15 U.S.C. § 4103 — Duties of Commission; publication of

Page 2107 TITLE 15—COMMERCE AND TRADE § 4103 Management Plans of the Bering Sea and Aleutian Is- lands Management Area and the Arctic Management Area. Consistent with existing law, the National Oce- anic and Atmospheric Administration, in coordination with the North Pacific Fishery Management Council, shall take such actions as are necessary to support the policy set forth in section 2 of this order, including ac- tions to maintain the existing prohibitions on the use of commercial non-pelagic trawl gear. SEC. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to a department, agency, or the head thereof; or (2) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistently with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The policies set forth in this order are consistent with existing U.S. obligations under international law and nothing in this order shall be construed to derogate from obligations under applicable international law. [BARACK OBAMA.] § 4102. Arctic Research Commission (a) Establishment The President shall establish an Arctic Re- search Commission (hereafter referred to as the ‘‘Commission’’). (b) Membership (1) The Commission shall be composed of seven members appointed by the President, with the Director of the National Science Foundation serving as a nonvoting, ex officio member. The members appointed by the President shall in- clude— (A) four members appointed from among in- dividuals from academic or other research in- stitutions with expertise in areas of research relating to the Arctic, including the physical, biological, health, environmental, social, and behavioral sciences; (B) one member appointed from among in- digenous residents of the Arctic who are rep- resentative of the needs and interests of Arc- tic residents and who live in areas directly af- fected by Arctic resource development; and (C) two members appointed from among in- dividuals familiar with the Arctic and rep- resentative of the needs and interests of pri- vate industry undertaking resource develop- ment in the Arctic. (2) The President shall designate one of the ap- pointed members of the Commission to be chair- person of the Commission. (c) Terms of office; vacancies; hold-over status (1) Except as provided in paragraph (2) of this subsection, the term of office of each member of the Commission appointed under subsection (b)(1) shall be four years. (2) Of the members of the Commission origi- nally appointed under subsection (b)(1)— (A) one shall be appointed for a term of two years; (B) two shall be appointed for a term of three years; and (C) two shall be appointed for a term of four years. (3) Any vacancy occurring in the membership of the Commission shall be filled, after notice of the vacancy is published in the Federal Reg- ister, in the manner provided by the preceding provisions of this section, for the remainder of the unexpired term. (4) A member may serve after the expiration of the member’s term of office until the President appoints a successor. (5) A member may serve consecutive terms be- yond the member’s original appointment. (d) Compensation and travel expenses; Federal employee status; meetings; observer-des- ignees (1) Members of the Commission may be al- lowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. A member of the Commission not pres- ently employed for compensation shall be com- pensated 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 the member is engaged in the actual performance of his duties as a member of the Commission, not to exceed 90 days of service each year. Except for the purposes of chapter 81 of title 5 (relating to compensation for work injuries) and chapter 171 of title 28 (relating to tort claims), a member of the Commission shall not be considered an employee of the United States for any purpose. (2) The Commission shall meet at the call of its Chairman or a majority of its members. (3) Each Federal agency referred to in section 4106(b) of this title may designate a representa- tive to participate as an observer with the Com- mission. These representatives shall report to and advise the Commission on the activities re- lating to Arctic research of their agencies. (4) The Commission shall conduct at least one public meeting in the State of Alaska annually. (Pub. L. 98–373, title I, § 103, July 31, 1984, 98 Stat. 1243; Pub. L. 101–609, §§ 2, 3, Nov. 16, 1990, 104 Stat. 3125.) Editorial Notes AMENDMENTS 1990—Subsec. (b)(1). Pub. L. 101–609, § 2, in introduc- tory provisions, substituted ‘‘seven’’ for ‘‘five’’, in sub- par. (A), substituted ‘‘four’’ for ‘‘three’’, and in subpar. (C), substituted ‘‘two members’’ for ‘‘one member’’. Subsec. (d)(1). Pub. L. 101–609, § 3, substituted ‘‘GS–18’’ for ‘‘GS–16’’. Statutory Notes and Related Subsidiaries 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 Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4103. Duties of Commission; publication of guidelines; report to Congress (a) The Commission shall— Page 2108 TITLE 15—COMMERCE AND TRADE § 4104 (1) develop and recommend an integrated na- tional Arctic research policy; (2) in cooperation with the Interagency Arc- tic Research Policy Committee established under section 4106 