§ 971a. — Commissioners.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC971a]
TITLE 16--CONSERVATION
CHAPTER 16A--ATLANTIC TUNAS CONVENTION
Sec. 971a. Commissioners
(a) Appointment and number; selection of Chairman; rules of procedure;
term
(1) The United States shall be represented by not more than three
Commissioners who shall serve as delegates of the United States on the
Commission, and who may serve on the Council and Panels of the
Commission as provided for in the Convention. Such Commissioners shall
be appointed by and serve at the pleasure of the President. Not more
than one such Commissioner shall be a salaried employee of any State or
political subdivision thereof, or the Federal Government. Individuals
serving as such Commissioners shall not be considered to be Federal
employees while performing such service, except for purposes of injury
compensation or tort claims liability as provided in chapter 81 of title
5 and chapter 171 of title 28. The Commissioners shall be entitled to
select a Chairman and to adopt such rules of procedure as they find
necessary.
(2) Of the Commissioners appointed under paragraph (1) who are not
governmental employees--
(A) one shall be appointed from among individuals with knowledge
and experience regarding commercial fishing in the Atlantic Ocean,
Gulf of Mexico, or Caribbean Sea; and
(B) one shall be appointed from among individuals with knowledge
and experience regarding recreational fishing in the Atlantic Ocean,
Gulf of Mexico, or Caribbean Sea.
(3)(A) The term of a Commissioner shall be three years.
(B) An individual appointed in accordance with paragraph (2) shall
not be eligible to serve more than two consecutive terms as a
Commissioner.
(b) Alternate Commissioners
The Secretary of State, in consultation with the Secretary, may
designate from time to time and for periods of time deemed appropriate
Alternate United States Commissioners to the Commission. Any Alternate
United States Commissioner may exercise at any meeting of the
Commission, Council, any Panel, or the advisory committee established
pursuant to section 971b of this title, all powers and duties of a
United States Commissioner in the absence of any Commissioner appointed
pursuant to subsection (a) of this section for whatever reason. The
number of such Alternate United States Commissioners that may be
designated for any such meeting shall be limited to the number of United
States Commissioners appointed pursuant to subsection (a) of this
section who will not be present at such meeting.
(c) Compensation
The United States Commissioners or Alternate Commissioners, although
officers of the United States while so serving, shall receive no
compensation for their services as such Commissioners or Alternate
Commissioners.
(d) Travel expenses
(1) The Secretary of State shall pay the necessary travel expenses
of United States Commissioners, Alternate United States Commissioners,
and authorized advisors in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5.
(2) The Secretary may reimburse the Secretary of State for amounts
expended by the Secretary of State under this subsection.
(Pub. L. 94-70, Sec. 3, Aug. 5, 1975, 89 Stat. 385; Pub. L. 101-627,
title II, Secs. 201(a), 203, Nov. 28, 1990, 104 Stat. 4459, 4460; Pub.
L. 106-562, title III, Sec. 303, Dec. 23, 2000, 114 Stat. 2806.)
Amendments
2000--Subsec. (a)(1). Pub. L. 106-562 inserted before last sentence
``Individuals serving as such Commissioners shall not be considered to
be Federal employees while performing such service, except for purposes
of injury compensation or tort claims liability as provided in chapter
81 of title 5 and chapter 171 of title 28.''
1990--Subsec. (a). Pub. L. 101-627, Sec. 201(a), designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (d). Pub. L. 101-627, Sec. 203, added subsec. (d).
Limitations on Appointments of Commissioners; Application to Current
Commissioners
Section 201(b) of title II of Pub. L. 101-627 provided that:
``(1) Paragraph (2) of section 3(a) of the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971a(a)), as added by this section, shall not
apply to reappointment of an individual as a United States Commissioner
of the International Commission for the Conservation of Atlantic Tunas
(hereinafter in this title [enacting section 971b-1 of this title,
amending this section and sections 971b, 971d, and 971h of this title,
and enacting provisions set out as a note below] referred to as a
`Commissioner') if that individual is serving in that position on the
date of enactment of this Act [Nov. 28, 1990].
``(2) An individual serving a term as a Commissioner on the date of
enactment of this Act shall not, by reason of that term of service, be
ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section,
for reappointment as a Commissioner.''
Termination of Current Terms and Completion of Pending Appointments
Section 202 of Pub. L. 101-627 provided that: ``The term as
Commissioner of each individual serving in that position on the date of
enactment of this Act [Nov. 28, 1990] shall terminate March 1, 1991. Not
later than that date, the President shall complete appointment (or
reappointment) of individuals to serve as Commissioners on and after
that date.''
