19 U.S.C. § 1331 — General powers

Page 107 TITLE 19—CUSTOMS DUTIES § 1331 visions covering the expiration of terms of office after June 16, 1978, for provisions covering the expiration of terms of office on and after June 17, 1975, added par. (3), and redesignated as pars. (4) to (6) provisions formerly contained in par. (1). Subsec. (e). Pub. L. 95–106, § 1, designated existing provisions as par. (1) and added pars. (2) and (3). 1976—Subsec. (b). Pub. L. 94–455, § 1801(a), inserted provisions that any commissioner may continue to serve as a commissioner after an expiration of his term of office until his successor is appointed and qualified. Subsec. (d)(1). Pub. L. 94–455, § 1801(b)(2), substituted provisions relating to consideration by the President of determinations of the Commission as to whether in- creased imports of an article are a substantial cause of serious injury or threat or whether market disruption exists for provisions relating to consideration by the President of findings of the Commission in connection with any authority conferred upon the President by law to make changes in import restrictions. Subsec. (d)(2) to (5). Pub. L. 94–455, § 1801(b), added pars. (2) to (4) and redesignated former par. (2) as (5). 1975—Subsec. (a). Pub. L. 93–618, § 172(a), substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’ and inserted provi- sion that a person who has served as a commissioner for more than five years (excluding service as a com- missioner before January 3, 1975) shall not be eligible for reappointment as a commissioner. Subsec. (b). Pub. L. 93–618, § 172(a), lengthened the term of office from 6 years to 9 years for commissioners appointed after Jan. 3, 1975, and substituted Dec. 16, 1976, June 16, 1978, Dec. 16, 1979, June 16, 1981, Dec. 16, 1982, and June 16, 1984, for June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, respectively, as the expiration dates for the terms of office of commissioners serving on Jan. 3, 1975. Subsec. (c). Pub. L. 93–618, § 172(b), designated existing provisions as par. (1), inserted ‘‘Except as provided in paragraph (2),’’ before ‘‘The’’, and added par. (2). Subsec. (e). Pub. L. 93–618, § 175(b), added subsec. (e). 1953—Subsec. (d). Act Aug. 7, 1953, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of this title on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note pre- ceding section 2271 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–185, § 1(a)(3), Dec. 4, 1991, 105 Stat. 1280, provided that: ‘‘(A) MODIFICATION.—The amendments made by para- graph (1) [amending this section] shall apply to terms beginning on and after June 17, 1990. ‘‘(B) 1-YEAR REQUIREMENT.—The amendments made by paragraph (2) [amending this section] shall apply to terms beginning on and after June 17, 1996.’’ Pub. L. 102–185, § 1(c)(2), Dec. 4, 1991, 105 Stat. 1281, provided that: ‘‘The amendment made by this sub- section [amending this section] shall take effect on the 10th day following the date of the enactment of this Act [Dec. 4, 1991].’’ EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 58c of this title. Amendment by section 1401(b)(4) of Pub. L. 100–418 ef- fective Aug. 23, 1988, and applicable with respect to in- vestigations initiated under part 1 (§ 2251 et seq.) of sub- chapter II of chapter 12 of this title on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 248(c) of Pub. L. 98–573 effec- tive on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–106, § 2(b), Aug. 17, 1977, 91 Stat. 868, pro- vided that: ‘‘The amendment made by this section [amending this section] shall apply with respect to the designation of chairmen and vice chairmen of the United States International Trade Commission for terms beginning after June 16, 1978.’’ EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–455, title XVIII, § 1801(c), Oct. 4, 1976, 90 Stat. 1763, provided that: ‘‘The amendments made by subsection (b) [amending this section] shall apply to determinations, findings, and recommendations made under sections 201 and 406 of the Trade Act of 1974 [sec- tions 2251 and 2436 of this title] after the date of the en- actment of this Act [Oct. 4, 1976].’’ APPOINTMENT OF CHAIRMAN IN 1992 Pub. L. 102–185, § 1(b), Dec. 4, 1991, 105 Stat. 1280, pro- vided that: ‘‘In the case of the term of the chairman of the United States International Trade Commission be- ginning June 17, 1992— ‘‘(1) section 330(c)(3)(A) of the Tariff Act of 1930 [19 U.S.C. 1330(c)(3)(A)] shall not apply, and ‘‘(2) the President shall designate as chairman a Commissioner who is a member of the same political party as the chairman of the Commission serving on June 16, 1986.’’ § 1331. General powers (a) Administration (1)(A) Except as provided in paragraph (2), the chairman of the Commission shall— (i) appoint and fix the compensation of such employees of the Commission as he deems nec- essary (other than the personal staff of each commissioner), including the secretary, (ii) procure the services of experts and con- sultants in accordance with the provisions of section 3109 of title 5, and (iii) exercise and be responsible for all other administrative functions of the Commission. (B) The chairman of the Commission may ac- cept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (C) Any decision by the chairman under sub- paragraph (A) or (B) shall be subject to dis- approval by a majority vote of all the commis- sioners 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 super- visory employee of the Commission whose du- ties involve substantial personal responsi- bility 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 Sched- ule in section 5332 of title 5, and (B) formulate the annual budget of the Com- mission. (3) No member of the Commission, in making public statements with respect to any policy matter for which the Commission has responsi- Page 108 TITLE 19—CUSTOMS DUTIES § 1332 bility, shall represent himself as speaking for the Commission, or his views as being the views of the Commission, with respect to such matter 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 Per- sonnel Management and in accordance with the civil service law. (c) Expenses All of the expenses of the commission, includ- ing all necessary expenses for transportation in- curred by the commissioners or by their employ- ees under their orders in making any investiga- tion 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 (ex- cept that in the case of a commissioner, or the personal staff of any commissioner, such vouch- ers 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 mem- bers, 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 in- vestigation, receiving and compiling statistics, selecting, describing, and filing samples of arti- cles, and performing any of the duties or exer- cising any of the powers imposed upon it by law. (f) Official seal The commission is authorized to adopt an offi- cial seal, which shall be judicially noticed. (June 17, 1930, ch. 497, title III, § 331, 46 Stat. 697; Pub. L. 95–106, § 3(a), (b), Aug. 17, 1977, 91 Stat. 868; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 97–456, § 1(b), Jan. 12, 1983, 96 Stat. 2503.) Editorial Notes CODIFICATION In subsec. (a), provisions which specified a salary of $7,500 per year for the secretary to the commission have been omitted as obsolete and superseded. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the ap- plicability to specific positions and employees. In subsec. (b), the words ‘‘Except for employees ex- cepted under the civil service rules’’ substituted for ‘‘With the exception of the secretary, a clerk to each commissioner, and such special experts as the commis- sion may from time to time find necessary for the con- duct of its work’’. Appointments are now subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classi- fied (competitive) civil service. The Order is set out as a note under section 3301 of Title 5. PRIOR PROVISIONS Provisions similar to subsecs. (a) to (e) of this section were contained in act Sept. 8, 1916, ch. 463, § 701, 39 Stat. 975. That section was superseded by section 331 of act June 17, 1930, comprising this section. Provisions similar to those in subsecs. (f) and (g) of this section were contained in act Sept. 21, 1922, ch. 356, title III, § 318, 42 Stat. 947. That section was superseded by section 331 of act June 17, 1930, comprising this sec- tion, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1983—Subsec. (a)(1). Pub. L. 97–456 designated existing provisions relating to the chairman’s exercise of and responsibility for all administrative functions as sub- par. (A), redesignated former subpars. (A) through (C) as cls. (i) through (iii), added subpar. (B), designated provisions relating to disapproval by a majority of the commissioners of any decision by the chairman as sub- par. (C), and in (C) as so designated, substituted ‘‘sub- paragraph (A) or (B)’’ for ‘‘this paragraph’’ after ‘‘chairman under’’. 1977—Subsec. (a). Pub. L. 95–106, § 3(a), designated ex- isting provisions as par. (1), substituted provisions au- thorizing the chairman to perform certain required functions subject to approval by the Commission for provisions authorizing the Commission to perform cer- tain required functions and inserted provisions requir- ing the chairman to exercise and be responsible for all other administrative functions of the Commission, and added pars. (2) and (3). Subsec. (c). Pub. L. 95–106, § 3(b)(1), substituted ‘‘ap- proved by the chairman (except that in the case of a commissioner, or the personal staff of any commis- sioner, such vouchers may be approved by that commis- sioner)’’ for ‘‘approved by the Commission’’. Subsec. (d). Pub. L. 95–106, § 3(b)(2), redesignated sub- secs. (e) to (g) as (d) to (f), respectively. Former subsec. (d), relating to offices and supplies, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–106, § 3(c), Aug. 17, 1977, 91 Stat. 869, pro- vided that: ‘‘The amendments made by this section [amending this section] take effect on the date of en- actment of this Act [Aug. 17, 1977].’’ Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Manage- ment (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 1332. Investigations (a) Investigations and reports It shall be the duty of the commission to in- vestigate the administration and fiscal and in-