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ommendations submitted by the Commission pursuant to sections 14303 and
14304 of this title.
(b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In carrying
out subsection (a), the President shall establish the Interagency Coordinating
Council on Appalachia, to be composed of the Federal Cochairman and rep-
resentatives of federal agencies that carry out economic development programs
in the Appalachian region. The Federal Cochairman is the Chairperson of the
Council.
§ 14306. Administrative powers and expenses
(a) POWERS.—To carry out its duties under this subtitle, the Appalachian
Regional Commission may—
(1) adopt, amend, and repeal bylaws and regulations governing the
conduct of its business and the performance of its functions;
(2) appoint and fix the compensation of an executive director and
other personnel as necessary to enable the Commission to carry out its
functions, except that the compensation shall not exceed the maximum
rate of basic pay for the Senior Executive Service under section 5382
of title 5, including any applicable locality-based comparability payment
that may be authorized under section 5304(h)(2)(C) of title 5;
(3) request the head of any federal department or agency to detail to
temporary duty with the Commission personnel within the administra-
tive jurisdiction of the head of the department or agency that the Com-
mission may need for carrying out its functions, each detail to be with-
out loss of seniority, pay, or other employee status;
(4) arrange for the services of personnel from any state or local gov-
ernment, subdivision or agency of a state or local government, or inter-
governmental agency;
(5)(A) make arrangements, including contracts, with any partici-
pating state government for inclusion in a suitable retirement and em-
ployee benefit system of Commission personnel who may not be eligible
for, or continue in, another governmental retirement or employee benefit
system; or
(B) otherwise provide for coverage of its personnel;
(6) accept, use, and dispose of gifts or donations of services or any
property;
(7) enter into and perform contracts, leases (including the lease of of-
fice space for any term), cooperative agreements, or other transactions,
necessary in carrying out its functions, on terms as it may consider ap-
propriate, with any—
(A) department, agency, or instrumentality of the Federal Gov-
ernment;
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(B) State or political subdivision, agency, or instrumentality of
a State; or
(C) person;
(8) maintain a temporary office in the District of Columbia and es-
tablish a permanent office at a central and appropriate location it may
select and field offices at other places it may consider appropriate; and
(9) take other actions and incur other expenses as may be necessary
or appropriate.
(b) AUTHORIZATIONS.—
(1) DETAIL EMPLOYEES.—The head of a federal department or agency
may detail personnel under subsection (a)(3).
(2) ENTER INTO AND PERFORM TRANSACTIONS.—A department, agen-
cy, or instrumentality of the Government, to the extent not otherwise pro-
hibited by law, may enter into and perform a contract, lease, cooperative
agreement, or other transaction under subsection (a)(7).
(c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.—The Di-
rector of the Office of Personnel Management may contract with the Commis-
sion for continued coverage of Commission employees, if the employees are fed-
eral employees when they begin Commission employment, in the retirement
program and other employee benefit programs of the Government.
(d) EXPENSES.—Administrative expenses of the Commission shall be paid
equally by the Government and the States in the Appalachian region, except
that the expenses of the Federal Cochairman, the alternate to the Federal Co-
chairman, and the staff of the Federal Cochairman shall be paid only by the
Government. The Commission shall determine the amount to be paid by each
State. The Federal Cochairman shall not participate or vote in that deter-
mination. Assistance authorized by this subtitle shall not be furnished to any
State or to any political subdivision or any resident of any State, and a state
member of the Commission shall not participate or vote in any decision by
the Commission, while the State is delinquent in payment of its share of ad-
ministrative expenses.
§ 14307. Meetings
(a) IN GENERAL.—The Appalachian Regional Commission shall conduct at
least one meeting each year with the Federal Cochairman and at least a ma-
jority of the state members present.
(b) ADDITIONAL MEETINGS
BY ELECTRONIC MEANS.—The Commission
may conduct additional meetings by electronic means as the Commission con-
siders advisable, including meetings to decide matters requiring an affirma-
tive vote.
