19 U.S.C. § 1330 : US Code - Section 1330: Organization of Commission

    (a) Membership
      The United States International Trade Commission (referred to in
    this subtitle as the "Commission") shall be composed of six
    commissioners who shall be appointed by the President, by and with
    the advice and consent of the Senate. No person shall be eligible
    for appointment as a commissioner unless he is a citizen of the
    United States, and, in the judgment of the President, is possessed
    of qualifications requisite for developing expert knowledge of
    international trade problems and efficiency in administering the
    duties and functions of the Commission. A person who has served as
    a commissioner for more than 5 years (excluding service as a
    commissioner before January 3, 1975) shall not be eligible for
    reappointment as a commissioner. Not more than three of the
    commissioners shall be members of the same political party, and in
    making appointments members of different political parties shall be
    appointed alternately as nearly as may be practicable.
    (b) Terms of office
      The terms of office of the commissioners holding office on
    January 3, 1975, which (but for this sentence) would expire on June
    16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16,
    1979, and June 16, 1980, shall expire on December 16, 1976, June
    16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and
    June 16, 1984, respectively. The term of office of each
    commissioner appointed after such date shall expire 9 years from
    the date of the expiration of the term for which his predecessor
    was appointed, except that - 
        (1) any commissioner appointed to fill a vacancy occurring
      prior to the expiration of the term for which his predecessor was
      appointed shall be appointed for the remainder of such term, and
        (2) any commissioner may continue to serve as a commissioner
      after an expiration of his term of office until his successor is
      appointed and qualified.
    (c) Chairman and vice chairman; quorum
      (1) The chairman and the vice chairman of the Commission shall be
    designated by the President from among the members of the
    Commission not ineligible, under paragraph (3), for designation.
    The President shall notify the Congress of his designations under
    this paragraph. If, as of the date on which a term begins under
    paragraph (2), the President has not designated the chairman of the
    Commission for such term, the Commissioner (!1) who, as of such
    date - 

        (A) is a member of a different political party than the
      chairman of the Commission for the immediately preceding term,
      and
        (B) has the longest period of continuous service as a
      commissioner,

    shall serve as chairman of the Commission for the portion of such
    term preceding the date on which an individual designated by the
    President takes office as chairman.
      (2) After June 16, 1978, the terms of office for the chairman and
    vice chairman of the Commission shall be as follows:
        (A) The first term of office occurring after such date shall
      begin on June 17, 1978, and end at the close of June 16, 1980.
        (B) Each term of office thereafter shall begin on the day after
      the closing date of the immediately preceding term of office and
      end at the close of the 2-year period beginning on such day.

      (3)(A) The President may not designate as the chairman of the
    Commission for any term any commissioner who is a member of the
    political party of which the chairman of the Commission for the
    immediately preceding term is a member, or who has less than 1 year
    of continuous service as a commissioner as of the date such
    designation is being made.
      (B) The President may not designate as the vice chairman of the
    Commission for any term any commissioner who is a member of the
    political party of which the chairman for that term is a member.
      (C) If any commissioner does not complete a term as chairman or
    vice chairman by reason of death, resignation, removal from office
    as a commissioner, or expiration of his term of office as a
    commissioner, the President shall designate as the chairman or vice
    chairman, as the case may be, for the remainder of such term a
    commissioner who is a member of the same political party.
    Designation of a chairman under this subparagraph may be made
    without regard to the 1-year continuous service requirement under
    subparagraph (A).
      (4) The vice chairman shall act as chairman in case of the
    absence or disability of the chairman. During any period in which
    there is no chairman or vice chairman, the commissioner having the
    longest period of continuous service as a commissioner shall act as
    chairman.
      (5) No commissioner shall actively engage in any business,
    vocation, or employment other than that of serving as a
    commissioner.
      (6) A majority of the commissioners in office shall constitute a
    quorum, but the Commission may function notwithstanding vacancies.
    (d) Effect of divided vote in certain cases
      (1) In a proceeding in which the Commission is required to
    determine - 
        (A) under section 2252 of this title, whether increased imports
      of an article are a substantial cause of serious injury, or the
      threat thereof, as described in subsection (b)(1) of that section
      (hereafter in this subsection referred to as "serious injury"),
      or
        (B) under section 2436 of this title, whether market disruption
      exists.

