§ 952. Commissioners

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1950

   Tuna Conventions Act of 1950

   Pub. L. 81–907 § 3 · 64 Stat. 777

   Enacted · 16 U.S.C. § 952

   Sept. 7, 1950, ch. 907, § 3, 64 Stat. 777

   Source evidence

   Code source credit
   Sept. 7, 1950, ch. 907, § 3, 64 Stat. 777

   Enacted provision · exact public law section
   Sec. 3. The United States shall be represented on the two commissions U. S. representation on commissions. by a total of not more than four United States Commissioners, who shall be appointed by the President, serve as such during his pleasure, and receive no compensation for their services as such Commissioners. Of such Commissioners— (a) not more than one shall be a person residing elsewhere than in a State whose vessels maintain a substantial fishery in the areas of the conventions; (b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who is not a salaried employee of a State or of the Federal Government; and (c) at least one shall be an officer of the United States Fish and Wildlife Service.

2. 1992

   International Dolphin Conservation Act of 1992

   Pub. L. 102–523 § 3(a)(1) · 106 Stat. 3425

   Added · 16 U.S.C. § 952(d)

   Pub. L. 102–523 added par. (d)

   Source evidence

   Code amendment note
   Par. (d). Pub. L. 102–523 added par. (d).

   Enacted provision · exact public law section
   (1) in section 3— (A) in paragraph (b) by striking “and” after the semi-colon at the end; (B) in paragraph (c) by striking the period and inserting “; and”; and (C) by adding at the end the following: “(d) at least one shall be chosen from a nongovernmental conservation organization.”; and

3. 1997

   International Dolphin Conservation Program Act

   Pub. L. 105–42 § 7(a) · 111 Stat. 1122

   Changed · 16 U.S.C. § 952(c)

   Pub. L. 105–42, which directed the general amendment of section 3(c) of the Tuna Convention Act, was executed by making the amendment to subsec. (c) of this section, to reflect the probable intent of Congress. Prior to amendment, subsec. (c) read as follows: “at least one shall be an officer of the Department of Commerce; and”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–42, which directed the general amendment of section 3(c) of the Tuna Convention Act, was executed by making the amendment to subsec. (c) of this section, to reflect the probable intent of Congress. Prior to amendment, subsec. (c) read as follows: “at least one shall be an officer of the Department of Commerce; and”.

   Enacted provision · exact public law section
   (a) Section 3(c) of the Tuna Conventions Act (16 U.S.C. 952(c)) is amended to read as follows: “(c) at least one shall be either the Administrator, or an appropriate officer, of the National Marine Fisheries Service; and”.

   Effective date note
   For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

4. 2000

   Pub. L. 106–562 title III § 302 · 114 Stat. 2794

   Inserted · 16 U.S.C. § 952

   Pub. L. 106–562 inserted after first 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.”

   Source evidence

   Code amendment note
   Pub. L. 106–562 inserted after first 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.”

   Enacted provision · exact public law section
   SEC. 302. TUNA CONVENTIONS ACT OF 1950. Section 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952) is amended by inserting before “Of such Commissioners—” the following: “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, United States Code, and chapter 171 of title 28, United States Code”.

5. 2015

   Antigua Convention Implementing Act of 2015

   Pub. L. 114–81 title II § 204 · 129 Stat. 649

   Amended · 16 U.S.C. § 952

   Pub. L. 114–81 amended section generally. Prior to amendment, section related to number, appointment, and qualification of United States Commissioners

   Source evidence

   Code amendment note
   Pub. L. 114–81 amended section generally. Prior to amendment, section related to number, appointment, and qualification of United States Commissioners.

   Enacted provision · exact public law section
   SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.   Section 3 (16 U.S.C. 952) is amended to read as follows: “SEC. 3. COMMISSIONERS. “(a) Commissioners.— The United States shall be represented on the Commission by four United States Commissioners. President. Appointment. Consultation. The President shall appoint individuals to serve on the Commission. The United States Commissioners shall be subject to supervision and removal by the Secretary of State, in consultation with the Secretary. In making the appointments, the President shall select United States Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical Pacific Ocean, one of whom shall be an officer or employee of the Department of Commerce. Not more than two United States Commissioners may be appointed who reside in a State other than a State whose vessels maintain a substantial fishery in the area of the Convention. “(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 or of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers and duties of a United States Commissioner in the absence of any United States 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) Administrative Matters.— “(1) Employment status.— Individuals serving as United States Commissioners, other than officers or employees of the United States Government, shall not be considered Federal employees 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. “(2) 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 United States Commissioners or Alternate Commissioners. “(3) Travel expenses.— “(A) The Secretary of State shall pay the necessary travel expenses of United States Commissioners and Alternate United States Commissioners to meetings of the Inter-American Tropical Tuna Commission and other meetings the Secretary of State deems necessary to fulfill their duties, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. “(B) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.” .

5 of 5 references resolved to an enrolled provision