Designing Congressional Commissions: Background and Considerations for Congress

Summary

Congressional advisory commissions are temporary entities established by Congress to provide advice, make recommendations for changes in public policy, study or investigate a particular problem or event, or perform a specific duty. Generally, commissions may hold hearings, conduct research, analyze data, investigate policy areas, and/or make field visits as they perform their duties. Most complete their work by delivering their findings, recommendations, or advice in the form of a written report to Congress. For example, the National Commission on Terrorist Attacks Upon the United States was created to “examine and report upon the facts and causes relating to the terrorist attacks of September 11, 2001,” and to “investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism,” among other duties. The commission ultimately submitted a final report to Congress and the President containing its findings and conclusions, along with 48 policy recommendations.

Advisory commission legislation generally has specific features that provide the commission with the authorities and resources necessary to complete its mission. Using a dataset of statutorily authorized congressional commissions from the 101st Congress (1989-1990) to the 115th Congress (2017-2018), this report focuses on the legislative language used to establish congressional commissions.

Policymakers face a number of choices when designing a commission. Statutes establishing congressional commissions commonly provide a series of deadlines that outline the commission’s statutory lifecycle, including deadlines for appointment of commissioners, the commission’s initial meeting, the submission of a final report and any interim reports, and the commission’s termination. Additionally, commission statutes frequently include sections that establish the commission and state its mandate; provide a membership structure and authority for making appointments; outline the commission’s duties; grant the commission certain powers; define any rules of procedure; address hiring of commission staff; and prescribe how the commission will be funded.

A variety of options are available for each of these decisions. This report discusses the above-listed topics, along with subissues relevant to each. Legislators can tailor the composition, organization, and working arrangements of a commission based on particular congressional goals; this report provides illustrative examples of statutory language for these topics, discusses potential alternative approaches, and analyzes possible advantages or disadvantages of different choices in commission design. This report focuses on congressional commissions created by statute and does not address entities created by the President or other nonstatutory advisory bodies.