C. UNITED STATES INTERNATIONAL TRADE COMMISSION 1. Organization, General Powers, Procedures Sections 330, 331, 333-335, and 339 of the Tariff Act of 1930, as amended [19 U.S.C. 1330 et seq.; P.L. 71-361, as amended by Act of June 25, 1936, Act of June 25, 1948, Act of May 24, 1949, Act of Aug. 7, 1953, P.L. 85-686, P.L. 91-452, P.L. 93-618, P.L. 94-455, P.L. 95–106, P.L. 95-430, P.L. 97-456, P.L. 98-573, P.L. 99-272, P.L. 100-203, P.L. 100-418, P.L. 100-647, P.L. 101-207, P.L. 101-382, and P.L. 102185] SEC. 330. ORGANIZATION OF COMMISSION. (a) MEMBERSHIP.-The United States International Trade Commission (referred to in this Act 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 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.1 (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. (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. 1 Effective with respect to terms beginning on or after June 17, 1990. Effective with respect to the terms that begin on or after June 17, 1996, the following changes (indicated by italics) will be made to section 330(cX3XA) and (C) of the Tariff Act of 1930: (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 Com mission 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. (C) If any commissioner does not complete the 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 (Ã). (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 202 of the Trade Act of 1974, 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 406 of such Act, 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 202(b) or 406 of the Trade Act of 1974 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 202(e)(1) of such Act or the finding described in section 406(a)(3) of such Act, 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 203 of such Act, 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 204(a) of such Act 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 203 of such Act, 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 203 of such Act, 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 203(a) of the Trade Act of 1974, notwithstanding section 152(a)(1)(A) of such Act, the second blank space in the concurrent resolution described in such section 152 shall be filled with the appropriate date and the following: "The action which shall take effect under section 203(c)(1) 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 foliowing: (i) $41,170,000 for fiscal year 1991. (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. (f) The Commission shall be considered to be an independent regulatory agency for purposes of chapter 35 of title 44, United States Code. SEC. 331. GENERAL POWERS. (a) ADMINISTRATION. (1) Except as provided in paragraph (2), the chairman of the Commission, shall (A) appoint amd fix the compensation of such employees of the Commission as he deems necessary (other than the personal staff of each commissioner), including the secretary. (B) procure the services of experts and consultants in accordance with the provisions of section 3109 of Title 5, and (C) exercise and be responsible for all other administrative functions of the Commission. Any decision by the chairman under this paragraph shall be subject to disapproval by a majority vote of all the commissioners in office. (2) Subject to approval by a majority vote of all the commissioners in office, the chairman may (A) terminate the employment of any supervisory employee of the Commission whose duties involve substantial personal responsibility for Commission matters and who is compensated at a rate equal to, or in excess of, the rate for grade GS-15 of the General Schedule in section 5332 of title 5, and (B) formulate the annual budget of the Commission. (3) No member of the Commission, in making public statements with respect to any policy matter for which the Commission has responsibility, shall represent himself as speaking for the Commission, or his views as being the views of the Commission, with respect to such matters except to the extent that the Commission has adopted the policy being expressed. (b) APPLICATION OF CIVIL SERVICE LAW.-Except for employees excepted under civil service rules, all employees of the Commission shall be appointed from lists of eligibles to be supplied by the Director of the Office of Personnel Management and in accordance with the civil service law. (c) EXPENSES.-All of the expenses of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees under their orders in making any investigation or upon official business in any other places than at their respective headquarters, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman (except that in the case of a commissioner, or the personal staff of any commissioner, such vouchers may be approved by that commissioner). (d) PRINCIPAL OFFICE AT WASHINGTON.-The principal office of the Commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The Commission may, by one or more of its members, or by such agents as it may designate, prosecute any inquiry necessary to its duties in any part of the United States or in any foreign country. (e) OFFICE AT NEW YORK.-The Commission is authorized to establish and maintain an office at the port of New York for the purpose of directing or carrying on any investigation, receiving and compiling statistics, selecting, describing, and filing samples of articles, and performing any of the duties or exercising any of the powers imposed upon it by law. (f) OFFICIAL SEAL.-The Commission is authorized to adopt an official seal, which shall be judicially noticed. SEC. 333. TESTIMONY AND PRODUCTION OF PAPERS. (a) AUTHORITY TO OBTAIN INFORMATION.-For the purposes of carrying out its functions and duties in connection with any investigation authorized by law, the Commission or its duly authorized agent or agents (1) shall have access to and the right to copy any document, paper, or record, pertinent to the subject matter under |