Executive Order 12103—President's Commission on the Coal Industry

By the authority vested in me as President by the Constitution of the United States of America, and in order to modify and continue, in accord with the provisions of the Federal Advisory Committee Act (5 U.S.C. App. I), a balanced forum to review the state of the Nation's coal industry, it is hereby ordered as follows:

1-1. Establishment.

1-101. There is established the President's Commission on the Coal Industry.

1-102. The membership of the Commission shall be composed of five persons appointed by the President from citizens in private life. One shall represent the interests of labor, one shall represent management and three shall represent the general public. The labor and management representatives shall be chosen from among candidates recommended by the United Mine Workers of America and the Bituminous Coal Operators Association of America, but shall not be members of these organizations. The President shall designate one of the members representing the general public to chair the Commission.

1-103. The President of the Senate and the Speaker of the House of Representatives may designate three members of their respective Houses to attend and participate in all meetings of the Commission ex officio.

1-104. The Secretary of Labor and the Secretary of Energy or their designees may also attend and participate in all meetings of the Commission ex officio.

1-2. Functions.

1-201. The Commission shall conduct a comprehensive review of the state of the coal industry in the United States with particular emphasis on matters pertaining to productivity, capital investment, and the general economic health of the industry; collective bargaining, grievance procedures, and such other aspects of labormanagement relations as the Commission deems appropriate; health, safety and living conditions in the Nation's coal fields; the development and application of new technologies to the industry; the impact on the coal industry of Federal regulations; and such other matters as the Commission deems appropriate.

1-202. The five members appointed by the President shall prepare and transmit a final report of their findings and recommendations to the President, the Secretary of Labor and the Secretary of Energy.

1-203. To assist the Commission in the exercise of its functions, the Commission may sponsor a White House conference on the future of the coal industry.

1-3. Administration.

1-301. The Chairman of the Commission is authorized to appoint and fix the compensation of a staff and such other persons as may be necessary to carry out its functions, subject to the applicable provisions of the Federal Advisory Committee Act, including Section 7(d)(2) thereof. Supergrade staff positions may not include more than one position at the GS-18 level, one position at the GS-17 level, and three positions at the GS-16 level, and shall be subject to the applicable provisions of law, including any applicable provisions of Sections 3324 and 5108 of Title 5 of the United States Code. The Commission may obtain services in accordance with the provisions of Section 3109 of Title 5 of the United States Code, to the extent that funds are available therefor.

1-302. To the extent authorized by law and requested by the Chairman of the Commission or by the Departments of Labor or Energy, the General Services Administration shall provide the Commission with necessary administrative services, facilities and support on reimbursable basis.

1-303. The Department of Labor and the Department of Energy shall, to the extent permitted by law and subject to the availability of funds, provide the Commission with such information, advice, facilities, support, funds and services, including staff, as may be necessary for the effective performance of the Commission's functions.

1-304. The Commission may request any Executive agency to furnish such information or assistance it deems necessary to carry out its functions. Each such agency is authorized, to the extent permitted by law, to furnish such information and assistance to the Commission upon request of the Chairman.

1-305. Each member of the Commission may receive compensation at the rate now or hereafter prescribed by law for GS-15 of the General Schedule for each day such member is engaged in the work of the Commission. Each member may also receive travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5702 and 5703). Individuals designated to attend meetings under Section 1-103 of this Order may also receive such travel expenses, including per diem in lieu of subsistence, which are permitted by law.

1-306. The functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I) which are applicable to the Commission, except that of reporting annually to the Congress, shall be performed by the Administrator of General Services.

1-4. Final Report and Termination.

1-401. The final report required by Section 1-202 of this Order shall be transmitted not later than one year from the date of this Order.

1-402. The Commission shall terminate one year from the date of this Order.

1-403. Executive Order No. 12062 of May 26, 1978, is revoked.

JIMMY CARTER

The White House,

December 14, 1978.

[Filed with the Office of the Federal Register, 11:32 a.m., December 14, 1978]