Title 40 — Public Buildings, Property, and Works
Chapter 143 — Appalachian Regional Commission
§ 14301. Establishment, membership, and employees
Statutory text
Establishment.—
There is an Appalachian Regional Commission.
Membership.—
Federal and state members.—
The Commission is composed of the Federal Cochairman, appointed by the President by and with the advice and consent of the Senate, and the Governor of each participating State in the Appalachian region.
Alternate members.—
Each state member may have a single alternate, appointed by the Governor from among the members of the Governor’s cabinet or the Governor’s personal staff. The President,,1 shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the member for whom the individual is an alternate. A state alternate shall not be counted toward the establishment of a quorum of the Commission when a quorum of the state members is required.
Cochairmen.—
The Federal Cochairman is one of the two Cochairmen of the Commission. The state members shall elect a Cochairman of the Commission from among themselves for a term of not less than one year.
Compensation.—
The Federal Cochairman shall be compensated by the Federal Government at level III of the Executive Schedule as set out in section 5314 of title 5. The Federal Cochairman’s alternate shall be compensated by the Government at level V of the Executive Schedule as set out in section 5316 of title 5. Each state member and alternate shall be compensated by the State which they represent at the rate established by law of that State.
Delegation.—
Powers and responsibilities.—
Commission powers and responsibilities specified in section 14302(c) and (d) of this title, and the vote of any Commission member, may not be delegated to an individual who is not a Commission member or who is not entitled to vote in Commission meetings.
Alternate federal cochairman.—
The alternate to the Federal Cochairman shall perform the functions and duties the Federal Cochairman delegates when not actively serving as the alternate.
Executive Director.—
The Commission has an executive director. The executive director is responsible for carrying out the administrative functions of the Commission, for directing the Commission staff, and for other duties the Commission may assign.
Status of Personnel.—
Members, alternates, officers, and employees of the Commission are not federal employees for any purpose, except the Federal Cochairman, the alternate to the Federal Cochairman, the staff of the Federal Cochairman, and federal employees detailed to the Commission under section 14306(a)(3) of this title.
Footnotes
- 1 So in original.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 107–217 · 116 Stat. 1062
Enacted · 40 U.S.C. § 14301
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1256
Source evidence
Code source credit
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1256Presidential Appointment Efficiency and Streamlining Act of 2011
Pub. L. 112–166 § 2(n) · 126 Stat. 1283
Struck · 40 U.S.C. § 14301(b)(2)
Pub. L. 112–166 struck out “by and with the advice and consent of the Senate” after “The President,”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 112–166 struck out “by and with the advice and consent of the Senate” after “The President,”.Enacted provision · exact public law section
(n) Appalachian Regional Commission; Alternate Federal Co-Chairman.— Section 14301(b)(2) of title 40, United States Code, is amended by striking “by and with the advice and consent of the Senate”.Effective date note
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 14301(a), (b)(1) | 40 App.:101(a)(1) (1st, 3d sentences). | Pub. L. 89–4, title I, § 101(a)(1), (c), (d), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94–188, title I, §§ 103(1), (2), (4), (5), 104, Dec. 31, 1975, 89 Stat. 1079, 1080; Pub. L. 105–393, title II, § 203(a)(1), (b)(2), Nov. 13, 1998, 112 Stat. 3619. |
| 14301(b)(2) | 40 App.:101(c) (1st–4th sentences). | |
| 14301(b)(3) | 40 App.:101(a)(1) (2d, last sentences). | |
| 14301(c) | 40 App.:101(d) (1st sentence, 2d sentence related to compensation, last sentence). | |
| 14301(d)(1) | 40 App.:101(c) (last sentence). | |
| 14301(d)(2) | 40 App.:101(d) (2d sentence related to delegation). | |
| 14301(e) | 40 App.:106(2) (2d sentence). | Pub. L. 89–4, title I, § 106(2) (2d, last sentences), Mar. 9, 1965, 79 Stat. 8; Pub. L. 94–188, title I, § 108, Dec. 31, 1975, 89 Stat. 1081. |
| 14301(f) | 40 App.:106(2) (last sentence). | |
In subsection (e), the words “The Commission has an executive director” are added for clarity.
Editorial Notes
Amendments
2012—Subsec. (b)(2). Pub. L. 112–166 struck out “by and with the advice and consent of the Senate” after “The President,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after , and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Credits
2002–2012 · 2 acts
- 2002Pub. L. 107–217, , 116 Stat. 1256
- 2012Pub. L. 112–166, § 2(n), , 126 Stat. 1287.
Show as published
(Pub. L. 107–217, , 116 Stat. 1256; Pub. L. 112–166, § 2(n), , 126 Stat. 1287.)