§ 7802 — Appointment Or Designation Of United States Commissioners

(1) The United States shall be represented on the Commission by not more than 3 Commissioners. In making each appointment, the President shall select a Commissioner from among individuals who are knowledgeable or experienced concerning fishery resources in the South Pacific Ocean. (2) At least 1 of the Commissioners shall be— (A) serving at the pleasure of the President, an officer or employee of— (i) the Department of Commerce; (ii) the Department of State; or (iii) the Coast Guard; and (B) the chairperson or designee of the Council. (b) 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 of a Commissioner appointed under subsection (a). (1) An individual serving as a Commissioner, or as an alternate Commissioner, other than an officer or employee of the United States 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 and chapter 171 of title 28. (2) 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. (A) 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. (B) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. (A) There is established an advisory committee which shall be composed of 7 members appointed by the Secretary as follows: (i) A member engaging in commercial fishing in the management area of the Council. (ii) Two members from the indigenous population of the Pacific, including a Native Hawaiian and a native-born inhabitant of any State in the Pacific. (iii) A member that is a marine fisheries scientist and a member of the Council’s Scientific and Statistical Committee. (iv) A member representing a non-governmental organization active in fishery issues in the Pacific. (v) A member nominated by the Governor of the State of Hawaii. (vi) A member designated by the Council. (B) Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment for not more than 3 consecutive terms. The Commissioners shall notify the Advisory Committee in advance of each meeting of the Commissioners. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs, investigations, reports, recommendations, and regulations of the Commissioners. (i) The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this chapter, the South Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (ii) The Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures. (iii) A majority of the members of the Advisory Committee shall constitute a quorum to conduct business. (iv) (v) In order to reduce the cost of Advisory Committee meetings, the Advisory Committee shall, to the extent practicable, utilize teleconferences and webinars for that purpose. (D) The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fishery resources and international fishery agreements. (A) The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. (B) An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay; and (ii) 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 and chapter 171 of title 28.