View all text of Chapter 74 [§ 4801 - § 4809]
§ 4806. Powers of Council
(a) Hearings
(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
(d) Gifts
(e) Use of mails
(f) Administrative and support services
(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 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
(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.)