§1401 Establishment

Summary

Creates the Marine Mammal Commission and sets how it works. Starting September 1, 1982, the Commission must have three members chosen by the President with the Senate’s approval. The President must pick from a list sent by the Chair of the Council on Environmental Quality that the Chair, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, and the Chair of the National Academy of Sciences all agree on. Members must know marine ecology and resource management and must not be able to profit from taking marine mammals. Members cannot hold other U.S. officer or employee jobs while serving, except as retired federal employees. Terms are three years, with the first three staggered at one, two, and three years. Members are not normally reappointed, but someone who fills a vacancy serves the rest of that term and may be reappointed once. The President names one member as Chairman. Each member is paid the daily equivalent of GS–18 under section 5332 of title 5 when working and is reimbursed for travel and per diem under section 5703 of title 5. The Chairman, with the Commission’s approval, hires an Executive Director outside the usual competitive hiring rules in title 5. The Executive Director may be paid up to the GS–18 rate under section 5332 of title 5 and works as the Chairman assigns.