Sec. 3. Appointment of United States Commissioner
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The United States shall be represented on the Commission by 1 U.S. Commissioner. The President shall appoint an individual to serve on the Commission at the pleasure of the President. In making an appointment, the President shall select an individual who is knowledgeable or experienced concerning fishery resources in the South Pacific Ocean. The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission.
An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence, for whatever reason, of a Commissioner appointed under subsection (a). An individual serving as a Commissioner, or as an alternate Commissioner, other than an officer or employee of the U.S. Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code and chapter 171 of title 28, United States Code.
An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.
The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. There is established an advisory committee which shall be composed of— not less than 15 nor more than 20 individuals appointed by the Secretary in consultation with the Commissioner, who shall select such individuals from the various groups concerned with the fishery resources covered by the South Pacific Fisheries Convention, providing, to the maximum extent practicable, an equitable balance among such groups; and the chairperson of the Panel or the chairperson’s designee.
Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment. The Commissioner shall notify in advance the Advisory Committee of each meeting of the Commission. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this Act, the South Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ).
The Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures. A majority of the members of the Advisory Committee shall constitute a quorum to conduct business. Meetings of the Advisory Committee, except when in executive session, shall be open to the public. Prior notice of each non-executive meeting shall be made public in a timely fashion. The Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C.
App.). The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fishery resources and international fishery agreements. The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. An individual appointed to serve as a member of the Advisory Committee— shall serve without pay, but while away from the individual’s home or regular place of business in the performance of services for the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service is allowed expenses under section 5703 of title 5, United States Code; and shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code and chapter 171 of title 28, United States Code.
For fishery resources in the Convention Area, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with the Council, that clarifies the role of the Council with respect to— participation in U.S. delegations to international fishery organizations in the Pacific Ocean, including government-to-government consultations; providing formal recommendations to the Secretary and the Secretary of State regarding necessary measures for both domestic and foreign vessels fishing for fishery resources; coordinating positions with the U.S. delegation for presentation to the appropriate international fishery organization; and recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization, for approval and implementation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
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Sec. 3
Appointment of United States Commissioner
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