---
kind: "section"
citation: "16 U.S.C. § 1423d"
title: "16"
title_heading: "Conservation"
number: "1423d"
heading: "Commission appointments; compensation, travel expenses, and claims"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1423d"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter VI — Polar Bears"
---

# §1423d. Commission appointments; compensation, travel expenses, and claims

- (a) **Appointment of United States commissioners—**
  - (1) **Appointment—** The [United States](/usc/16/1362.md?p=14) commissioners on the [Commission](/usc/16/1423.md?p=7) shall be appointed by the President, in accordance with paragraph 2 of article 8 of the [Agreement](/usc/16/1423.md?p=1), after [taking](/usc/16/1423.md?p=6) into consideration the recommendations of—
    - (A) the [Secretary](/usc/16/1423.md?p=5);
    - (B) the Secretary of State; and
    - (C) the [Alaska Nanuuq Commission](/usc/16/1423.md?p=2).
  - (2) **Qualifications—** With respect to the [United States](/usc/16/1362.md?p=14) commissioners appointed under this subsection, in accordance with paragraph 2 of article 8 of the [Agreement](/usc/16/1423.md?p=1)—
    - (A) 1 [United States](/usc/16/1362.md?p=14) commissioner shall be an official of the Federal Government;
    - (B) 1 [United States](/usc/16/1362.md?p=14) commissioner shall be a representative of the [Native](/usc/16/3102.md?p=16) people of Alaska, and, in particular, the [Native](/usc/16/3102.md?p=16) people for whom polar bears are an integral part of their culture; and
    - (C) both commissioners shall be knowledgeable of, or have expertise in, polar bears.
  - (3) **Service and term—** Each [United States](/usc/16/1362.md?p=14) commissioner shall serve—
    - (A) at the pleasure of the President; and
    - (B) for an initial 4-year term and such additional terms as the President shall determine.
  - (4) **Vacancies—**
    - (A) **In general—** Any individual appointed to fill a vacancy occurring before the expiration of any term of [office](/usc/16/1421h.md?p=5) of a [United States](/usc/16/1362.md?p=14) commissioner shall be appointed for the remainder of that term.
    - (B) **Manner—** Any vacancy on the [Commission](/usc/16/1423.md?p=7) shall be filled in the same manner as the original appointment.
- (b) **Alternate commissioners—**
  - (1) **In general—** The [Secretary](/usc/16/1423.md?p=5), in consultation with the Secretary of State and the [Alaska Nanuuq Commission](/usc/16/1423.md?p=2), shall designate an alternate commissioner for each member of the [United States](/usc/16/1362.md?p=14) section.
  - (2) **Duties—** In the absence of a [United States](/usc/16/1362.md?p=14) commissioner, an alternate commissioner may exercise all functions of the [United States](/usc/16/1362.md?p=14) commissioner at any meetings of the [Commission](/usc/16/1423.md?p=7) or of the [United States](/usc/16/1362.md?p=14) section.
  - (3) **Reappointment—** An alternate commissioner—
    - (A) shall be eligible for reappointment by the President; and
    - (B) may attend all meetings of the [United States](/usc/16/1362.md?p=14) section.
- (c) **Duties—** The members of the [United States](/usc/16/1362.md?p=14) section may carry out the functions and responsibilities described in article 8 of the [Agreement](/usc/16/1423.md?p=1) in accordance with this subchapter and the [Agreement](/usc/16/1423.md?p=1).
- (d) **Compensation and expenses—**
  - (1) **Compensation—** A member of the [United States](/usc/16/1362.md?p=14) section shall serve without compensation.
  - (2) **Travel expenses—** A member of the [United States](/usc/16/1362.md?p=14) section shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of [chapter 57](/usc/5/chptIII/sptD/ch57.md) of title 5 while away from the home or regular place of business of the member in the performance of the duties of the [United States](/usc/16/1362.md?p=14)-Russia Polar Bear [Commission](/usc/16/1423.md?p=7).
- (e) **Agency designation—** The [United States](/usc/16/1362.md?p=14) section shall, for the purpose of [title 28](/usc/28.md) relating to claims against the [United States](/usc/16/1362.md?p=14) and tort claims procedure, be considered to be a Federal agency.

## Source credit

(Pub. L. 92–522, title V, § 505, as added Pub. L. 109–479, title IX, § 902(a), Jan. 12, 2007, 120 Stat. 3663.)