Congressional Commissions: Overview and Considerations for Congress

Congressional commissions are formal groups established to provide independent advice, recommend changes in public policy, study or investigate a particular problem or event, or commemorate an individual, group, or event. While there is no legal definition of congressional commission, this report defines it as a multimember independent entity that (1) is established by Congress, (2) exists temporarily, (3) serves in an advisory or commemorative capacity, (4) is appointed in whole or in part by Members of Congress, and (5) reports to Congress. These five characteristics differentiate congressional commissions from presidential commissions, executive branch commissions, and other bodies with “commission” in their names. Since the 101st Congress (1989-1990), Congress has established over 170 congressional commissions. Commissions might offer some advantages for policymakers. By establishing a commission, Congress can potentially provide a highly visible forum for important issues and assemble greater expertise than may be readily available within the legislature. Commissions can allow for the examination of complex policy issues over a longer period and in greater depth than may be practical for legislators. The nonpartisan or bipartisan character of most congressional commissions may also make their findings and recommendations more politically acceptable, both in Congress and to the public. On the other hand, critics argue that congressional commissions can be expensive, that they are often formed to take difficult decisions out of Congress’s hands, and that their recommendations are mostly ignored by decisionmakers. The temporary status of congressional commissions and the short time they are often given to complete their work call for legislators to construct commission statutes with care. Legislators have a wide variety of options for tailoring a commission’s composition, organization, and working arrangements, based on Congress’s particular goals. As a result, individual congressional commissions often have organizational structures and powers quite different from one another. This report provides an overview and analysis of congressional commissions, information about the general statutory structure of a congressional commission, and a catalog of congressional commissions created since the 101st Congress. For additional information on congressional commissions, see CRS Report R45328, Designing Congressional Commissions: Background and Considerations for Congress, by Jacob R. Straus; CRS Report RL33313, Congressional Membership and Appointment Authority to Advisory Commissions, Boards, and Groups, by Jacob R. Straus and Karen L. Shanton; CRS Report R41425, Commemorative Commissions: Overview, Structure, and Funding, by Jacob R. Straus; and CRS Report R45826, Congressional Commissions: Funding and Expenditures, coordinated by Jacob R. Straus.