15 U.S.C. § 4805 — Executive Director and staff

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 Page 2176 TITLE 15—COMMERCE AND TRADE § 4806 Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4806. Powers of Council (a) Hearings The Council may, for the purpose of carrying out the provisions of this chapter, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Council considers appropriate. The Coun- cil may administer oaths or affirmations to wit- nesses appearing before the Council. (b) Information (1)(A) Except as provided in subparagraph (B), the Council may secure directly from any Fed- eral agency information necessary to enable the Council to carry out the provisions of this chap- ter. Upon request of the chairman of the Coun- cil, the head of such agency shall promptly fur- nish such information to the Council. (B) Subparagraph (A) does not apply to mat- ters that are specifically authorized under cri- teria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order. (2) In any case in which the Council receives any information from a Federal agency, the Council shall not disclose such information to the public unless such agency is authorized to disclose such information pursuant to Federal law. (c) Consultation with President and Congress No later than 120 days after the initial mem- bers are appointed to the Council, the Council shall submit a report to the President, the Sen- ate Governmental Affairs Committee, and the appropriate committees of the House of Rep- resentatives and of the Senate, that proposes the type and scope of activities the Council shall undertake, including the extent to which the Council will coordinate activities with other ad- visory committees relating to trade and com- petitiveness in order to maximize the effective- ness of the Council. (d) Gifts The Council may accept, use, and dispose of gifts or donations of services or property. (e) Use of mails The Council may use the United States mails in the same manner and under the same condi- tions as other Federal agencies. (f) Administrative and support services The Administrator of General Services shall provide to the Council, on a reimbursable basis, such administrative and support services as the Council may request. (g) Subcouncils (1) The Council may establish, for such period of time as the Council determines appropriate, subcouncils of public and private leaders to ana- lyze specific competitive issues. (2) Any such subcouncil shall include rep- resentatives of business, labor, government, and other individuals or representatives of groups whose participation is considered by the Council to be important to developing a full under- standing of the subject with which the sub- council is concerned. (3) Any such subcouncil shall include a rep- resentative of the Federal Government. (4) Any such subcouncil shall assess the actual or potential competitiveness problems facing the industry or the specific policy issues with which the subcouncil is concerned and shall for- mulate specific recommendations for responses by business, government, and labor— (A) to encourage adjustment and moderniza- tion of the industry involved; (B) to monitor and facilitate industry re- sponsiveness to opportunities identified under section 4807(b)(1)(B) of this title; (C) to encourage the ability of the industry involved to compete in markets identified under section 4807(b)(1)(C) of this title; or (D) to alleviate the problems in a specific policy area facing more than one industry. (5) Any discussion held by any subcouncil shall not be considered to violate any Federal or State antitrust law. (6) Any discussion held by any subcouncil shall not be subject to the provisions of chapter 10 of title 5, except that a Federal representative shall attend all subcouncil meetings. (7) Any subcouncil shall terminate 30 days after making recommendations, unless the Council specifically requests that the subcouncil continue in operation. (h) Applicability of chapter 10 of title 5 The provisions of subsections (e) and (f) of sec- tion 1009 of title 5 shall not apply to the Council. (Pub. L. 100–418, title V, § 5207, Aug. 23, 1988, 102 Stat. 1459; Pub. L. 101–382, title I, § 133(c), Aug. 20, 1990, 104 Stat. 649; Pub. L. 117–286, § 4(a)(74), Dec. 27, 2022, 136 Stat. 4314.) Editorial Notes AMENDMENTS 2022—Subsec. (g)(6). Pub. L. 117–286, § 4(a)(74)(A), sub- stituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advi- sory Committee Act,’’. Subsec. (h). Pub. L. 117–286, § 4(a)(74)(B), substituted ‘‘chapter 10 of title 5’’ for ‘‘Advisory Committee Act’’ in heading and ‘‘subsections (e) and (f) of section 1009 of title 5’’ for ‘‘subsections (e) and (f) of section 10, of the Federal Advisory Committee Act’’ in text. 1990—Subsec. (c). Pub. L. 101–382 redesignated subsec. (d) as (c), and substituted ‘‘120’’ for ‘‘60’’. Subsecs. (d) to (i). Pub. L. 101–382, § 133(c)(1), redesig- nated subsecs. (e) to (i) as (d) to (h), respectively. Former subsec. (d) redesignated (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. § 4807. Annual report (a) Submission of report The Council shall annually on March 1 submit to the President, the Senate Governmental Af-