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16 U.S.C. § 1401Establishment

submitted 54 years ago by Pub. L. 92-522 to r/title-16-CONSERVATION · 478 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes the Marine Mammal Commission and sets rules for its members, chair, pay, travel costs, and Executive Director. The President appoints the members with Senate approval and designates the Chair.

(a) Designation. The Marine Mammal Commission is established. This subchapter calls it the “Commission”. (b) Membership and term of office. (1) Beginning September 1, 1982, the Commission consists of three members appointed by the President with the Senate’s advice and consent. The President must choose from a list of people knowledgeable about marine ecology and resource management who are not positioned to profit from taking marine mammals. The Chairman of the Council on Environmental Quality submits the list. That Chairman, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, and the Chairman of the National Academy of Sciences must agree unanimously to the list. During service, a Commission member may not hold another United States officer or employee position, except as a retired United States officer or civilian employee. (2) Each member’s term is three years. For the first members, one term is one year, one is two years, and one is three years. A member may not be reappointed, except that a member filling a vacancy before the predecessor’s term ends must serve the remainder of that term and may then be reappointed for one full term. A member may continue serving after the term ends until a successor takes office. (c) Chairman. The President must choose a Commission member to be Chair. This subchapter calls that person the “Chairman”. (d) Compensation; reimbursement for travel expenses. Each member receives, for each day spent performing Commission duties, the daily equivalent of the GS-18 General Schedule rate under section 5332 of title 5. Each member must be reimbursed for travel expenses, including a daily subsistence allowance, as section 5703 of title 5 authorizes for people intermittently employed in Government service. (e) Executive Director. The Commission must have an Executive Director. The Chair appoints the Director, without applying title 5 rules for appointments in the competitive service, with the Commission’s approval. The Director may be paid no more than the GS-18 General Schedule rate under section 5332 of title 5. The Director has the duties the Chair assigns.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 92–522, title II, § 201, Oct. 21, 1972, 86 Stat. 1043; Pub. L. 97–389, title II, § 202, Dec. 29, 1982, 96 Stat. 1951; Pub. L. 98–364, title I, § 103(a), July 17, 1984, 98 Stat. 441.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-522 · 86 Stat. 1043
  • 1982Amended · Pub. L. 97-389 · 96 Stat. 1951
  • 1984Amended · Pub. L. 98-364 · 98 Stat. 441

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-522 on 1972-10-21.

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