15 U.S.C. § 4804 — Membership

Page 2174 TITLE 15—COMMERCE AND TRADE § 4804 ing joint ventures between universities and corporations; (9) establish, when appropriate, subcouncils of public and private leaders to develop rec- ommendations on long-term strategies for sec- tors of the economy and for specific competi- tiveness issues; (10) review policy recommendations devel- oped by the subcouncils and transmit such rec- ommendations to the Federal agencies respon- sible for the implementation of such rec- ommendations; (11) prepare, publish, and distribute reports containing the recommendations of the Coun- cil; and (12) publish their analysis and recommenda- tions in the form of an annual report to the President and the Congress which also com- ments on the overall competitiveness of the American economy. (Pub. L. 100–418, title V, § 5204, Aug. 23, 1988, 102 Stat. 1456.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under par. (12) of this section is listed on page 158), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 4804. Membership (a) Composition and representation (1) The Council shall consist of 12 members, of whom— (A) four members shall be appointed by the President, of whom— (i) one shall be a national leader with ex- perience and background in business; (ii) one shall be a national leader with ex- perience and background in the labor com- munity; (iii) one shall be a national leader who has been active in public interest activities; and (iv) one shall be a head of a Federal de- partment or agency; (B) four members shall be appointed by the majority leader and the minority leader of the Senate, acting jointly, of whom— (i) one shall be a national leader with ex- perience or background in business; (ii) one shall be a national leader with ex- perience and background in the labor com- munity; (iii) one shall be a national leader with ex- perience and background in the academic community; and (iv) one shall be a representative of State or local government; and (C) four members shall be appointed by the Speaker, the minority leader of the House of Representatives, acting jointly, of whom— (i) one shall be a national leader with ex- perience and background in business; (ii) one shall be a national leader with ex- perience and background in the labor com- munity; (iii) one shall be a national leader with ex- perience and background in the academic community; and (iv) one shall be a representative of State or local government. (2) In addition to the head of a Federal depart- ment or agency appointed in accordance with subsection (a)(1)(A)(iv), other Federal officials may participate on an ex-officio basis as re- quested by the Council. (3) All members of the Council shall be indi- viduals who have a broad understanding of the United States economy and the United States competitive position internationally. (4) Not more than 6 members of the Council shall be members of the same political party. (b) Initial appointments The initial members of the Council shall be appointed within 30 days after August 20, 1990. (c) Vacancies (1) A vacancy on the Council shall be filled in the same manner in which the original appoint- ment was made. (2) Any member appointed to fill a vacancy on the Council occurring before the expiration of the term for which the predecessor of such mem- ber was appointed shall be appointed only for the remainder of such term. (3) A member of the Council may serve after the expiration of the term of such member until the successor of such member has taken office. (d) Removal Members of the Council may be removed only for malfeasance in office. (e) Conflict of interest A member of the Council shall not serve as an agent for a foreign principal or a lobbyist for a foreign entity (as the terms ‘‘lobbyist’’ and ‘‘for- eign entity’’ are defined under section 1602 of title 2). (f) Expenses Each member of the Council, while engaged in duties as a member of the Council, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of such member, in accord- ance with subchapter I of chapter 57 of title 5. (g) Quorum (1) In general Seven members of the Council constitute a quorum, except that a lesser number may hold hearings if such action is approved by a two- thirds vote of the entire Council. (2) Initial organization The Council shall not commence its duties until all the nongovernmental members have been appointed and have qualified. (h) Chairperson The Council shall elect, by a two-thirds vote of the entire Council, a chairperson from among the nongovernmental members. (i) Meetings The Council shall meet at the call of the chairperson or a majority of the members. Page 2175 TITLE 15—COMMERCE AND TRADE § 4805 1 See References in Text note below. (j) Policy actions Except as provided in subsection (g), no action establishing policy shall be taken by the Council unless approved by two-thirds of the entire membership of the Council. (k) Alternate members (1) Each member of the Council