---
kind: "section"
citation: "15 U.S.C. § 4804"
title: "15"
title_heading: "Commerce and Trade"
number: "4804"
heading: "Membership"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/4804"
units:
  - "Chapter 74 — Competitiveness Policy Council"
---

# §4804. Membership

- (a) **Composition and representation—**
  - (1) The [Council](/usc/15/4809.md?p=1) shall consist of 12 [members](/usc/15/4809.md?p=2), of whom—
    - (A) four [members](/usc/15/4809.md?p=2) 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](/usc/15/4809.md?p=2) 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](/usc/15/15g.md?p=2) or [local government](/usc/15/34.md?p=1); and
    - (C) four [members](/usc/15/4809.md?p=2) 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](/usc/15/15g.md?p=2) or [local government](/usc/15/34.md?p=1).
  - (2) In addition to the head of a Federal department or agency appointed in accordance with [subsection (a)(1)(A)(iv)](#a-1-A-iv), other Federal officials may participate on an ex-officio basis as requested by the [Council](/usc/15/4809.md?p=1).
  - (3) All [members](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) shall be individuals who have a broad understanding of the [United States](/usc/15/4809.md?p=3) economy and the [United States](/usc/15/4809.md?p=3) competitive position internationally.
  - (4) Not more than 6 [members](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) shall be [members](/usc/15/4809.md?p=2) of the same political party.
- (b) **Initial appointments—** The initial [members](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) shall be appointed within 30 days after August 20, 1990.
- (c) **Vacancies—**
  - (1) A vacancy on the [Council](/usc/15/4809.md?p=1) shall be filled in the same manner in which the original appointment was made.
  - (2) Any [member](/usc/15/4809.md?p=2) appointed to fill a vacancy on the [Council](/usc/15/4809.md?p=1) occurring before the expiration of the term for which the predecessor of such [member](/usc/15/4809.md?p=2) was appointed shall be appointed only for the remainder of such term.
  - (3) A [member](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) may serve after the expiration of the term of such [member](/usc/15/4809.md?p=2) until the successor of such [member](/usc/15/4809.md?p=2) has taken office.
- (d) **Removal—** [Members](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) may be removed only for malfeasance in office.
- (e) **Conflict of interest—** A [member](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) 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](/usc/2/1602.md)).
- (f) **Expenses—** Each [member](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1), while engaged in duties as a [member](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1), 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](/usc/15/4809.md?p=2), in accordance with subchapter I of chapter 57 of title 5.
- (g) **Quorum—**
  - (1) **In general—** Seven [members](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) 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](/usc/15/4809.md?p=1).
  - (2) **Initial organization—** The [Council](/usc/15/4809.md?p=1) shall not commence its duties until all the nongovernmental [members](/usc/15/4809.md?p=2) have been appointed and have qualified.
- (h) **Chairperson—** The [Council](/usc/15/4809.md?p=1) shall elect, by a two-thirds vote of the entire [Council](/usc/15/4809.md?p=1), a chairperson from among the nongovernmental [members](/usc/15/4809.md?p=2).
- (i) **Meetings—** The [Council](/usc/15/4809.md?p=1) shall meet at the call of the chairperson or a majority of the [members](/usc/15/4809.md?p=2).
- (j) **Policy actions—** Except as provided in [subsection (g)](#g), no action establishing policy shall be taken by the [Council](/usc/15/4809.md?p=1) unless approved by two-thirds of the entire membership of the [Council](/usc/15/4809.md?p=1).
- (k) **Alternate members—**
  - (1) Each [member](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) shall designate one alternate representative to attend any meeting that such [member](/usc/15/4809.md?p=2) is unable to attend.
  - (2) In the course of attending any such meeting, an alternate representative shall be considered a [member](/usc/15/4809.md?p=2) of the [Council](/usc/15/4809.md?p=1) for all purposes, except for voting.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

1995—Subsec. (e). Pub. L. 104–65, which directed amendment of section “5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e))” by inserting “or a lobbyist for a foreign entity (as the terms ‘lobbyist’ and ‘foreign entity’ are defined under section 1602 of title 2)” after “an agent for a foreign principal”, was executed to section 5205(e) of such Act, which is subsec. (e) of this section, to reflect the probable intent of Congress.

1990—Subsec. (b). Pub. L. 101–382, § 133(a)(1), substituted reference to Aug. 20, 1990, for reference to Jan. 21, 1989.

Subsec. (e). Pub. L. 101–382, § 133(a)(2), added subsec. (e) and struck out former subsec. (e) which read as follows:

“(1) A member of the Council may not serve as an agent for a foreign principal.

“(2) Members of the Council shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (Public Law 95–521), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.

“(3) Members of the Council shall be deemed to be special Government employees, as defined in section 202 of title 18, for purposes of sections 201, 202, 203, 205, and 208 of such title.”

Subsec. (f). Pub. L. 101–382, § 133(a)(2), added subsec. (f) and struck out former subsec. (f) “Compensation” which read as follows:

“(1) Each member of the Council who is not employed by the Federal Government or any State or local government—

“(A) shall be compensated at a rate equal to the daily equivalent of the rate for GS–18 of the General Schedule pursuant to section 5332 of title 5 for each day such member is engaged in duties as a member of the Council; and

“(B) 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 section 5703 of such title.

“(2) Each member of the Council who is employed by the Federal Government or any State or local government shall serve on the Council without additional compensation, but 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.”

Subsec. (l). Pub. L. 101–382, § 133(a)(3), struck out subsec. (l) which read as follows: “The Council may procure temporary and intermittent services under section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS–16 of the General Schedule.”

Subsec. (m). Pub. L. 101–382, § 133(a)(3), struck out subsec. (m) which read as follows: “Upon request of the Council, the head of any other Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Council to assist the Council in carrying out its duties under this chapter.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.