1. U.S. Code
  2. title 40
  3. subtitle IV
  4. chapter 143
  5. subchapter I
  6. § 14306

Collapse to view only § 14306. Administrative powers and expenses

§ 14301. Establishment, membership, and employees
(a)Establishment.—There is an Appalachian Regional Commission.
(b)Membership.—
(1)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.
(2)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
1 So in original.
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.
(3)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.
(c)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.
(d)Delegation.—
(1)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.
(2)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.
(e)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.
(f)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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1256; Pub. L. 112–166, § 2(n), Aug. 10, 2012, 126 Stat. 1287.)

CITE AS: 40 USC 14301

§ 14302. Decisions
(a)Requirements for Approval.—Except as provided in section 14306(d) of this title, decisions by the Appalachian Regional Commission require the affirmative vote of the Federal Cochairman and of a majority of the state members, exclusive of members representing States delinquent under section 14306(d).
(b)Consultation.—In matters coming before the Commission, the Federal Cochairman, to the extent practicable, shall consult with the federal departments and agencies having an interest in the subject matter.
(c)Decisions Requiring Quorum of State Members.—A decision involving Commission policy, approval of state, regional or subregional development plans or strategy statements, modification or revision of the Appalachian Regional Commission Code, allocation of amounts among the States, or designation of a distressed county or an economically strong county shall not be made without a quorum of state members.
(d)Project and Grant Proposals.—The approval of project and grant proposals is a responsibility of the Commission and shall be carried out in accordance with section 14322 of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1257.)

CITE AS: 40 USC 14302

§ 14303. Functions
(a)In General.—In carrying out the purposes of this subtitle, the Appalachian Regional Commission shall—
(1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities under those plans and programs, giving due consideration to other federal, state, and local planning in the Appalachian region;
(2) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the resources of the region, and, in cooperation with federal, state, and local agencies, sponsor demonstration projects designed to foster regional productivity and growth;
(3) review and study, in cooperation with the agency involved, federal, state, and local public and private programs and, where appropriate, recommend modifications or additions which will increase their effectiveness in the region;
(4) formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation and work with state and local agencies in developing appropriate model legislation;
(5) encourage the formation of, and support, local development districts;
(6) encourage private investment in industrial, commercial, and recreational projects;
(7) serve as a focal point and coordinating unit for Appalachian programs;
(8) provide a forum for consideration of problems of the region and proposed solutions and establish and utilize, as appropriate, citizens and special advisory councils and public conferences;
(9) encourage the use of eco-industrial development technologies and approaches;
(10) seek to coordinate the economic development activities of, and the use of economic development resources by, federal agencies in the region; and
(11) support broadband access in the Appalachian region.
(b)Identify Needs and Goals of Subregional Areas.—In carrying out its functions under this section, the Commission shall identify the characteristics of, and may distinguish between the needs and goals of, appropriate subregional areas, including central, northern, and southern Appalachia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1258; Pub. L. 117–58, div. A, title I, § 11506(b), Nov. 15, 2021, 135 Stat. 584.)

CITE AS: 40 USC 14303

§ 14304. Recommendations
The Appalachian Regional Commission may make recommendations to the President and to the Governors and appropriate local officials with respect to—
(1) the expenditure of amounts by federal, state, and local departments and agencies in the Appalachian region in the fields of natural resources, agriculture, education, training, and health and welfare and in other fields related to the purposes of this subtitle; and
(2) additional federal, state, and local legislation or administrative actions as the Commission considers necessary to further the purposes of this subtitle.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1258.)

CITE AS: 40 USC 14304

§ 14305. Liaison between Federal Government and Commission
(a)President.—The President shall provide effective and continuing liaison between the Federal Government and the Appalachian Regional Commission and a coordinated review within the Government of the plans and recommendations submitted by the Commission pursuant to sections 14303 and 14304 of this title.
(b)Interagency Coordinating Council on Appalachia.—In carrying out subsection (a), the President shall establish the Interagency Coordinating Council on Appalachia, to be composed of the Federal Cochairman and representatives of federal agencies that carry out economic development programs in the Appalachian region. The Federal Cochairman is the Chairperson of the Council.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1259.)

CITE AS: 40 USC 14305

§ 14306. Administrative powers and expenses
(a)Powers.—To carry out its duties under this subtitle, the Appalachian Regional Commission may—
(1) adopt, amend, and repeal bylaws and regulations governing the conduct of its business and the performance of its functions;
(2) appoint and fix the compensation of an executive director and other personnel as necessary to enable the Commission to carry out its functions, except that the compensation shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of title 5;
(3) request the head of any federal department or agency to detail to temporary duty with the Commission personnel within the administrative jurisdiction of the head of the department or agency that the Commission may need for carrying out its functions, each detail to be without loss of seniority, pay, or other employee status;
(4) arrange for the services of personnel from any state or local government, subdivision or agency of a state or local government, or intergovernmental agency;
(5)
(A) make arrangements, including contracts, with any participating state government for inclusion in a suitable retirement and employee benefit system of Commission personnel who may not be eligible for, or continue in, another governmental retirement or employee benefit system; or
(B) otherwise provide for coverage of its personnel;
(6) accept, use, and dispose of gifts or donations of services or any property;
(7) enter into and perform contracts, leases (including the lease of office space for any term), cooperative agreements, or other transactions, necessary in carrying out its functions, on terms as it may consider appropriate, with any—
(A) department, agency, or instrumentality of the Federal Government;
(B) State or political subdivision, agency, or instrumentality of a State; or
(C) person;
(8) maintain a temporary office in the District of Columbia and establish a permanent office at a central and appropriate location it may select and field offices at other places it may consider appropriate; and
(9) take other actions and incur other expenses as may be necessary or appropriate.
(b)Authorizations.—
(1)Detail employees.—The head of a federal department or agency may detail personnel under subsection (a)(3).
(2)Enter into and perform transactions.—A department, agency, or instrumentality of the Government, to the extent not otherwise prohibited by law, may enter into and perform a contract, lease, cooperative agreement, or other transaction under subsection (a)(7).
(c)Retirement and Other Employee Benefit Programs.—The Director of the Office of Personnel Management may contract with the Commission for continued coverage of Commission employees, if the employees are federal employees when they begin Commission employment, in the retirement program and other employee benefit programs of the Government.
(d)Expenses.—Administrative expenses of the Commission shall be paid equally by the Government and the States in the Appalachian region, except that the expenses of the Federal Cochairman, the alternate to the Federal Cochairman, and the staff of the Federal Cochairman shall be paid only by the Government. The Commission shall determine the amount to be paid by each State. The Federal Cochairman shall not participate or vote in that determination. Assistance authorized by this subtitle shall not be furnished to any State or to any political subdivision or any resident of any State, and a state member of the Commission shall not participate or vote in any decision by the Commission, while the State is delinquent in payment of its share of administrative expenses.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1259.)