    and the commissioners voting are equally divided with respect to
    such determination, then the determination, agreed upon by either
    group of commissioners may be considered by the President as the
    determination of the Commission.
      (2) If under section 2252(b) or 2436 of this title there is an
    affirmative determination of the Commission, or a determination of
    the Commission which the President may consider an affirmative
    determination under paragraph (1), that serious injury or market
    disruption exists, respectively, and a majority of the
    commissioners voting are unable to agree on a finding or
    recommendation described in section 2252(e)(1) of this title or the
    finding described in section 2436(a)(3) of this title, as the case
    may be (hereafter in this subsection referred to as a "remedy
    finding"), then - 
        (A) if a plurality of not less than three commissioners so
      voting agree on a remedy finding, such remedy finding shall, for
      purposes of section 2253 of this title, be treated as the remedy
      finding of the Commission, or
        (B) if two groups, both of which include not less than 3
      commissioners, each agree upon a remedy finding and the President
      reports under section 2254(a) of this title that - 
          (i) he is taking the action agreed upon by one such group,
        then the remedy finding agreed upon by the other group shall,
        for purposes of section 2253 of this title, be treated as the
        remedy finding of the Commission, or
          (ii) he is taking action which differs from the action agreed
        upon by both such groups, or that he will not take any action,
        then the remedy finding agreed upon by either such group may be
        considered by the Congress as the remedy finding of the
        Commission and shall, for purposes of section 2253 of this
        title, be treated as the remedy finding of the Commission.

      (3) In any proceeding to which paragraph (1) applies in which the
    commissioners voting are equally divided on a determination that
    serious injury exists, or that market disruption exists, the
    Commission shall report to the President the determination of each
    group of commissioners. In any proceeding to which paragraph (2)
    applies, the Commission shall report to the President the remedy
    finding of each group of commissioners voting.
      (4) In a case to which paragraph (2)(B)(ii) applies, for purposes
    of section 2253(a) of this title, notwithstanding section
    2192(a)(1)(A) of this title, the second blank space in the joint
    resolution described in such section 2192(a)(1)(A) of this title
    shall be filled with the appropriate date and the following: "The
    action which shall take effect under section 203(a) of the Trade
    Act of 1974 is the finding or recommendation agreed upon by
    Commissioners _______, _______, and ______." The three blank spaces
    shall be filled with the names of the appropriate Commissioners.
      (5) Whenever, in any case in which the Commission is authorized
    to make an investigation upon its own motion, upon complaint, or
    upon application of any interested party, one-half of the number of
    commissioners voting agree that the investigation should be made,
    such investigation shall thereupon be carried out in accordance
    with the statutory authority covering the matter in question.
    Whenever the Commission is authorized to hold hearings in the
    course of any investigation and one-half of the number of
    commissioners voting agree that hearings should be held, such
    hearings shall thereupon be held in accordance with the statutory
    authority covering the matter in question.
    (e) Authorization of appropriations
      (1) For the fiscal year beginning October 1, 1976, and each
    fiscal year thereafter, there are authorized to be appropriated to
    the Commission only such sums as may hereafter be provided by law.
      (2)(A) There are authorized to be appropriated to the Commission
    for necessary expenses (including the rental of conference rooms in
    the District of Columbia and elsewhere) not to exceed the
    following:
        (i) $54,000,000 for fiscal year 2003.
        (ii) $57,240,000 for fiscal year 2004.

      (B) Not to exceed $2,500 of the amount authorized to be
    appropriated for any fiscal year under subparagraph (A) may be
    used, subject to the approval of the Chairman of the Commission,
    for reception and entertainment expenses.
      (C) No part of any sum that is appropriated under the authority
    of subparagraph (A) may be used by the Commission in the making of
    any special study, investigation, or report that is requested by
    any agency of the executive branch unless that agency reimburses
    the Commission for the cost thereof.
      (3) There are authorized to be appropriated to the Commission for
    each fiscal year after September 30, 1977, in addition to any other
    amount authorized to be appropriated for such fiscal year, such
    sums as may be necessary for increases authorized by law in salary,
    pay, retirement, and other employee benefits.
      (4) By not later than the date on which the President submits to
    Congress the budget of the United States Government for a fiscal
    year, the Commission shall submit to the Committee on Ways and
    Means of the House of Representatives and the Committee on Finance
    of the Senate the projected amount of funds for the succeeding
    fiscal year that will be necessary for the Commission to carry out
    its functions.
    (f) Treatment of Commission under Paperwork Reduction Act
      The Commission shall be considered to be an independent
    regulatory agency for purposes of chapter 35 of title 44.