40 U.S.C. § 14301 — Establishment, membership, and employees

(a) Establishment. This section creates the Appalachian Regional Commission.

(b) Membership. (1) Federal and state members. The Commission includes the Federal Cochairman -- appointed by the President with Senate approval -- and the Governor of each state that participates in the Appalachian region. (2) Alternate members. Each state member can name one alternate, chosen from the Governor's cabinet or personal staff; the President appoints an alternate for the Federal Cochairman. An alternate votes if the member they stand in for is absent, has died, is disabled, has been removed, or has resigned. A state alternate doesn't count toward a quorum of state members. (3) Cochairmen. The Federal Cochairman is one of the Commission's two Cochairmen. The state members elect the other Cochairman from among themselves, for a term of at least one year.

(c) Compensation. The Federal Cochairman is paid by the federal government at level III of the Executive Schedule. That Cochairman's alternate is paid at level V of the Executive Schedule. Each state member and their alternate is paid by their own state, at whatever rate that state's law sets.

(d) Delegation. (1) Powers and responsibilities. The Commission's powers and duties under section 14302(c) and (d), and any Commission member's vote, cannot be handed off to someone who isn't a Commission member or isn't entitled to vote at Commission meetings. (2) Alternate federal cochairman. The Federal Cochairman's alternate carries out whatever duties the Federal Cochairman assigns, when not actively filling in as the alternate.

(e) Executive Director. The Commission has an executive director, who runs the Commission's administrative work, directs its staff, and handles other duties the Commission assigns.

(f) Status of Personnel. Members, alternates, officers, and employees of the Commission are not treated as federal employees for any purpose -- except the Federal Cochairman, that Cochairman's alternate, the Federal Cochairman's staff, and any federal employees detailed to the Commission under section 14306(a)(3).