54 U.S.C. § 304105 — Administration

(a) Executive Director^*. The Council^* has an Executive Director, appointed by the Chairman with the Council's agreement. The Executive Director can be hired in the competitive service^* at a General Schedule rate, in the competitive service at a rate that can exceed the top of GS-15 under section 5332 of title 5, or in the Senior Executive Service under section 3393 of title 5. The Executive Director reports directly to the Chairman and does whatever the Chairman assigns.

(b) General Counsel and other attorneys. (1) The Council has a General Counsel, appointed by the Executive Director, who reports directly to the Executive Director and serves as the Council's lawyer. (2) The Executive Director must also appoint other attorneys as needed to (A) help the General Counsel, (B) represent the Council in court when appropriate, including enforcing agreements the Council has with Federal agencies, (C) help the Department of Justice with litigation involving the Council, and (D) handle other legal duties as the Executive Director or Council directs.

(c) Officers and employees. The Executive Director may hire and set pay for competitive-service officers and employees needed to run the Council, at rates up to the top of GS-15. With the Chairman's agreement, the Executive Director may also hire up to 5 employees at rates above GS-15, or in the Senior Executive Service.

(d) Additional personnel. The Executive Director may hire and set pay for any other staff needed to carry out the Council's duties, without following the usual civil service laws.

(e) Expert and consultant help. The Executive Director may hire experts and consultants under section 3109 of title 5.

(f) Financial and administrative services. (1) The Secretary^* provides the Council's financial and administrative services — budgeting, accounting, financial reporting, personnel, and procurement — unless the Council chooses another agency^* or private entity willing to provide them instead, paid for in advance or by reimbursement from Council funds, at amounts the Chairman and that provider agree on. (2) When a Federal agency provides these services, that agency's rules for collecting money erroneously paid to employees, and its rules for controlling funds, apply to the Council too — the Council does not have to write its own version of those rules.

(g) Funds, personnel, facilities, and services. (1) Any Federal agency may give the Council funds, personnel, facilities, or services it controls, with or without reimbursement as the Chairman and the agency agree, as long as the Council asked for them and they are available. Any funds given this way must be spent or committed by the end of the fiscal year after the one in which the Council received them. (2) Within its budget, the Council may buy, rent, or accept donations of additional property, facilities, and services it needs, and may accept donated money for that purpose. The Executive Director may accept, hold, use, spend, and manage that property, those facilities and services, and that money for this division's purposes.

(h) Transferred employees keep their rights. An employee who was in the competitive service and got transferred to the Council under section 207 of the National Historic Preservation^* Act (Public Law 89-665) keeps all the rights, benefits, and privileges of the competitive service that they had before the transfer.

(i) Exemption. The Council does not have to follow chapter 10 of title 5.

(j) Governing law. Subchapter II of chapter 5, and chapter 7, of title 5 govern how the Council operates.