§101. Membership and voting
(a) In General.-
(1) Establishment.-There is hereby established an Appalachian Regional Commission (hereinafter referred to as the "Commission") which shall be composed of one Federal member, hereinafter referred to as the "Federal Cochairman", appointed by the President by and with the advice and consent of the Senate, and one member from each participating State in the Appalachian region. The Federal Cochairman shall be one of the two Cochairmen of the Commission. Each State member shall be the Governor. The State members of the Commission shall elect a Cochairman of the Commission from among their number for a term of not less than one year.
(2) Meetings.-
(A) In general.-The Commission shall conduct at least 1 meeting each year with the Federal Cochairman and at least a majority of the State members present.
(B) Additional meetings.-The Commission may conduct such additional meetings by electronic means as the Commission considers advisable, including meetings to decide matters requiring an affirmative vote.
(b) Except as provided in section 105, decisions by the Commission shall require the affirmative vote of the Federal Cochairman and of a majority of the State members (exclusive of members representing States delinquent under section 105). In matters coming before the Commission, the Federal Cochairman shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter. A decision involving Commission policy, approval of any State, regional, or subregional development plan or implementing investment program, any modification or revision of the Appalachian Regional Commission Code, any allocation of funds among the States, or any designation of a distressed county or an economically strong county shall not be made without a quorum of the State members. The approval of project and grant proposals shall be a responsibility of the Commission and exercised in accordance with section 303 of this Act.
(c) 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, by and with the advice and consent of the Senate, 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 State or Federal representative for which he is an alternate. A State alternate shall not be counted toward the establishment of a quorum of the Commission in any instance in which a quorum of the State members is required. No Commission powers or responsibilities specified in the last two sentences of subsection (b) of this section, nor the vote of any Commission member, may be delegated to any person not a Commission member or who is not entitled to vote in Commission meetings.
(d) The Federal Cochairman shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title V,1 United States Code. His alternate shall be compensated by the Federal Government at level V of such Executive Schedule, and when not actively serving as an alternate for the Federal Cochairman, shall perform such functions and duties as are delegated to him by the Federal Cochairman. Each State member and his alternate shall be compensated by the State which they represent at the rate established by law of such State.
(
Pub. L. 89–4, title I, §101, Mar. 9, 1965, 79 Stat. 6
;
Pub. L. 94–188, title I, §§103, 104, Dec. 31, 1975, 89 Stat. 1079
, 1080;
Pub. L. 105–393, title II, §203, Nov. 13, 1998, 112 Stat. 3619
.)
References in Text
Level III of the Executive Schedule, referred to in subsec. (d), is set out in section 5314 of Title 5, Government Organization and Employees.
Subchapter II of chapter 53 of title V, United States Code, referred to in subsec. (d), means subchapter II (§5311 et seq.) of chapter 53 of Title 5.
Level V of the Executive Schedule, referred to in subsec. (d), is set out in section 5316 of Title 5.
Amendments
1998-Subsec. (a). Pub. L. 105–393, §203(a), (b)(1), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (b). Pub. L. 105–393, §203(c), added third sentence and struck out former third sentence which read as follows: "No decision involving Commission policy, approval of State, regional or subregional development plans or implementing investment programs, any modification or revision of the Appalachian Regional Commission Code, or any allocation of funds among the States may be made without a quorum of State members present."
Subsec. (c). Pub. L. 105–393, §203(b)(2), struck out "to be present" before period at end of fourth sentence.
1975-Subsec. (a). Pub. L. 94–188, §103(1), (2), substituted provision that each State member shall be the Governor for provision that each State member may be the Governor, or his designee, or such other person as may be provided by the law of the State which he represents, and inserted provision that term of Cochairman shall be for not less than a year.
Subsec. (b). Pub. L. 94–188, §103(3), inserted provisions requiring quorum of State members for Commission policy, approval of State, regional, or subregional development plans or implementing investment programs, modification or revision of the Appalachian Regional Commission Code, or allocation of funds among the States, and that the approval of the project and grant proposals shall be the responsibility of the Commission to be exercised in accordance with section 303 of this Act.
Subsec. (c). Pub. L. 94–188, §103(4), (5), substituted provisions that 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 for provisions that each State member shall have an alternate, appointed by the Governor or as otherwise may be provided by the law of the State which he represents, and inserted provisions that State alternate shall not be counted toward the establishment of a quorum of the Commission in any instance in which a quorum of the State members is required to be present and that no Commission powers or responsibilities specified in last two sentences of subsec. (b) of this section nor the vote of any Commission member may be delegated to any person not a Commission member or who is not entitled to vote in Commission meetings.
Subsec. (d). Pub. L. 94–188, §104, in provisions relating to compensation of Federal Cochairman and his alternate, substituted references to level III of the Executive Schedule in subchapter II of chapter 53 of title V and level V of such Executive Schedule for references to level IV of the Federal Executive Salary Schedule of the Federal Executive Salary Act of 1964 and grade GS–18 of the Classification Act of 1949, as amended, respectively.
Executive Order No. 11209
Ex. Ord. No. 11209, Mar. 25, 1965, 30 F.R. 3929, which established the Federal Development Committee for Appalachia, was revoked by Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, formerly set out as a note under section 3121 of Title 42, The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in section 303 of this Appendix; title 42 section 3246c.