Composition and representation
Initial appointments
The initial members of the Council shall be appointed within 30 days after .
Vacancies
Removal
Members of the Council may be removed only for malfeasance in office.
Conflict of interest
section 1602 of title 2A 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 ).
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.
Quorum
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.
Initial organization
The Council shall not commence its duties until all the nongovernmental members have been appointed and have qualified.
Chairperson
The Council shall elect, by a two-thirds vote of the entire Council, a chairperson from among the nongovernmental members.
Meetings
The Council shall meet at the call of the chairperson or a majority of the members.
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.
Alternate members
Pub. L. 100–418, title V, § 5205102 Stat. 1457 Pub. L. 101–382, title I, § 133(a)104 Stat. 648 Pub. L. 104–65, § 12(a)109 Stat. 701 (, , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 104–6515 U.S.C. 4804(e)section 1602 of title 21995—Subsec. (e). , which directed amendment of section “5206(e) of the Competitiveness Policy Council Act ()” by inserting “or a lobbyist for a foreign entity (as the terms ‘lobbyist’ and ‘foreign entity’ are defined under )” 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.
Pub. L. 101–382, § 133(a)(1)1990—Subsec. (b). , substituted reference to , for reference to .
Pub. L. 101–382, § 133(a)(2)Subsec. (e). , 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.
Public Law 95–521“(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 (), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.
section 202 of title 18“(3) Members of the Council shall be deemed to be special Government employees, as defined in , for purposes of sections 201, 202, 203, 205, and 208 of such title.”
Pub. L. 101–382, § 133(a)(2)Subsec. (f). , 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—
section 5332 of title 5“(A) shall be compensated at a rate equal to the daily equivalent of the rate for GS–18 of the General Schedule pursuant to 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.”
lPub. L. 101–382, § 133(a)(3)lsection 3109(b) of title 5Subsec. (). , struck out subsec. () which read as follows: “The Council may procure temporary and intermittent services under , 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.”
Pub. L. 101–382, § 133(a)(3)Subsec. (m). , 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Pub. L. 104–65section 24 of Pub. L. 104–65section 1601 of Title 2Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , The Congress.