The Commission was established in 1985 by Public Law 99-83. It began its operations when it received its first appropriation in Fiscal Year 1990.

The Commission consists of 21 Members appointed by the President. Of these, seven are appointed in consultation with the Speaker of the U.S. House of Representatives and seven are appointed in consultation with the President Pro Tempore of the U.S. Senate. The Members are appointed for three-year terms, although they continue to serve until they are replaced. They are not paid for their service.

One Member is designated by the President to chair the Commission. The current Chairman is the Honorable Warren L. Miller of McLean, VA.

The Commission is required to meet every six months. It is assisted by a small staff.