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§ 14308. Information
(a) ACTIONS OF COMMISSION.—To obtain information needed to carry out
its duties, the Appalachian Regional Commission shall—
(1) hold hearings, sit and act at times and places, take testimony, re-
ceive evidence, and print or otherwise reproduce and distribute so much
of its proceedings and reports on the proceedings as the Commission may
deem advisable;
(2) arrange for the head of any federal, state, or local department or
agency to furnish to the Commission information as may be available
to or procurable by the department or agency; and
(3) keep accurate and complete records of its doings and transactions
which shall be made available for—
(A) public inspection; and
(B) audit and examination by the Comptroller General or an au-
thorized representative of the Comptroller General.
(b) AUTHORIZATIONS.—
(1) ADMINISTER OATHS.—A Cochairman of the Commission, or any
member of the Commission designated by the Commission, may admin-
ister oaths when the Commission decides that testimony shall be taken
or evidence received under oath.
(2) FURNISH INFORMATION.—The head of any federal, state, or local
department or agency, to the extent not otherwise prohibited by law, may
carry out section (a)(2).
(c) PUBLIC PARTICIPATION.—Public participation in the development, revi-
sion, and implementation of all plans and programs under this subtitle by
the Commission, any State, or any local development district shall be pro-
vided for, encouraged, and assisted. The Commission shall develop and pub-
lish regulations specifying minimum guidelines for public participation, in-
cluding public hearings.
§ 14309. Personal financial interests
(a) CONFLICT OF INTEREST.—
(1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an
individual who is a state member or alternate, or an officer or employee
of the Appalachian Regional Commission, shall not participate person-
ally and substantially as a member, alternate, officer, or employee in
any way in any particular matter in which, to the individual’s knowl-
edge, any of the following has a financial interest:
(A) the individual.
(B) the individual’s spouse, minor child, or partner.
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(C) an organization (except a State or political subdivision of a
State) in which the individual is serving as an officer, director,
trustee, partner, or employee.
(D) any person or organization with whom the individual—
(i) is serving as an officer, director, trustee, partner, or em-
ployee; or
(ii) is negotiating or has any arrangement concerning pro-
spective employment.
(2) EXCEPTION.—Paragraph (1) does not apply if the individual first
advises the Commission of the nature and circumstances of the particular
matter and makes full disclosure of the financial interest and receives
in advance a written decision of the Commission that the interest is not
so substantial as to be considered likely to affect the integrity of the serv-
ices which the Commission may expect from the individual.
(3) CRIMINAL PENALTY.—An individual violating this subsection shall
be fined under title 18, imprisoned for not more than two years, or both.
(b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—
(1) STATE MEMBER OR ALTERNATE.—A state member or alternate
may not receive any salary, or any contribution to, or supplementation
of, salary, for services on the Commission from a source other than the
State of the member or alternate.
(2) INDIVIDUALS DETAILED TO COMMISSION.—An individual detailed
to serve the Commission under section 14306(a)(4) of this title may not
receive any salary, or any contribution to, or supplementation of, salary,
for services on the Commission from a source other than the state, local,
or intergovernmental department or agency from which the individual
was detailed or from the Commission.
(3) CRIMINAL PENALTY.—An individual violating this subsection shall
be fined under title 18, imprisoned for not more than one year, or both.
(c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND
FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the alter-
nate to the Federal Cochairman, and any federal officer or employee detailed
to duty with the Commission under section 14306(a)(3) of this title are not
subject to this section but remain subject to sections 202–209 of title 18.
(d) RESCISSION.—The Commission may declare void and rescind any con-
tract, loan, or grant of or by the Commission in relation to which it finds
that there has been a violation of subsection (a)(1) or (b) of this section or
any of the provisions of sections 202–209 of title 18.
§ 14310. Annual report
Not later than six months after the close of each fiscal year, the Appa-
lachian Regional Commission shall prepare and submit to the Governor of