Title 40, Public Buildings, Property, and WorksRelease 119-110

§14301 Establishment, Membership, and Employees

Title 40 › SUBTITLE IV — APPALACHIAN REGIONAL DEVELOPMENT › CHAPTER 143 — APPALACHIAN REGIONAL COMMISSION › SUBCHAPTER I — ORGANIZATION AND ADMINISTRATION › § 14301

Last updated Sep 23, 2026|Official source

Summary

Creates the Appalachian Regional Commission. It has a Federal Cochairman, picked by the President with Senate approval, and the Governor of each participating State. Each Governor may name one alternate from the Governor’s cabinet or staff, and the President names an alternate for the Federal Cochairman. An alternate may vote if the main member is absent, dead, disabled, removed, or resigns, but a state alternate does not count toward a state-member quorum when that is required. The Federal Cochairman is one of two cochairmen, and the state members elect the other for a term of not less than one year. The Federal Cochairman is paid at level III of the Executive Schedule (section 5314 of title 5) and that alternate at level V (section 5316 of title 5). State members and alternates are paid by their States. Powers and votes listed in sections 14302(c) and (d) cannot be delegated to nonmembers or nonvoters. The Commission has an executive director who runs its administration and staff. Members, alternates, officers, and employees are not federal employees except the Federal Cochairman, that alternate, the Federal Cochairman’s staff, and federal employees detailed under section 14306(a)(3).

Full Legal Text

Title 40, §14301

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(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,, 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.— (f) Status of Personnel.—
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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

40 U.S.C. § 14301

Title 40, Public Buildings, Property, and Works

Last Updated

Sep 23, 2026

Release point: 119-110