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1 1 (March 7, 2023)

handle is hein.crs/govekxe0001 and id is 1 raw text is: Congressional Research Service Informing the legislative debate since 1914 Updated March 7, 2023 Starting a Federal Regional Commission or Authority The federal regional commissions and authorities are seven congressionally-chartered, federal-state partnerships that were developed to address economic distress in targeted geographic regions. With congressional authorization, new regional commissions could be created in areas of the country not currently serviced. This In Focus addresses past and anticipated future congressional interest into the issues and processes involved in starting a federal regional commission based on existing models. Current Commissions and Authorities As of March 2023, eight federal regional commissions have been authorized by Congress. (Although some are designated as authorities, this In Focus will refer to all of them collectively as commissions.) Five are currently active, have received recent appropriations, and have a Senate-confirmed federal co-chair (or equivalent) in place: the Appalachian Regional Commission (ARC); the Delta Regional Authority (DRA); the Denali Commission; the Northern Border Regional Commission (NBRC); and the Southeast Crescent Regional Commission (SCRC). A sixth commission, the Southwest Border Regional Commission (SBRC) is authorized but has yet to convene its members or undertake core planning or investment activities. Two commissions were authorized but are inactive: the Northern Great Plains Regional Authority (NGPRA) and the Great Lakes Authority (GLA). The active commissions engage in economic development activities in their service areas with funding from annual congressional appropriations. Structural Features Common Structures While the authorized federal regional commissions have individual distinguishing features, they all include a structure broadly modeled after the Appalachian Regional Commission, which was established by Congress in 1965 (40 U.S.C. §§14101-14704). The commission structure is comprised of a federal co-chair and the state governors of member states or their designated representative (of which one serves as state co-chair). The commission is supplemented by professional staff to carry out organizational activities. While largely considered independent federal agencies, most commission members and staff are not federal employees. The main exception is the federal co-chair, that co-chair's alternate, and that co- chair's direct staff. However, a commission may adopt certain federal personnel practices. For example, the ARC pegs its salary grades to the Office of Personnel Management's General Schedule, and former federal employees may remain in the federal retirement system. A new federal regional commission may use a similar structure to the one established for the ARC, which was broadly replicated in the other commissions. However, this basic structure has been adapted to the circumstances and needs of the region in question. Structural Exceptions While the prevailing structure is broadly apparent among the federal regional commissions, exceptions and certain novelties are also evident. For example, the ARC's authorizing statute requires state governors to serve as ARC members and has no allowance for governors to designate a representative (although an alternate may be allowed in extenuating circumstances). By contrast, the other active regional commissions allow for the member state governors to appoint designated representatives to serve in their stead. As a single-state commission, the Denali Commission features several structural exceptions. Alongside the federal co-chair, the commission is comprised of the state governor (who is state co-chair) as well as five other members: the University of Alaska president; the Alaska Municipal League president; the Alaska Federation of Natives president; the Alaska State AFL-CIO president; and the Associated General Contractors of Alaska president. The Denali Commission's federal co-chair is appointed by the Secretary of Commerce, while the federal co-chairs of other commissions are appointed by the President and require confirmation by the Senate. The Denali Commission's inclusion of non-gubernatorial membership is also a feature of the multi-state Northern Great Plains Regional Authority. Though inactive, the NGPRA consisted of the federal co- chair, the state governors, as well as a Native American tribal co-chair. The NGPRA also used a 501(c)(3) organization as a resource for implementation. A new federal regional commission may share the existing commissions' basic structures while including features to represent certain regional economic, social, cultural, or historical characteristics. Such an approach could also be adapted to programmatic intent; for example, emphases on certain industries, types of economic development (such as infrastructure or workforce development), or other policy priorities, like energy transition or conservation. Authorization and Establishment Process Regional Consensus and Demand While chartered by Congress, federal regional commissions are rooted in the states and localities they represent. Prior to their statutory creation, all federal regional commissions were preceded by state, local, and/or congressional expressions of support. The ARC, for example, was founded in response to initiatives from Appalachian regional governors. Those efforts led to presidential and

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