19 U.S.C. § 1330 — Organization of Commission

Page 104 TITLE 19—CUSTOMS DUTIES § 1330 1 So in original. Probably should not be capitalized. is the product of such country, for such time as he deems necessary, to a rate not more than 50 percent above the rate existing on July 1, 1934. (June 17, 1930, ch. 497, title III, § 323, as added Pub. L. 87–794, title II, § 257(i), Oct. 11, 1962, 76 Stat. 883.) PART II—UNITED STATES INTERNATIONAL TRADE COMMISSION § 1330. Organization of Commission (a) Membership The United States International Trade Com- mission (referred to in this subtitle as the ‘‘Commission’’) shall be composed of six com- missioners who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. No person shall be eligible for appoint- ment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed of qualifications req- uisite for developing expert knowledge of inter- national trade problems and efficiency in ad- ministering the duties and functions of the Com- mission. A person who has served as a commis- sioner for more than 5 years (excluding service as a commissioner before January 3, 1975) shall not be eligible for reappointment as a commis- sioner. Not more than three of the commis- sioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed al- ternately as nearly as may be practicable. (b) Terms of office The terms of office of the commissioners hold- ing 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, respec- tively. 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 va- cancy 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 Presi- dent from among the members of the Commis- sion not ineligible, under paragraph (3), for des- ignation. The President shall notify the Con- gress 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 Commis- sion 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 imme- diately 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 mem- ber, 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 polit- ical 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 com- missioner who is a member of the same political party. Designation of a chairman under this sub- paragraph may be made without regard to the 1- year continuous service requirement under sub- paragraph (A). (4) The vice chairman shall act as chairman in case of the absence or disability of the chair- man. 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 substan- tial cause of serious injury, or the threat thereof, as described in subsection (b)(1) of that section (hereafter in this subsection re- ferred to as ‘‘serious injury’’), or (B) under section 2436 of this title, whether market disruption exists. and the commissioners voting are equally di- vided with respect to such determination, then Page 105 TITLE 19—CUSTOMS DUTIES § 1330 the determination, agreed upon by either group of commissioners may be considered by the President as the determination of the Commis- sion. (2) If under section 2252(b) or 2436 of this title there is an affirmative determination of the Commission, or a determination of the Commis- sion which the President may consider an af- firmative determination under paragraph (1), that serious injury or market disruption exists, respectively, and a majority of the commis- sioners 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 com- missioners so voting agree on a remedy find- ing, 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 Com- mission, 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 commis- sioners. 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) ap- plies, 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 resolu- tion 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 lllllll, lllllll, and llllll.’’ The three blank spaces shall be filled with the names of the ap- propriate Commissioners. (5) Whenever, in any case in which the Com- mission 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 inves- tigation shall thereupon be carried out in ac- cordance with the statutory authority covering the matter in question. Whenever the Commis- sion 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 Commis- sion only such sums as may hereafter be pro- vided by law. (2)(A) There are authorized to be appropriated to the Commission for necessary expenses (in- cluding the rental of conference rooms in the District of Columbia and elsewhere) not to ex- ceed 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 author- ized to be appropriated for any fiscal year under subparagraph (A) may be used, subject to the ap- proval 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 re- quested 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 Sep- tember 30, 1977, in addition to any other amount authorized to be appropriated for such fiscal year, such sums as may be necessary for in- creases authorized by law in salary, pay, retire- ment, 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 fis- cal year that will be necessary for the Commis- sion 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. (June 17, 1930, ch. 497, title III, § 330, 46 Stat. 696; Aug. 7, 1953, ch. 348, title II, § 201, 67 Stat. 472; Pub. L. 93–618, title I, §§ 172(a), (b), 175(b), Jan. 3, 1975, 88 Stat. 2009–2011; Pub. L. 94–455, title XVIII, § 1801(a), (b), Oct. 4, 1976, 90 Stat. 1762; Pub. L. 95–106, §§ 1, 2(a), Aug. 17, 1977, 91 Stat. 867; Pub. L. 95–430, Oct. 10, 1978, 92 Stat. 1020; Pub. L. 97–456, § 1(a), Jan. 12, 1983, 96 Stat. 2503; Pub. L. 98–573, title II, § 248(c), title VII, § 701, Oct. 30, 1984, 98 Stat. 2998, 3043; Pub. L. 99–272, title XIII, § 13021, Apr. 7, 1986, 100 Stat. 305; Pub. L. 100–203, title IX, § 9502, Dec. 22, 1987, 101 Stat. 1330–380; Pub. L. 100–418, title I, §§ 1401(b)(4), 1611, 1612, Aug. 23, 1988, 102 Stat. 1240, 1262; Pub. L. 100–647, title IX, § 9001(a)(15), Nov. 10, 1988, 102 Page 106 TITLE 19—CUSTOMS DUTIES § 1330 Stat. 3808; Pub. L. 101–207, § 2, Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101–382, title I, § 101, Aug. 20, 1990, 104 Stat. 633; Pub. L. 102–185, § 1(a)(1), (2), (c)(1), Dec. 4, 1991, 105 Stat. 1280; Pub. L. 107–210, div. A, title III, § 371, Aug. 6, 2002, 116 Stat. 991; Pub. L. 108–429, title II, § 2004(a)(13), Dec. 3, 2004, 118 Stat. 2590.) Editorial Notes REFERENCES IN TEXT Section 203(a) of the Trade Act of 1974, referred to in subsec. (d)(4), is classified to section 2253(a) of this title. CODIFICATION Provisions of subsec. (c) which prescribed the annual basic compensation of the commissioners were omitted to conform to the provisions of the Executive Schedule. See sections 5314 and 5315 of Title 5, Government Orga- nization and Employees. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 8, 1916, ch. 463, § 700, 39 Stat. 795. That section was superseded by section 330 of act June 17, 1930, comprising this section. AMENDMENTS 2004—Subsec. (e)(4). Pub. L. 108–429 made technical correction to directory language of Pub. L. 107–210, § 371(b). See 2002 Amendment note below. 2002—Subsec. (e)(2)(A)(i). Pub. L. 107–210, § 371(a)(1), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘$41,170,000 for fiscal year 1991.’’ Subsec. (e)(2)(A)(ii). Pub. L. 107–210, § 371(a)(2), added cl. (ii) and struck out former cl. (ii) which read as fol- lows: ‘‘$44,052,000 for fiscal year 1992.’’ Subsec. (e)(4). Pub. L. 107–210, § 371(b), as amended by Pub. L. 108–429, added par. (4). 1991—Subsec. (c)(1). Pub. L. 102–185, § 1(c)(1), inserted at end ‘‘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 Com- missioner 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 por- tion of such term preceding the date on which an indi- vidual designated by the President takes office as chairman.’’ Subsec. (c)(3)(A). Pub. L. 102–185, § 1(a)(2)(A), inserted ‘‘, or who has less than 1 year of continuous service as a commissioner as of the date such designation is being made’’ before the period. Pub. L. 102–185, § 1(a)(1)(A), amended subpar. (A) gen- erally. Prior to amendment, subpar. (A) read as follows: ‘‘The President may not designate as the chairman of the Commission for any term— ‘‘(i) either of the two commissioners with the short- est period of service on the Commission as of the be- ginning date of the term of office for which the des- ignation of chairman is to be made; or ‘‘(ii) any commissioner who is a member of the po- litical party of which the chairman of the Commis- sion for the immediately preceding term is a mem- ber.’’ Subsec. (c)(3)(C). Pub. L. 102–185, § 1(a)(2)(B), inserted at end ‘‘Designation of a chairman under this subpara- graph may be made without regard to the 1-year con- tinuous service requirement under subparagraph (A).’’ Pub. L. 102–185, § 1(a)(1)(B), struck out at end ‘‘Des- ignation of a chairman under this subparagraph may be made without regard to the limitation set forth in sub- paragraph (A)(i).’’ 1990—Subsec. (e)(2). Pub. L. 101–382 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘There are authorized to be appropriated to the Com- mission for necessary expenses (including the rental of conference rooms in the District of Columbia and else- where) for fiscal year 1990 not to exceed $39,943,000; of which not to exceed $2,500 may be used, subject to ap- proval by the Chairman of the Commission, for recep- tion and entertainment expenses. No part of any sum that is appropriated under the authority of this para- graph may be used by the Commission for the making of any special study, investigation, or report that is re- quested by any agency of the executive branch unless that agency reimburses the Commission for the cost thereof.’’ 1989—Subsec. (e)(2). Pub. L. 101–207 substituted ‘‘1990’’ for ‘‘1988’’ and ‘‘$39,943,000’’ for ‘‘$35,386,000’’. 1988—Subsec. (c)(3)(A)(i). Pub. L. 100–647 substituted ‘‘with the shortest period of service on’’ for ‘‘most re- cently appointed to’’. Pub. L. 100–418, § 1611, which directed that subsec. (c)(A)(i) of this section be amended by substituting ‘‘with the shortest period of service on’’ for ‘‘most re- cently appointed to’’, was probably intended to be an amendment to subsec. (c)(3)(A)(i). See amendment by Pub. L. 100–647 above. Subsec. (d)(1)(A). Pub. L. 100–418, § 1401(b)(4)(A), sub- stituted ‘‘2252’’ for ‘‘2251’’. Subsec. (d)(2). Pub. L. 100–418, § 1401(b)(4)(B)(i), (iii), in introductory provisions substituted ‘‘2252(b)’’ and ‘‘2252(e)(1)’’ for ‘‘2251’’ and ‘‘2251(d)(1)’’, respectively. Subsec. (d)(2)(A). Pub. L. 100–418, § 1401(b)(4)(B)(iv), substituted ‘‘section 2253 of this title’’ for ‘‘sections 2252 and 2253 of this title’’. Subsec. (d)(2)(B). Pub. L. 100–418, § 1401(b)(4)(B)(iv), (v), in introductory provisions substituted ‘‘section 2254(a) of this title’’ for ‘‘section 2253(b) of this title’’ and, in cls. (i) and (ii), substituted ‘‘section 2253 of this title’’ for ‘‘sections 2252 and 2253 of this title’’. Subsec. (d)(4). Pub. L. 100–418, § 1401(b)(4)(C), sub- stituted ‘‘section 2253(a) of this title’’ for ‘‘section 2253(c)(1) of this title’’ and ‘‘section 203(a) of the Trade Act of 1974’’ for ‘‘section 203(c)(1) of the Trade Act of 1974’’. Subsec. (f). Pub. L. 100–418, § 1612, added subsec. (f). 1987—Subsec. (e)(2). Pub. L. 100–203 substituted ‘‘for fiscal year 1988 not to exceed $35,386,000’’ for ‘‘fiscal year 1986 not to exceed $28,901,000’’. 1986—Subsec. (e)(2). Pub. L. 99–272 amended first sen- tence generally, substituting ‘‘for fiscal year 1986 not to exceed $28,901,000’’ for ‘‘for fiscal year 1985 not to ex- ceed $28,410,000’’. 1984—Subsec. (d)(4). Pub. L. 98–573, § 248(c), sub- stituted ‘‘the joint resolution described in such section 2192(a)(1)(A)’’ for ‘‘the concurrent resolution described in such section 2192’’. Subsec. (e)(2). Pub. L. 98–573, § 701, substituted author- ization of appropriation of not more than $28,410,000 for fiscal year 1985 for necessary expenses, including the rental of conference rooms in the District of Columbia and elsewhere for provision authorizing appropriation of not more than $19,737,000 for necessary expenses for fiscal year 1983, and inserted provision that not more than $2,500 may be used, subject to approval by the Chairman of the Commission, for reception and enter- tainment expenses. 1983—Subsec. (e)(2). Pub. L. 97–456 substituted author- ization of appropriation of not exceeding $19,737,000 for fiscal 1983 for authorization not exceeding $12,963,000 for fiscal 1979, and inserted provision relating to reim- bursement by agencies of the executive branch for stud- ies requested by them. 1978—Subsec. (e)(2). Pub. L. 95–430 substituted provi- sions authorizing $12,963,000 to be appropriated for the necessary expenses of the Commission for fiscal year 1979 for provisions authorizing $11,522,000 to be appro- priated for similar expenses for fiscal year 1978. 1977—Subsec. (c). Pub. L. 95–106, § 2(a), inserted provi- sions in par. (1) for the Congressional notification of Presidential designations, substituted, in par. (2), pro- 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-