President's Export Council Charter

CHARTER
 

1. Committee’s Official Designation (Title). President’s Export Council (PEC)
2. Authority. The PEC was established pursuant to Executive Order 12131 of May 4, 1979, as
   amended, and continued most recently by Executive Order 14109 titled “Continuance of Certain
   Federal Advisory Committees and Amendments to Other Executive Orders” issued on
   September 29, 2023, for a two-year period ending September 30, 2025. The PEC is governed in
   accordance with the provisions of the Federal Advisory Committee Act, as amended (FACA), 5
   U.S.C. § 1001 et seq.
3. Objectives and Scope of Activities. Through the Secretary of Commerce (Secretary), the
   PEC shall advise the President on matters relating to U.S. export trade and report to the President
   on its activities and on its recommendations for expanding U.S. exports.
4. Description of Duties. The PEC should survey and evaluate the export expansion activities
   of the communities represented by its membership; identify and examine specific problems that
   business, industrial, and agricultural practices may cause for export trade; examine the needs of
   business, industry, and agriculture to expand their efforts; and recommend specific solutions to
   these problems and needs.
   The PEC may act as liaison among the communities represented by the membership and may
   provide a forum for those communities on current and emerging problems and issues in the field
   of export expansion.
   The PEC should encourage the business, industrial, and agricultural communities to enter new
   foreign markets and to expand existing export programs.
   The PEC shall provide advice on Federal plans and actions that affect export expansion policies
   that have an impact on those communities represented by the membership.
   The PEC shall function as an advisory committee in accordance with the provisions of FACA
   and Executive Order 12131, as amended.
   The PEC may establish, with the concurrence of the Secretary, an executive committee and such
   other subordinate committees it considers necessary for the performance of its functions.
   Members of subordinate committees shall be appointed by the Secretary. The Chair of a
   subordinate committee shall be designated, with the concurrence of the Secretary, by the Chair of
   the PEC from among the membership of the PEC. One or more Vice Chair of each subordinate
   committee may be designated by the PEC Chair with the concurrence of the Chair of the
   respective subordinate committee, as applicable. Subordinate committees must report back to
   the PEC and must not provide advice or work products directly to a Federal officer or agency,
   unless chartered to do so.
5. Agency or Official to Whom the Committee Reports. The PEC will report to the President,
   through the Secretary of Commerce. The Secretary shall be responsible for filings and other
   applicable statutory requirements of FACA and is responsible for ensuring the reporting
   requirements of section 6(b) of the Act are appropriately fulfilled.
6. Support. The International Trade Administration (ITA) of the U.S. Department of Commerce
   shall provide administrative and staff services, support, and facilities for the PEC as necessary
   and to the extent permitted by law.
7. Estimated Annual Operating Costs and Staff Years. The estimated annual operating cost
   of the PEC is approximately $167,000, which includes 1.3 person years of staff support.
   Members of the PEC and its subcommittees who are not otherwise paid a salary by the Federal
   Government shall receive no compensation from the United States by virtue of their service on
   the PEC, but may, upon their request, be allowed travel expenses, including per diem in lieu of
   subsistence, as authorized by 5 U.S.C. § 5701 et seq.
8. Designated Federal Officer. The Under Secretary for International Trade, U.S. Department
   of Commerce, shall serve as the Executive Director of the PEC and shall designate a full-time or
   permanent part-time employee from among the employees of ITA to serve as the Designated
   Federal Officer (DFO). The DFO will approve or call all committee and subcommittee
   meetings, attend all committee and subcommittee meetings, adjourn any meeting when
   adjournment is determined to be in the public interest, and chair meetings when directed to do so
   by the Secretary of Commerce.
9. Estimated Number and Frequency of Meetings. The PEC shall meet semi-annually;
   however, additional meetings may be called with the approval of the Secretary and with the
   concurrence of the Chair. Meeting dates of the full committee shall be approved by the DFO,
   with the concurrence of the Executive Director, the Secretary, and the Chair. Meeting dates and
   meeting agendas of the subcommittees shall be approved by the DFO with the concurrence of the
   Chair of the subcommittee.
10. Duration. Continuing, subject to the Termination section below.
11. Termination. Unless extended by the President, the PEC will terminate on September 30,
    2025, consistent with EO 14109 of September 29, 2023.
12. Membership and Designation. The PEC shall consist of–
    1. the heads of the following executive departments, agencies, or offices, or their
       representatives: the Department of Agriculture, the Department
       of Commerce, the Department of Energy, the Department of Homeland
       Security, the Department of Labor, the Department of State, the Department
       of Transportation, and the Department of the Treasury; the Office of the United
       States Trade Representative; the Small Business Administration; the Export-
       Import Bank of the United States; the United States Trade and Development
       Agency; the United States International Development Finance Corporation;
       Council of Economic Advisors; the Office of Management and Budget; the
       National Economic Council; and the National Security Council;
    2. in their discretion, the heads of the following organizations or their designees: the
       National Governors Association and the United States Conference of Mayors;
    3. five members of the United States Senate designated by the President of the
       Senate to serve a two-year term; and five members of the United States House of
       Representatives designated by the Speaker of the House to serve a two-year term;
       and
    4. not more than 28 citizens who are not full-time Federal officers or employees,
       appointed by the President, and shall include representatives of business and
       industry, agriculture, and labor. These members shall serve at the pleasure of the
       President with no set term of appointment.
       Members who are appointed by the President serve in a representative capacity and are not
       Special Government Employees.
       The President shall designate a Chair and Vice Chair from among the members appointed by the
       President.
       Members shall not reference or otherwise utilize their membership on the PEC in connection
       with public statements made in their personal capacities without a disclaimer that the views
       expressed are their own and do not represent the views of the PEC, ITA, the Department of
       Commerce, or the U.S. Government.
13. Subcommittees. The PEC may establish, with the concurrence of the Secretary,
    subcommittees as it considers necessary for the performance of its functions. Members of the
    subcommittees shall be appointed by the Secretary. The Chair of each subcommittee shall be
    designated, with the concurrence of the Secretary, by the Chair of the PEC from among the
    members of the PEC. One or more Vice Chair of each subcommittee may be designated by the
    PEC Chair with the concurrence of the Chair of the subcommittee. Subcommittees must report
    back to the PEC and must not provide advice or work products directly to a Federal officer or
    agency.
14. Recordkeeping. The records of the PEC, formally and informally established
    subcommittees, or other subgroups of the PEC will be handled in accordance with General
    Records Schedule 6.2 or other approved agency records disposition schedule. Subject to the
    Freedom of Information Act, 5 U.S.C. § 552, records presented to or prepared for or by the PEC
    are available for public inspection.
15. Filing Date. The charter is filed on the date indicated below.
    _____________________________________________ ______________
    Deputy Assistant Secretary for Administration Date
    Performing the non-exclusive functions and duties of the
    Chief Financial Officer and Assistant Secretary
    for Administration
    __________________
    Filing Date
    JEREMY PELTER 11.15.2023 Digitally signed by JEREMY PELTER
    Date: 2023.11.15 17:58:27 -05’00’
    11/16/2023