40 U.S.C. § 14302 — Decisions

Page 245 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14303 (2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Federal Cochairman shall per- form the functions and duties the Federal Co- chairman 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 Com- mission may assign. (f) STATUS OF PERSONNEL.—Members, alter- nates, officers, and employees of the Commis- sion 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14301(a), (b)(1). 40 App.:101(a)(1) (1st, 3d sen- tences). 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 sen- tences). 14301(b)(3) .. 40 App.:101(a)(1) (2d, last sentences). 14301(c) ...... 40 App.:101(d) (1st sentence, 2d sen- tence 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 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. § 14302. Decisions (a) REQUIREMENTS FOR APPROVAL.—Except as provided in section 14306(d) of this title, deci- sions by the Appalachian Regional Commission require the affirmative vote of the Federal Co- chairman and of a majority of the state mem- bers, 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 fed- eral departments and agencies having an inter- est 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 Re- gional 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 mem- bers. (d) PROJECT AND GRANT PROPOSALS.—The ap- proval of project and grant proposals is a re- sponsibility of the Commission and shall be car- ried out in accordance with section 14322 of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1257.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 14302 .......... 40 App.:101(b). Pub. L. 89–4, title I, § 101(b), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94–188, title I, § 103(3), Dec. 31, 1975, 89 Stat. 1080; Pub. L. 105–393, title II, § 203(c), Nov. 13, 1998, 112 Stat. 3619; Pub. L. 107–149, § 13(a), Mar. 12, 2002, 116 Stat. 71. § 14303. Functions (a) IN GENERAL.—In carrying out the purposes of this subtitle, the Appalachian Regional Com- mission shall— (1) develop, on a continuing basis, com- prehensive and coordinated plans and pro- grams 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, re- search, 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 pub- lic and private programs and, where appro- priate, recommend modifications or additions which will increase their effectiveness in the region; (4) formulate and recommend, where appro- priate, 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 indus- trial, commercial, and recreational projects; (7) serve as a focal point and coordinating unit for Appalachian programs;