§ 4804. Membership

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(a)Composition and representation

(1)The Council shall consist of 12 members, of whom—

(A)four members shall be appointed by the President, of whom—

(i)one shall be a national leader with experience and background in business;

(ii)one shall be a national leader with experience and background in the labor community;

(iii)one shall be a national leader who has been active in public interest activities; and

(iv)one shall be a head of a Federal department or agency;

(B)four members shall be appointed by the majority leader and the minority leader of the Senate, acting jointly, of whom—

(i)one shall be a national leader with experience or background in business;

(ii)one shall be a national leader with experience and background in the labor community;

(iii)one shall be a national leader with experience and background in the academic community; and

(iv)one shall be a representative of State or local government; and

(C)four members shall be appointed by the Speaker, the minority leader of the House of Representatives, acting jointly, of whom—

(i)one shall be a national leader with experience and background in business;

(ii)one shall be a national leader with experience and background in the labor community;

(iii)one shall be a national leader with experience and background in the academic community; and

(iv)one shall be a representative of State or local government.

(2)In addition to the head of a Federal department or agency appointed in accordance with subsection (a)(1)(A)(iv), other Federal officials may participate on an ex-officio basis as requested by the Council.

(3)All members of the Council shall be individuals who have a broad understanding of the United States economy and the United States competitive position internationally.

(4)Not more than 6 members of the Council shall be members of the same political party.

(b)Initial appointments The initial members of the Council shall be appointed within 30 days after August 20, 1990.

(c)Vacancies

(1)A vacancy on the Council shall be filled in the same manner in which the original appointment was made.

(2)Any member appointed to fill a vacancy on the Council occurring before the expiration of the term for which the predecessor of such member was appointed shall be appointed only for the remainder of such term.

(3)A member of the Council may serve after the expiration of the term of such member until the successor of such member has taken office.

(d)Removal Members of the Council may be removed only for malfeasance in office.

(e)Conflict of interest A 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 section 1602 of title 2).

(f)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.

(g)Quorum

(1)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.

(2)Initial organization The Council shall not commence its duties until all the nongovernmental members have been appointed and have qualified.

(h)Chairperson The Council shall elect, by a two-thirds vote of the entire Council, a chairperson from among the nongovernmental members.

(i)Meetings The Council shall meet at the call of the chairperson or a majority of the members.

(j)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.

(k)Alternate members

(1)Each member of the Council shall designate one alternate representative to attend any meeting that such member is unable to attend.

(2)In the course of attending any such meeting, an alternate representative shall be considered a member of the Council for all purposes, except for voting.

(Pub. L. 100–418, title V, § 5205, Aug. 23, 1988, 102 Stat. 1457; Pub. L. 101–382, title I, § 133(a), Aug. 20, 1990, 104 Stat. 648; Pub. L. 104–65, § 12(a), Dec. 19, 1995, 109 Stat. 701.)

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