15 U.S.C. § 4102 — Arctic Research Commission

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—