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40 U.S.C. § 15301 — Establishment, membership, and employees

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 15301 — Establishment, membership, and employees

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Stable record: federal_law:legal_authorities:record_usc_81a19533ab23c4f3d035b51d
Source file: Laws/federal/codes/united-states-code/title-40/section-15301-establishment-membership-and-employees--fc44a38786.md
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Source location: Title 40, Chapter 153, § 15301; chapter-153-regional-commissions.md

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**(a) Establishment.—** There are established the following regional Commissions: (1) The Southeast Crescent Regional Commission. (2) The Southwest Border Regional Commission. (3) The Northern Border Regional Commission. (4) The Great Lakes Authority. (5) The Mid-Atlantic Regional Commission. (6) The Southern New England Regional Commission. **(b) Membership.—** (1) **Federal and state members.—** — Each Commission shall be composed of the following members: (A) A Federal Cochairperson, to be appointed by the President, by and with the advice and consent of the Senate. (B) The Governor of each participating State in the region of the Commission. (2) **Alternate members.—** (A) *Alternate federal cochairperson.—* — The President shall appoint an alternate Federal Cochairperson for each Commission. The alternate Federal Cochairperson, when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson. (B) *State alternates.—* — The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the members of the Governor’s cabinet or personal staff. (C) *Voting.—* (i) *In general.—* — An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate. (ii) *State alternates.—* — If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place. (3) **Cochairpersons.—** — A Commission shall be headed by— (A) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Commission; and (B) a State Cochairperson, who shall be a Governor of a participating State in the region and shall be elected by the State members for a term of not less than 1 year. (4) **Consecutive terms.—** — A State member may not be elected to serve as State Cochairperson for more than 2 consecutive terms. **(c) Compensation.—** (1) **Federal cochairpersons.—** — Each Federal Cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule as set out in [section 5314 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim). (2) **Alternate federal cochairpersons.—** — Each Federal Cochairperson’s alternate shall be compensated by the Federal Government at level V of the Executive Schedule as set out in [section 5316 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5316&num=0&edition=prelim). (3) **State members and alternates.—** — Each State member and alternate shall be compensated by the State that they represent at the rate established by the laws of that State. **(d) Executive Director and Staff.—** (1) **In general.—** — A Commission shall appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Commission to carry out its duties. Compensation under this paragraph may not exceed the maximum rate of basic pay established for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim), including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (2) **Executive director.—** — The executive director shall be responsible for carrying out the administrative duties of the Commission, directing the Commission staff, and such other duties as the Commission may assign. **(e) No Federal Employee Status.—** No member, alternate, officer, or employee of a Commission (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal employee detailed to the Commission) shall be considered to be a Federal employee for any purpose. **(f) Succession.—** Subject to the time limitations under [section 3346 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3346&num=0&edition=prelim), the Federal Cochairperson may designate an employee of the Commission to perform the functions and duties of the office of the Federal Cochairperson temporarily in an acting capacity if both the Federal Cochairperson and the alternate Federal Cochairperson die, resign, or otherwise are unable to perform the functions and duties of their offices.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5316 — Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5314 — Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5382 — Establishment of rates of pay for the Senior Executive Service

**(a)** Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373. **(b)** Notwithstanding the provisions of subsection (a), the applicable maximum shall be level II of the Executive Schedule for any agency that is certified under section 5307 as having a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance. **(c)** No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under subsection (b) to an agency with an applicable maximum rate of pay prescribed under subsection (a).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5382

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3346 — Time limitation

**(a)** Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office— (1) for no longer than 210 days beginning on the date the vacancy occurs; or (2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate. **(b)** (1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return. (2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve— (A) until the second nomination is confirmed; or (B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned. **(c)** If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 15101 — Definitions

In this subtitle, the following definitions apply: (1) **Commission.—** — The term “Commission” means a Commission or Authority established under section 15301. (2) **Local development district.—** — The term “local development district” means an entity that— (A) (i) is an economic development district that is— (I) in existence on the date of the enactment of this chapter; and (II) located in the region; or (ii) if an entity described in clause (i) does not exist— (I) is organized and operated in a manner that ensures broad-based community participation and an effective opportunity for local officials, community leaders, and the public to contribute to the development and implementation of programs in the region; (II) is governed by a policy board with at least a simple majority of members consisting of— (aa) elected officials; or (bb) designees or employees of a general purpose unit of local government that have been appointed to represent the unit of local government; and (III) is certified by the Governor or appropriate State officer as having a charter or authority that includes the economic development of counties, portions of counties, or other political subdivisions within the region; and (B) has not, as certified by the Federal Cochairperson— (i) inappropriately used Federal grant funds from any Federal source; or (ii) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (3) **Federal grant program.—** — The term “Federal grant program” means a Federal grant program to provide assistance in carrying out economic and community development activities. (4) **Indian tri

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 15101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 401 — Definitions

In this chapter: (1) **Establishment.—** — The term “establishment” means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Agency for International Development, the Community Development Financial Institutions Fund, the Environmental Protection Agency, the Federal Communications Commission, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Federal Deposit Insurance Corporation, the Small Business Administration, the Corporation for National and Community Service, the Social Security Administration, the Federal Housing Finance Agency, the Tennessee Valley Authority, the Export-Import Bank of the United States, the Commissions established under [section 15301 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section15301&num=0&edition=prelim), the National Security Agency, or the National Reconnaissance Office, as the case may be. (2) **Federal agency.—** — The term “Federal agency” means an agency as defined in [section 552(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim) (including an establishment as defined in paragraph (1)), but shall not be construed to include the Government Accountability Office. (3) **Head of the establishment.—** — The term “head of the establishment” means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Devel

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 401

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 15301 — Establishment, membership, and employ-

Page 267 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15301 1 See References in Text note below. 2 So in original. Probably means chapter 4 of this subtitle. 1 So in original. Does not conform to section catchline. (I) is organized and operated in a manner that ensures broad-based community par- ticipation and an effective opportunity for local officials, community leaders, and the public to contribute to the development and implementation of programs in the re- gion; (II) is governed by a policy board with at least a simple majority of members con- sisting of— (aa) elected officials; or (bb) designees or employees of a gen- eral purpose unit of local government that have been appointed to represent the unit of local government; and (III) is certified by the Governor or ap- propriate State officer as having a charter or authority that includes the economic development of counties, portions of coun- ties, or other political subdivisions within the region; and (B) has not, as certified by the Federal Co- chairperson— (i) inappropriately used Federal grant funds from any Federal source; or (ii) appointed an officer who, during the period in which another entity inappropri- ately used Federal grant funds from any Federal source, was an officer of the other entity. (3) FEDERAL GRANT PROGRAM.—The term ‘‘Federal grant program’’ means a Federal grant program to provide assistance in car- rying out economic and community develop- ment activities. (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1 (5) NONPROFIT ENTITY.—The term ‘‘nonprofit entity’’ means any organization described in section 501(c) of the Internal Revenue Code of 1

Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 15301

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