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
(A) is a member of a different political party than the
chairman of the Commission for the immediately preceding term,
(B) has the longest period of continuous service as a
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
(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
(5) No commissioner shall actively engage in any business,
vocation, or employment other than that of serving as a
(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
(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"),
(B) under section 2436 of this title, whether market disruption
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
(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
(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.