§ 4806. — Powers of Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4806]
TITLE 15--COMMERCE AND TRADE
CHAPTER 74--COMPETITIVENESS POLICY COUNCIL
Sec. 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 Council may administer oaths or affirmations to
witnesses appearing before the Council.
(b) Information
(1)(A) Except as provided in subparagraph (B), the Council may
secure directly from any Federal agency information necessary to enable
the Council to carry out the provisions of this chapter. Upon request of
the chairman of the Council, the head of such agency shall promptly
furnish such information to the Council.
(B) Subparagraph (A) does not apply to matters that are specifically
authorized under criteria 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 members are appointed to
the Council, the Council shall submit a report to the President, the
Senate Governmental Affairs Committee, and the appropriate committees of
the House of Representatives 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
advisory committees relating to trade and competitiveness in order to
maximize the effectiveness 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 conditions 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 analyze specific competitive issues.
(2) Any such subcouncil shall include representatives 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 understanding of the subject with which the subcouncil
is concerned.
(3) Any such subcouncil shall include a representative 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 formulate
specific recommendations for responses by business, government, and
labor--
(A) to encourage adjustment and modernization of the industry
involved;
(B) to monitor and facilitate industry responsiveness 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 the Federal Advisory Committee Act, 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 Advisory Committee Act
The provisions of subsections (e) and (f) of section 10,\1\ of the
Federal Advisory Committee Act shall not apply to the Council.
---------------------------------------------------------------------------
\1\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------
(Pub. L. 100-418, title V, Sec. 5207, Aug. 23, 1988, 102 Stat. 1459;
Pub. L. 101-382, title I, Sec. 133(c), Aug. 20, 1990, 104 Stat. 649.)
References in Text
The Federal antitrust laws, referred to in subsec. (g)(5), is
classified generally to chapter 1 (Sec. 1 et seq.) of this title.
The Federal Advisory Committee Act, referred to in subsecs. (g)(6)
and (h), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
Amendments
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, Sec. 133(c)(1), redesignated
subsecs. (e) to (i) as (d) to (h), respectively. Former subsec. (d)
redesignated (c).
