33 USC 4212 - Board of Directors of the Foundation

U.S Code last checked for updates: May 15, 2024

§ 4212.

Board of Directors of the Foundation

(a)

Establishment and membership

(1)

In general

(2)

Representation of diverse points of view

(3)

Not Federal employees

(b)

Appointment and terms

(1)

Appointment

Subject to paragraph (2), after consulting with the EPA Administrator, the Director of the United States Fish and Wildlife Service, the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, and the Administrator of the United States Agency for International Development, and considering the recommendations submitted by the Board, the Under Secretary shall appoint 12 Directors who meet the criteria established by subsection (a), of whom—

(A)

at least 4 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris, which may include an individual with expertise in post-consumer materials management or a circular economy;

(B)

at least 2 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris outside the United States;

(C)

at least 2 shall be educated or experienced in ocean and coastal resource conservation science or policy; and

(D)

at least 2 shall be educated or experienced in international trade or foreign policy.

(2)

Terms

(A)

In general

(B)

Initial appointments to new member positions

Of the Directors appointed by the Under Secretary under paragraph (1), the Under Secretary shall appoint, not later than 180 days after December 18, 2020—

(i)

4 Directors for a term of 6 years;

(ii)

4 Directors for a term of 4 years; and

(iii)

4 Directors for a term of 2 years.

(3)

Vacancies

(A)

In general

(B)

Term of appointments to fill unexpired terms

(4)

Reappointment

(5)

Consultation before removal

(c)

Chairman

(d)

Quorum

(e)

Meetings

(f)

Reimbursement of expenses

(g)

General powers

(1)

In general

The Board may complete the organization of the Foundation by—

(A)

appointing officers and employees;

(B)

adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this subchapter; and

(C)

undertaking of other such acts as may be necessary to carry out the provisions of this subchapter.

(2)

Limitations on appointment

The following limitations apply with respect to the appointment of officers and employees of the Foundation:

(A)

Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

(B)

The first officer or employee appointed by the Board shall be the Secretary of the Board who—

(i)

shall serve, at the direction of the Board, as its chief operating officer; and

(ii)

shall be knowledgeable and experienced in matters relating to the assessment, prevention, reduction, and removal of marine debris.

(Pub. L. 116–224, title I, § 112, Dec. 18, 2020, 134 Stat. 1075.)

cite as: 33 USC 4212