§ 1401. Establishment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Mammal Protection Act of 1972

   Pub. L. 92–522 title II § 201 · 86 Stat. 1027

   Enacted · 16 U.S.C. § 1401

   Pub. L. 92–522, title II, § 201, Oct. 21, 1972, 86 Stat. 1043

   Source evidence

   Code source credit
   Pub. L. 92–522, title II, § 201, Oct. 21, 1972, 86 Stat. 1043

   Enacted provision · exact public law section
   Sec. 201. establishment of commission (a) There is hereby established the Marine Mammal Commission (hereafter referred to in this title as the “Commission”). (b) (1) The Commission shall be composed of three members who Membership. shall be appointed by the President. 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. 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 Term. 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 lie 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) The President shall designate a Chairman of the Commission Chairman. (hereafter referred to in this title as the “Chairman”) from among its members. (d) Members of the Commission shall each be compensated at a rate Compensation. equal to the daily equivalent of the rate for GS–18 of the General Schedule under section 5332 of title 5, United States Code, for each day 5 USC 5332 note. 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 sect ion 5703 of title 5, United States Code, for persons in Government service 80 Stat. 499; 83 Stat. 190. employed intermittently. (e) The Commission shall have an Executive Director, who shall be Executive Director. appointed (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service) by the 5 USC 101 et seq. 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, United States Code. The Executive Director shall have such duties as the Chairman may assign.

2. 1982

   Fisheries Amendments of 1982

   Pub. L. 97–389 title II § 202 · 96 Stat. 1949

   Inserted · 16 U.S.C. § 1401(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 202. The first sentence of section 201(b)(1) of the Act of Effective date. October 21, 1972 (16 U.S.C. 1401(b)(1)), is amended to read as follows: “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.”.

3. 1984

   Pub. L. 98–364 title I § 103(a) · 98 Stat. 440

   Substituted · 16 U.S.C. § 1401(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (a) Section 201(b)(1) of the Marine Mammal Act of 1972 President of U.S. (16 U.S.C. 1401(b)(1)) is amended by striking the second sentence thereof and inserting in lieu thereof the following: “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.”.

3 of 3 references resolved to an enrolled provision