Applicability of Executive Order No. 12674 to Personnel of Regional Fishery Management Councils: Memorandum to Ginger Lew, General Counsel, Department of Commerce [December 9, 1993] [open pdf - 44KB]
This memorandum responds to your request for our opinion whether Executive Order No. 12674, 3 C.F.R. 215 (1989 Comp.) (Order), and the regulations implementing it apply to officials of the Regional Fishery Management Councils (Councils) established under the Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882 (Magnuson Act or FCMA). The officials in question are the Council members appointed by the Secretary of Commerce (Secretary) and the Councils' executive directors and administrative employees. We conclude that, under the unusual statutory scheme of the Magnuson Act, appointed Council members and the other Council personnel under consideration are not Executive Branch 'employees' subject to the Order."
United States. Department of Justice: http://www.justice.gov/