Title 15 — Commerce and Trade
Chapter 74 — Competitiveness Policy Council
§ 4806. Powers of Council
Statutory text
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.
Information
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.
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.
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.
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.
Gifts
The Council may accept, use, and dispose of gifts or donations of services or property.
Use of mails
The Council may use the United States mails in the same manner and under the same conditions as other Federal agencies.
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.
Subcouncils
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.
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.
Any such subcouncil shall include a representative of the Federal Government.
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—
to encourage adjustment and modernization of the industry involved;
to monitor and facilitate industry responsiveness to opportunities identified under section 4807(b)(1)(B) of this title;
to encourage the ability of the industry involved to compete in markets identified under section 4807(b)(1)(C) of this title; or
to alleviate the problems in a specific policy area facing more than one industry.
Any discussion held by any subcouncil shall not be considered to violate any Federal or State antitrust law.
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.
Any subcouncil shall terminate 30 days after making recommendations, unless the Council specifically requests that the subcouncil continue in operation.
Applicability of chapter 10 of title 5
The provisions of subsections (e) and (f) of section 1009 of title 5 shall not apply to the Council.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Competitiveness Policy Council Act
Pub. L. 100–418 title V § 5207 · 102 Stat. 1107
Enacted · 15 U.S.C. § 4806
Pub. L. 100–418, title V, § 5207, Aug. 23, 1988, 102 Stat. 1459
Source evidence
Code source credit
Pub. L. 100–418, title V, § 5207, Aug. 23, 1988, 102 Stat. 1459Enacted provision · exact public law section
SEC. 5207. POWERS OF THE COUNCIL. (a) Hearings.— The Council may, for the purpose of carrying out the provisions of this subtitle, 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 subtitle. 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 Classified information. Defense and national security. 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. (d) Consultation With the President and the Congress.— No later than 60 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. (e) Gifts.— The Council may accept, use, and dispose of gifts or donations of services or property. (f) Use of the Mails.— The Council may use the United States mails in the same manner and under the same conditions as other Federal agencies. (g) 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. (h) 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 5208(b)(1)(B); (C) to encourage the ability of the industry involved to compete in markets identified under section 5208(b)(1)(C); 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. (i) Applicability of Advisory Committee Act.— The provisions of subsections (e) and (f) of section 10, of the Federal Advisory Committee Act shall not apply to the Council.Customs and Trade Act of 1990
Pub. L. 101–382 title I § 133(c) · 104 Stat. 629
Redesignated · 15 U.S.C. § 4806(c)
Pub. L. 101–382 redesignated subsec. (d) as (c)
Substituted · 15 U.S.C. § 4806(c)
Pub. L. 101–382 substituted “120” for “60”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–382 redesignated subsec. (d) as (c), and substituted “120” for “60”.Enacted provision · exact public law section
(c) Powers of the Council.— Section 5207 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4806) is amended— (1) by redesignating subsections (d), (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), (g), and (h), respectively; and (2) in subsection (c) (as redesignated under paragraph (1)) by striking out “60” and inserting in lieu thereof “120.”.Customs and Trade Act of 1990
Pub. L. 101–382 § 133(c)(1) · 104 Stat. 629
Redesignated · 15 U.S.C. § 4806(d)(i)
Pub. L. 101–382, § 133(c)(1), redesignated subsecs. (e) to (i) as (d) to (h), respectively. Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsecs. (d) to (i). Pub. L. 101–382, § 133(c)(1), redesignated subsecs. (e) to (i) as (d) to (h), respectively. Former subsec. (d) redesignated (c).Enacted provision · exact public law section
(1) by redesignating subsections (d), (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), (g), and (h), respectively; andPub. L. 117–286 § 4(a)(74)(A) · 136 Stat. 4196
Substituted · 15 U.S.C. § 4806(g)(6)
Pub. L. 117–286, § 4(a)(74)(A), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”
Source evidence
Code amendment note
Subsec. (g)(6). Pub. L. 117–286, § 4(a)(74)(A), substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”.Enacted provision · exact public law section
(A) in subsection (g)(6), by striking “the Federal Advisory Committee Act,” and inserting “chapter 10 of title 5, United States Code,”; andPub. L. 117–286 § 4(a)(74)(B) · 136 Stat. 4196
Substituted · 15 U.S.C. § 4806(h)
Pub. L. 117–286, § 4(a)(74)(B), substituted “chapter 10 of title 5” for “Advisory Committee Act” in text
Substituted · 15 U.S.C. § 4806(h)
Pub. L. 117–286, § 4(a)(74)(B), substituted “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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(B) in subsection (h)— (i) in the subsection heading, by striking “Advisory Committee Act” and inserting “Chapter 10 of Title 5, United States Code”; and (ii) in text, by striking “subsections (e) and (f) of section 10, of the Federal Advisory Committee Act” and inserting “subsections (e) and (f) of section 1009 of title 5, United States Code,”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments1990–2022 · 2 rounds
2022
Subsec. (g)(6). Pub. L. 117–286, § 4(a)(74)(A), substituted “chapter 10 of title 5,” for “the Federal Advisory 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), redesignated 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 Governmental Affairs of Senate, effective , by Senate Resolution No. 445, One Hundred Eighth Congress, .
Credits
1988–2022 · 3 acts
- 1988Pub. L. 100–418, title V, § 5207, , 102 Stat. 1459
- 1990Pub. L. 101–382, title I, § 133(c), , 104 Stat. 649
- 2022Pub. L. 117–286, § 4(a)(74), , 136 Stat. 4314.
Show as published
(Pub. L. 100–418, title V, § 5207, , 102 Stat. 1459; Pub. L. 101–382, title I, § 133(c), , 104 Stat. 649; Pub. L. 117–286, § 4(a)(74), , 136 Stat. 4314.)