shall designate one alternate representative to attend any meeting that such member is unable to attend. (2) In the course of attending any such meet- ing, an alternate representative shall be consid- ered a member of the Council for all purposes, except for voting. (Pub. L. 100–418, title V, § 5205, Aug. 23, 1988, 102 Stat. 1457; Pub. L. 101–382, title I, § 133(a), Aug. 20, 1990, 104 Stat. 648; Pub. L. 104–65, § 12(a), Dec. 19, 1995, 109 Stat. 701.) Editorial Notes AMENDMENTS 1995—Subsec. (e). Pub. L. 104–65, which directed amendment of section ‘‘5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e))’’ by inserting ‘‘or a lobbyist for a foreign entity (as the terms ‘lobbyist’ and ‘foreign entity’ are defined under section 1602 of title 2)’’ after ‘‘an agent for a foreign principal’’, was executed to section 5205(e) of such Act, which is subsec. (e) of this section, to reflect the probable intent of Con- gress. 1990—Subsec. (b). Pub. L. 101–382, § 133(a)(1), sub- stituted reference to Aug. 20, 1990, for reference to Jan. 21, 1989. Subsec. (e). Pub. L. 101–382, § 133(a)(2), added subsec. (e) and struck out former subsec. (e) which read as fol- lows: ‘‘(1) A member of the Council may not serve as an agent for a foreign principal. ‘‘(2) Members of the Council shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (Public Law 95–521), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclo- sure. ‘‘(3) Members of the Council shall be deemed to be special Government employees, as defined in section 202 of title 18, for purposes of sections 201, 202, 203, 205, and 208 of such title.’’ Subsec. (f). Pub. L. 101–382, § 133(a)(2), added subsec. (f) and struck out former subsec. (f) ‘‘Compensation’’ which read as follows: ‘‘(1) Each member of the Council who is not employed by the Federal Government or any State or local gov- ernment— ‘‘(A) shall be compensated at a rate equal to the daily equivalent of the rate for GS–18 of the General Schedule pursuant to section 5332 of title 5 for each day such member is engaged in duties as a member of the Council; and ‘‘(B) shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of such member, in ac- cordance with section 5703 of such title. ‘‘(2) Each member of the Council who is employed by the Federal Government or any State or local govern- ment shall serve on the Council without additional compensation, but while engaged in duties as a member of the Council shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of such member, in accordance with subchapter I of chapter 57 of title 5.’’ Subsec. (l). Pub. L. 101–382, § 133(a)(3), struck out sub- sec. (l) which read as follows: ‘‘The Council may pro- cure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to ex- ceed the daily equivalent of the maximum annual rate of basic pay for GS–16 of the General Schedule.’’ Subsec. (m). Pub. L. 101–382, § 133(a)(3), struck out subsec. (m) which read as follows: ‘‘Upon request of the Council, the head of any other Federal agency is au- thorized to detail, on a reimbursable basis, any of the personnel of such agency to the Council to assist the Council in carrying out its duties under this chapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress. § 4805. Executive Director and staff (a) Executive Director (1) The principal administrative officer of the Council shall be an Executive Director, who shall be appointed by the Council and who shall be paid at a rate not to exceed GS–18 of the Gen- eral Schedule. (2) The Executive Director shall serve on a full-time basis. (b) Staff (1) Within the limitations of appropriations to the Council, the Executive Director may appoint a staff for the Council in accordance with the Federal civil service and classification laws. (2) The staff of the Council shall be deemed to be special government employees as defined in section 202 of title 18 for purposes of title II of the Ethics in Government Act of 1978 1 and sec- tions 201, 202, 203, 205, 207, and 208 of title 18. (c) Experts and consultants The Council may procure temporary and inter- mittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS–16 of the General Schedule. (d) Details Upon request of the Council, the head of any other Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Council to assist the Council in carrying out its duties under this chapter. (Pub. L. 100–418, title V, § 5206, Aug. 23, 1988, 102 Stat. 1459; Pub. L. 101–382, title I, § 133(b), Aug. 20, 1990, 104 Stat. 648.) Editorial Notes REFERENCES IN TEXT The Ethics in Government Act of 1978, referred to in subsec. (b)(2), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title II of the Act was set out in the Appendix to Title 5, Government Organization and Employees, prior to repeal by Pub. L. 101–194, title II, § 201, Nov. 30, 1989, 103 Stat. 1724. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1990—Subsecs. (c), (d). Pub. L. 101–382 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General