CITE AS: 40 USC 14306

§ 14307. Meetings
(a)In General.—The Appalachian Regional Commission shall conduct at least one meeting each year with the Federal Cochairman and at least a majority of the state members present.
(b)Additional Meetings by Electronic Means.—The Commission may conduct additional meetings by electronic means as the Commission considers advisable, including meetings to decide matters requiring an affirmative vote.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1260.)

CITE AS: 40 USC 14307

§ 14308. Information
(a)Actions of Commission.—To obtain information needed to carry out its duties, the Appalachian Regional Commission shall—
(1) hold hearings, sit and act at times and places, take testimony, receive evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports on the proceedings as the Commission may deem advisable;
(2) arrange for the head of any federal, state, or local department or agency to furnish to the Commission information as may be available to or procurable by the department or agency; and
(3) keep accurate and complete records of its doings and transactions which shall be made available for—
(A) public inspection; and
(B) audit and examination by the Comptroller General or an authorized representative of the Comptroller General.
(b)Authorizations.—
(1)Administer oaths.—A Cochairman of the Commission, or any member of the Commission designated by the Commission, may administer oaths when the Commission decides that testimony shall be taken or evidence received under oath.
(2)Furnish information.—The head of any federal, state, or local department or agency, to the extent not otherwise prohibited by law, may carry out subsection (a)(2).
(c)Public Participation.—Public participation in the development, revision, and implementation of all plans and programs under this subtitle by the Commission, any State, or any local development district shall be provided for, encouraged, and assisted. The Commission shall develop and publish regulations specifying minimum guidelines for public participation, including public hearings.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1260; Pub. L. 109–284, § 6(31), Sept. 27, 2006, 120 Stat. 1213.)

CITE AS: 40 USC 14308

§ 14309. Personal financial interests
(a)Conflict of Interest.—
(1)No role allowed.—Except as permitted by paragraph (2), an individual who is a state member or alternate, or an officer or employee of the Appalachian Regional Commission, shall not participate personally and substantially as a member, alternate, officer, or employee in any way in any particular matter in which, to the individual’s knowledge, any of the following has a financial interest:
(A) the individual.
(B) the individual’s spouse, minor child, or partner.
(C) an organization (except a State or political subdivision of a State) in which the individual is serving as an officer, director, trustee, partner, or employee.
(D) any person or organization with whom the individual—
(i) is serving as an officer, director, trustee, partner, or employee; or
(ii) is negotiating or has any arrangement concerning prospective employment.
(2)Exception.—Paragraph (1) does not apply if the individual first advises the Commission of the nature and circumstances of the particular matter and makes full disclosure of the financial interest and receives in advance a written decision of the Commission that the interest is not so substantial as to be considered likely to affect the integrity of the services which the Commission may expect from the individual.
(3)Criminal penalty.—An individual violating this subsection shall be fined under title 18, imprisoned for not more than two years, or both.
(b)Additional Sources of Salary Disallowed.—
(1)State member or alternate.—A state member or alternate may not receive any salary, or any contribution to, or supplementation of, salary, for services on the Commission from a source other than the State of the member or alternate.
(2)Individuals detailed to commission.—An individual detailed to serve the Commission under section 14306(a)(4) of this title may not receive any salary, or any contribution to, or supplementation of, salary, for services on the Commission from a source other than the state, local, or intergovernmental department or agency from which the individual was detailed or from the Commission.
(3)Criminal penalty.—An individual violating this subsection shall be fined under title 18, imprisoned for not more than one year, or both.
(c)Federal Cochairman, Alternate to Federal Cochairman, and Federal Officers and Employees.—The Federal Cochairman, the alternate to the Federal Cochairman, and any federal officer or employee detailed to duty with the Commission under section 14306(a)(3) of this title are not subject to this section but remain subject to sections 202–209 of title 18.
(d)Rescission.—The Commission may declare void and rescind any contract, loan, or grant of or by the Commission in relation to which it finds that there has been a violation of subsection (a)(1) or (b) of this section or any of the provisions of sections 202–209 of title 18.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1261.)

CITE AS: 40 USC 14309

§ 14310. Annual report

Not later than six months after the close of each fiscal year, the Appalachian Regional Commission shall prepare and submit to the Governor of each State in the Appalachian region and to the President, for transmittal to Congress, a report on the activities carried out under this subtitle during the fiscal year.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1262.)

CITE AS: 40 USC 14310