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.
(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
(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 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.
(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
(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
(A) to encourage adjustment and modernization of the industry
(B) to monitor and facilitate industry responsiveness to
opportunities identified under section 4807(b)(1)(B) of this
(C) to encourage the ability of the industry involved to
compete in markets identified under section 4807(b)(1)(C) of this
(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.