§ 4804. — Membership.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4804]
TITLE 15--COMMERCE AND TRADE
CHAPTER 74--COMPETITIVENESS POLICY COUNCIL
Sec. 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 experience and
background in business;
(ii) one shall be a national leader with experience and
background in the labor community;
(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 department 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 experience or
background in business;
(ii) one shall be a national leader with experience and
background in the labor community;
(iii) one shall be a national leader with experience 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 experience and
background in business;
(ii) one shall be a national leader with experience and
background in the labor community;
(iii) one shall be a national leader with experience 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 department or agency
appointed in accordance with subsection (a)(1)(A)(iv) of this section,
other Federal officials may participate on an ex-officio basis as
requested by the Council.
(3) All members of the Council shall be individuals 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 appointment 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
member 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 ``foreign 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 accordance 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.
(j) Policy actions
Except as provided in subsection (g) of this section, 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 meeting, an alternate
representative shall be considered a member of the Council for all
purposes, except for voting.
(Pub. L. 100-418, title V, Sec. 5205, Aug. 23, 1988, 102 Stat. 1457;
Pub. L. 101-382, title I, Sec. 133(a), Aug. 20, 1990, 104 Stat. 648;
Pub. L. 104-65, Sec. 12(a), Dec. 19, 1995, 109 Stat. 701.)
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 Congress.
1990--Subsec. (b). Pub. L. 101-382, Sec. 133(a)(1), substituted
reference to Aug. 20, 1990, for reference to Jan. 21, 1989.
Subsec. (e). Pub. L. 101-382, Sec. 133(a)(2), added subsec. (e) and
struck out former subsec. (e) which read as follows:
``(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 disclosure.
``(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, Sec. 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 government--
``(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 accordance with section 5703 of such title.
``(2) Each member of the Council who is employed by the Federal
Government or any State or local government 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, Sec. 133(a)(3), struck out subsec. (l)
which read as follows: ``The Council may procure temporary and
intermittent 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.''
Subsec. (m). Pub. L. 101-382, Sec. 133(a)(3), struck out subsec. (m)
which read as follows: ``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.''
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.
