40 U.S.C. § 15302 — Decisions

Page 268 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15302 (A) A Federal Cochairperson, to be ap- pointed 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 mem- ber of a participating State may have a sin- gle alternate, who shall be appointed by the Governor of the State from among the mem- bers 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 accord- ance 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 Gov- ernment and the Commission; and (B) a State Cochairperson, who shall be a Governor of a participating State in the re- gion and shall be elected by the State mem- bers for a term of not less than 1 year. (4) CONSECUTIVE TERMS.—A State member may not be elected to serve as State Cochair- person 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 Execu- tive Schedule as set out in section 5314 of title 5. (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. (3) STATE MEMBERS AND ALTERNATES.—Each State member and alternate shall be com- pensated 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 di- rector and such other personnel as are nec- essary 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 Serv- ice under section 5382 of title 5, including any applicable locality-based comparability pay- ment that may be authorized under section 5304(h)(2)(C) of that title. (2) EXECUTIVE DIRECTOR.—The executive di- rector shall be responsible for carrying out the administrative duties of the Commission, di- recting the Commission staff, and such other duties as the Commission may assign. (e) NO FEDERAL EMPLOYEE STATUS.—No mem- ber, alternate, officer, or employee of a Commis- sion (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal em- ployee detailed to the Commission) shall be con- sidered to be a Federal employee for any pur- pose. (f) SUCCESSION.—Subject to the time limita- tions under section 3346 of title 5, the Federal Cochairperson may designate an employee of the Commission to perform the functions and duties of the office of the Federal Cochairperson tem- porarily in an acting capacity if both the Fed- eral Cochairperson and the alternate Federal Cochairperson die, resign, or otherwise are un- able to perform the functions and duties of their offices. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1469, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2231; amended Pub. L. 115–334, title VI, § 6304(f), Dec. 20, 2018, 132 Stat. 4752; Pub. L. 117–328, div. O, title IV, § 401(a)(1), Dec. 29, 2022, 136 Stat. 5228; Pub. L. 118–272, div. B, title II, §§ 2242(a), 2249(a), 2250(a), Jan. 4, 2025, 138 Stat. 3202, 3209.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2025—Subsec. (a)(5). Pub. L. 118–272, § 2249(a), added par. (5). Subsec. (a)(6). Pub. L. 118–272, § 2250(a), added par. (6). Subsec. (b)(2)(C). Pub. L. 118–272, § 2242(a)(1), des- ignated existing provisions as cl. (i), inserted heading, and added cl. (ii). Subsec. (f). Pub. L. 118–272, § 2242(a)(2), substituted ‘‘an employee’’ for ‘‘a Federal employee’’. 2022—Subsec. (a)(4). Pub. L. 117–328 added par. (4). 2018—Subsec. (f). Pub. L. 115–334 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 15302. Decisions (a) REQUIREMENTS FOR APPROVAL.—Except as provided in section 15304(c)(3), decisions by the Commission shall require the affirmative vote of the Federal Cochairperson and a majority of the State members or alternate State members, in- cluding designees (exclusive of members rep- Page 269 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15304 resenting States delinquent under section 15304(c)(3)(C)). (b) CONSULTATION.—In matters coming before the Commission, the Federal Cochairperson shall, to the extent practicable, consult with the Federal departments and agencies having an in- terest in the subject matter. (c) QUORUMS.— (1) IN GENERAL.—Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission. (2) REQUIREMENTS.—Any quorum for meet- ings of a Commission shall include— (A) the Federal Cochairperson or the alter- nate Federal Cochairperson; and (B) a majority of State members or alter- nate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)). (d) PROJECTS AND GRANT PROPOSALS.—The ap- proval of project and grant proposals shall be a responsibility of each Commission and shall be carried out in accordance with section 15503. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232; amended Pub. L. 118–272, div. B, title II, § 2242(b), Jan. 4, 2025, 138 Stat. 3202.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2025—Subsec. (a). Pub. L. 118–272, § 2242(b)(1), inserted ‘‘or alternate State members, including designees’’ after ‘‘State members’’. Subsec. (c). Pub. L. 118–272, § 2242(b)(2), added subsec. (c) and struck out former subsec. (c). Prior to amend- ment, text read as follows: ‘‘A Commission shall deter- mine what constitutes a quorum for Commission meet- ings; except that— ‘‘(1) any quorum shall include the Federal Cochair- person or the alternate Federal Cochairperson; and ‘‘(2) a State alternate member shall not be counted toward the establishment of a quorum.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 15303. Functions A Commission shall— (1) assess the needs and assets of its region based on available research, demonstration projects, investigations, assessments, and evaluations of the region prepared by Federal, State, and local agencies, universities, local development districts, and other nonprofit groups; (2) develop, on a continuing basis, com- prehensive and coordinated economic and in- frastructure development strategies to estab- lish priorities and approve grants for the eco- nomic development of its region, giving due consideration to other Federal, State, and local planning and development activities in the region; (3) not later than one year after the date of the enactment of this section, and after tak- ing into account State plans developed under section 15502, establish priorities in an eco- nomic and infrastructure development plan for its region, including 5-year regional outcome targets; (4)(A) enhance the capacity of, and provide support for, local development districts in its region; or (B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development dis- trict; (5) encourage private investment in indus- trial, commercial, and other economic devel- opment projects in its region; (6) cooperate with and assist State govern- ments with the preparation of economic and infrastructure development plans and pro- grams for participating States; (7) formulate and recommend to the Gov- ernors and legislatures of States that partici- pate in the Commission forms of interstate co- operation and, where appropriate, inter- national cooperation; and (8) work with State and local agencies in de- veloping appropriate model legislation to en- hance local and regional economic develop- ment. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in par. (3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 15304. Administrative powers and expenses (a) POWERS.—In carrying out its duties under this subtitle, a Commission may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise repro- duce and distribute a description of the pro- ceedings and reports on actions by the Com- mission as the Commission considers appro- priate; (2) authorize, through the Federal or State Cochairperson or any other member of the Commission designated by the Commission,