of this title, assist in estab- lishing a national Arctic research program plan to implement the Arctic research policy; (3) facilitate cooperation between the Fed- eral Government and State and local govern- ments with respect to Arctic research; (4) review Federal research programs in the Arctic and recommend improvements in co- ordination among programs; (5) recommend methods to improve logistical planning and support for Arctic re- search as may be appropriate and in accord- ance with the findings and purposes of this chapter; (6) recommend methods for improving effi- cient sharing and dissemination of data and information on the Arctic among interested public and private institutions; (7) offer other recommendations and advice to the Interagency Committee established under section 4106 of this title as it may find appropriate; (8) cooperate with the Governor of the State of Alaska and with agencies and organizations of that State which the Governor may des- ignate with respect to the formulation of Arc- tic research policy; (9) recommend to the Interagency Com- mittee the means for developing international scientific cooperation in the Arctic; and (10) not later than January 31, 1991, and every 2 years thereafter, publish a statement of goals and objectives with respect to Arctic research to guide the Interagency Committee established under section 4106 of this title in the performance of its duties. (b) Not later than January 31 of each year, the Commission shall submit to the President and to the Congress a report describing the activi- ties and accomplishments of the Commission during the immediately preceding fiscal year. (Pub. L. 98–373, title I, § 104, July 31, 1984, 98 Stat. 1244; Pub. L. 101–609, § 4, Nov. 16, 1990, 104 Stat. 3125.) Editorial Notes AMENDMENTS 1990—Subsec. (a)(4), (6). Pub. L. 101–609, § 4(a)(1), (2), substituted ‘‘recommend’’ for ‘‘suggest’’. Subsec. (a)(9), (10). Pub. L. 101–609, § 4(a)(3)–(5), added pars. (9) and (10). Subsec. (b). Pub. L. 101–609, § 4(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘Not later than January 31 of each year, the Com- mission shall— ‘‘(1) publish a statement of goals and objectives with respect to Arctic research to guide the Inter- agency Committee established under section 4106 of this title in the performance of its duties; and ‘‘(2) submit to the President and to the Congress a report describing the activities and accomplishments of the Commission during the immediately preceding fiscal year.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to submitting an- nual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 155 of House Document No. 103–7. § 4104. Cooperation with Commission (a) Acquisition of information from Federal agencies; withholding authorization (1) The Commission may acquire from the head of any Federal agency unclassified data, re- ports, and other nonproprietary information with respect to Arctic research in the possession of the agency which the Commission considers useful in the discharge of its duties. (2) Each agency shall cooperate with the Com- mission and furnish all data, reports, and other information requested by the Commission to the extent permitted by law; except that no agency need furnish any information which it is per- mitted to withhold under section 552 of title 5. (b) Utilization of facilities and services; reim- bursement; avoidance of duplication With the consent of the appropriate agency head, the Commission may utilize the facilities and services of any Federal agency to the extent that the facilities and services are needed for the establishment and development of an Arctic research policy, upon reimbursement to be agreed upon by the Commission and the agency head and taking every feasible step to avoid du- plication of effort. (c) Consultations with Commission prior to major Federal actions All Federal agencies shall consult with the Commission before undertaking major Federal actions relating to Arctic research. (Pub. L. 98–373, title I, § 105, July 31, 1984, 98 Stat. 1245.) § 4105. Administration The Commission may— (1) in accordance with the civil service laws and subchapter III of chapter 53 of title 5, ap- point and fix the compensation of an Execu- tive Director and necessary additional staff personnel, but not to exceed a total of seven compensated personnel; (2) procure temporary and intermittent serv- ices as authorized by section 3109 of title 5; (3) enter into contracts and procure supplies, services, and personal property; (4) enter into agreements with the General Services Administration for the procurement of necessary financial and administrative serv- ices, for which payment shall be made by re- imbursement from funds of the Commission in amounts to be agreed upon by the Commission and the Administrator of the General Services Administration; and (5) appoint, and accept without compensa- tion the services of, scientists and engineering specialists to be advisors to the Commission. Each advisor may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. Except for the purposes of chapter 81 of title 5 (relating to compensation for work injuries) and chap- ter 171 of title 28 (relating to tort claims), an advisor appointed under this paragraph shall