting members, as designated in the bylaws of the Council, shall terminate.
(1) Except as provided in subsection (b) of this section and except as otherwise provided in this subsection, Council members shall serve for five-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 each 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.
(1) Except as provided in paragraph (2), 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 five years. Vacancies in the offices of Chairperson and Vice Chairperson shall be filled, as they arise, by appointment of the President.
(2) The Chairperson and Vice Chairperson of the United States Holocaust Memorial Council, as in effect immediately before October 1, 1980, are hereby designated respectively as the initial Chairperson and Vice Chairperson of the Council. Such initial Chairperson and Vice Chairperson shall serve until January 15, 1986.
Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1981—Subsec. (a). Pub. L. 97–84, §1(1), increased size of Council from sixty members to sixty-five members.
Subsec. (b). Pub. L. 97–84, §1(2), substituted “are hereby designated as members” for “are hereby designated as the initial members” and “All noncongressional voting members designated under the preceding sentence” for “Such initial members (other than the initial members appointed from the United States Senate or the United States House of Representatives)” in provisions preceding par. (1), substituted “All such noncongressional voting members” for “All initial members” in par. (1), substituted “eleven of such noncongressional voting members” for “ten of such initial members” in par. (2), substituted “eleven other such noncongressional voting members” for “ten other initial members” in par. (3), and struck out provision following par. (3) which had provided that the terms of the initial members appointed from the United States Senate and the United States House of Representatives would expire upon the expiration of the term of Congress in session on Oct. 7, 1980.
Subsec. (c)(1). Pub. L. 97–84, §1(3), struck out “with respect to the initial members of the Council” after “Except as provided in subsection (b) of this section”.