§ 1401. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1401]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER III--MARINE MAMMAL COMMISSION
Sec. 1401. Establishment
(a) Designation
There is hereby established the Marine Mammal Commission (hereafter
referred to in this subchapter as the ``Commission'').
(b) Membership and term of office
(1) Effective September 1, 1982, the Commission shall be composed of
three members who shall be appointed by the President, by and with the
advice and consent of the Senate. The President shall make his selection
from a list of individuals knowledgeable in the fields of marine ecology
and resource management, and who are not in a position to profit from
the taking of marine mammals. Such list shall be submitted to him by the
Chairman of the Council on Environmental Quality and unanimously agreed
to by that Chairman, the Secretary of the Smithsonian Institution, the
Director of the National Science Foundation and the Chairman of the
National Academy of Sciences. No member of the Commission may, during
his period of service on the Commission, hold any other position as an
officer or employee of the United States except as a retired officer or
retired civilian employee of the United States.
(2) The term of office for each member shall be three years; except
that of the members initially appointed to the Commission, the term of
one member shall be for one year, the term of one member shall be for
two years, and the term of one member shall be for three years. No
member is eligible for reappointment; except that any member appointed
to fill a vacancy occurring before the expiration of the term for which
his predecessor was appointed (A) shall be appointed for the remainder
of such term, and (B) is eligible for reappointment for one full term. A
member may serve after the expiration of his term until his successor
has taken office.
(c) Chairman
The President shall designate a Chairman of the Commission
(hereafter referred to in this subchapter as the ``Chairman'') from
among its members.
(d) Compensation; reimbursement for travel expenses
Members of the Commission shall each be compensated at a rate equal
to the daily equivalent of the rate for GS-18 of the General Schedule
under section 5332 of title 5, for each day such member is engaged in
the actual performance of duties vested in the Commission. Each member
shall be reimbursed for travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5 for persons in
Government service employed intermittently.
(e) Executive Director
The Commission shall have an Executive Director, who shall be
appointed (without regard to the provisions of title 5 governing
appointments in the competitive service) by the Chairman with the
approval of the Commission and shall be paid at a rate not in excess of
the rate for GS-18 of the General Schedule under section 5332 of title
5. The Executive Director shall have such duties as the Chairman may
assign.
(Pub. L. 92-522, title II, Sec. 201, Oct. 21, 1972, 86 Stat. 1043; Pub.
L. 97-389, title II, Sec. 202, Dec. 29, 1982, 96 Stat. 1951; Pub. L. 98-
364, title I, Sec. 103(a), July 17, 1984, 98 Stat. 441.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (e), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
Amendments
1984--Subsec. (b)(1). Pub. L. 98-364 substituted ``The President
shall make his selection from a list of individuals knowledgeable in the
fields of marine ecology and resource management, and who are not in a
position to profit from the taking of marine mammals. Such list shall be
submitted to him by the Chairman of the Council on Environmental Quality
and unanimously agreed to by that Chairman, the Secretary of the
Smithsonian Institution, the Director of the National Science Foundation
and the Chairman of the National Academy of Sciences'' for ``The
President shall make his selection from a list, submitted to him by the
Chairman of the Council on Environmental Quality, the Secretary of the
Smithsonian Institution, the Director of the National Science
Foundation, and the Chairman of the National Academy of Sciences, of
individuals knowledgeable in the fields of marine ecology and resource
management, and who are not in a position to profit from the taking of
marine mammals''.
1982--Subsec. (b)(1). Pub. L. 97-389 inserted requirement that,
effective Sept. 1, 1982, the three members of the Commission be
appointed by and with the advice and consent of the Senate.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in section 1378 of this title; title 10
section 7524.
