16 U.S.C. § 7802 — Appointment or designation of United States Commissioners

(a) Appointment.
(1) In general. The United States can have up to 3 Commissioners on the Commission^*. The President must pick each one from people who know about, or have experience with, fishery resources^* in the South Pacific Ocean.
(2) Representation. At least one Commissioner must both (A) currently work for the Department of Commerce, the Department of State^*, or the Coast Guard, serving at the President's pleasure, and (B) be the chairperson of the Council^* or the chairperson's designee.

(b) Alternate Commissioners. The Secretary^* of State, after talking with the Secretary, may name an alternate Commissioner from time to time, for whatever period seems right. An alternate can use all the powers of a Commissioner when a Commissioner isn't available.

(c) Administrative matters.
(1) Employment status. A Commissioner or alternate who isn't already a federal officer or employee is not treated as a federal employee — except for purposes of injury pay or tort-claim liability rules that apply to federal workers.
(2) Compensation. Commissioners and alternates count as U.S. officers while serving, but they get no pay for that service.
(3) Travel expenses. The Secretary of State pays their necessary travel expenses under standard federal travel rules, and the Secretary (of the agency involved) may reimburse the Secretary of State for those costs.

(d) Advisory Committee.
(1) Establishment. A permanent 7-member advisory committee is created. The Secretary appoints: one commercial fisher from the Council's management area; two people from the Pacific's indigenous population, including a Native Hawaiian and a native-born resident of a Pacific state; one marine fisheries scientist who also sits on the Council's Scientific and Statistical Committee; one person^* from a nongovernmental organization active in Pacific fishery issues; one person nominated by Hawaii's Governor; and one person picked by the Council. Members serve 2-year terms and can be reappointed up to three more times. The Commissioners must notify the Advisory Committee before each of their meetings, and Committee members may attend, examine, and speak on any proposed programs, investigations, reports, recommendations, or regulations. The Committee sets its own organization and procedures for its work under this chapter, the South Pacific Fisheries Convention, and the Magnuson-Stevens Act, and must publish those procedures for the public. A majority of members makes a quorum. Meetings must be open to the public, except executive sessions, and the public must get advance notice of open meetings. This Committee is not covered by the Federal Advisory Committee Act. To save money, the Committee should use teleconferences and webinars when practical.
(2) Administrative matters. The Secretary must give the Committee the administrative and technical support it needs to work effectively. Committee members serve without pay and are not treated as federal employees, except for injury pay or tort-claim liability purposes.