Order Code RS22725
September 18, 2007
Congressional Advisory Commissions:
An Overview
Matthew E. Glassman
Analyst on the Congress
Government and Finance Division
Summary
A congressional advisory commission is a formal group often established for the
purpose of obtaining advice, developing recommendations on complex policy issues, or
finding solutions to contentious problems. Congressional commissions are usually
established by statute, typically involve Members of Congress in the appointment
process (either through direct service on the commission or by appointing or
recommending candidates), and deliver their work product to Congress, often in the
form of recommendations for legislative action.
Most congressional commissions are temporary bodies that study particular policy
problems or investigate events (policy commissions) and report their findings to
Congress. Congress also occasionally creates commissions that commemorate a person
or event, oversee ongoing functions of Congress, or serve diplomatic or
interparliamentary functions.
This report provides an overview of congressional advisory commissions and the
general statutory structure of a congressional policy commission. For additional
information, see CRS Report RL33313, Congressional Commissions, Committees,
Boards, and Groups: Appointment Authority and Membership, by Matthew E.
Glassman.
Overview of Advisory Commissions
An advisory commission is a formal group often established for the general purpose
of obtaining advice, developing recommendations on complex policy issues, or finding
solutions to contentious problems.1 By virtue of their ad hoc status, such advisory
commissions can circumvent normal bureaucratic constraints to provide diverse points
of view in matters of public policy within a definite time frame. The bipartisan or
nonpartisan arrangement of most advisory commissions can give their recommendations
1 Colton Campbell, “Creating an Angel: Congressional Delegation to Ad Hoc Commissions,”
Congress and the Presidency, vol. 25, no. 2 (Autumn 1998), p. 161.

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strong public credibility, even when dealing with divisive issues of public policy. Unlike
regulatory commissions, advisory commissions are not typically granted administrative
authority, and they usually lack the power to implement their findings or
recommendations. Instead, advisory commissions typically produce reports that present
their findings and offer recommendations for action.
Congressional commissions are usually established by statute, typically involve
Members of Congress in the appointment process (either through direct service on the
commission or by appointing or recommending candidates), and deliver their work
product to Congress, often in the form of recommendations for legislative action.2
Commissions created in the executive branch are established by statute, executive order,
or agency authority, and submit their work products to either the President or other
executive branch officials.
While commissions established in the executive branch are subject to the Federal
Advisory Committee Act (FACA), which governs their creation, administration, and
management,3 congressional commissions are not specifically bound by the requirements
set forth in FACA. Because many commissions involve both congressional and
presidential participation, statutes creating congressional commissions will sometimes
incorporate explicit statutory language exempting the commission from FACA
requirements either in whole or in part. Despite exemption from FACA — whether
implied or expressed — legislators usually apply similar guidelines to congressional
commissions in their establishment legislation.
If one considers all congressional commissions, they generally fall into one of four
categories. Most congressional commissions study particular policy problems or
investigate events (policy commissions) and report their findings to Congress. Less
common are commissions that commemorate a person or event (commemorative
commissions). Policy and commemorative commissions are often — although not always
— temporary in nature. Congress has also created a number of commissions that oversee
ongoing functions of Congress (operations commissions) or serve diplomatic or
interparliamentary functions (interparliamentary commissions). These commissions differ
from policy or commemorative commissions in that they typically are created to serve
ongoing functions, often have administrative authority, and usually do not have statutory
termination dates.
The remainder of this report focuses on the statutory structure of congressional
policy commissions. It does not cover the structure of commemorative, operations, or
interparliamentary commissions.
Statute Structure
Statutes establishing congressional policy commissions generally include language
that states the mandate of the commission, provides a membership structure and
2 Some commissions created by statute involve both Congress and the President in the
appointment process and deliver reports to both Congress and the President. These hybrid
commissions are also generally considered congressional commissions.
3 5 U.S.C. Appendix; 86 Stat. 770.

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appointment scheme, defines member compensation and other benefits, outlines the
commission’s duties and powers, authorizes funding, and sets a termination date for the
commission. Additionally, some statutes include explicit language exempting the
commission from FACA.
A wide variety of options are available for each of these organizational choices.
Legislators can tailor the composition, organization, and working arrangements of a
commission, based on the particular goals of Congress. As a result, individual
congressional commissions often have an organizational structure and powers quite
different from one another.

Establishment and Mandate. A commission’s establishment is generally
prescribed in a brief introductory paragraph. The proposed Commission on Catastrophic
Disaster Risk and Insurance was established with a single sentence:
There is established a bipartisan Commission on Catastrophic Disaster Risk and
Insurance.4
A bill creating a commission will sometimes provide congressional “findings”
identifying the conditions justifying the creation of the panel. The bill proposing the
Commission on Catastrophic Disaster Risk and Insurance includes seven specific findings
related to hurricane damage and the federal government’s role in catastrophe
management. In other cases, legislation creating a congressional commission may simply
include a short “purpose” section describing the justification for the creation of the
commission, in lieu of “findings.”
Membership. Congressional commissions use a wide variety of membership
schemes and appointment structures. The statutory scheme may require that membership
of a commission be made up in whole or in part of specifically designated Members of
Congress, typically Members in congressional or committee leadership positions. In other
cases, selected leaders, often with balance between the parties, appoint commission
members, who may or may not be Members of Congress. A third common statutory
scheme is to have selected leaders, again often with balance between the parties,
recommend members, who may or may not be Members of Congress, for appointment to
a commission. These leaders may act either in parallel or jointly, and the recommendation
may be made either to other congressional leaders, such as the Speaker of the House and
President pro tempore of the Senate, or to the President.
Some statutory provisions may have the effect of limiting the degree of autonomy
a Member has in appointing or making recommendations of individuals for commission
membership. For example, statutory language may require the appointing official to select
members who are specifically qualified by virtue of their education, knowledge, training,
experience, expertise, distinguished service, or recognized eminence in a particular field
or fields.5
4 Sec. 3, H.R. 537 (110th Congress).
5 For example, P.L. 109-58 prescribes that nominees for the United States Commission on North
American Energy Freedom must be “knowledgeable on energy issues, including oil and gas
(continued...)

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Compensation and Travel Expenses. Most statutorily created congressional
commissions do not compensate their members, except to reimburse members for
expenses directly related to their service, such as travel costs. For example, Section 201(i)
of the statute establishing the United States Commission on International Religious
freedom6 reads
(i) Funding. — Members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for employees under
subchapter I of chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the Commission.
Among congressional commissions that compensate their members, the level of
compensation is almost always specified statutorily, and is typically set in accordance
with one of the federal pay scales, prorated to the number of days of service. The most
common level of compensation is the daily equivalent of Level IV of the Executive
Schedule (EX), which has a basic annual rate of pay of $145,4007 in 2007.8 For example,
the statute establishing the Antitrust Modernization Commission9 states
(a) Pay. —
(1) Nongovernment employees. — Each member of the Commission who is
not otherwise employed by a government shall be entitled to receive the daily
equivalent of the annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5 United States Code, as in
effect from time to time, for each day (including travel time) during which
such member is engaged in the actual performance of duties of the
Commission.
(2) Government employees. — A member of the Commission who is an
officer or employee of a government shall serve without additional pay (or
benefits in the nature of compensation) for service as a member of the
Commission.
(b) Travel Expenses. — Members of the Commission shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with subchapter I of chapter
57 of title 5, United States Code.
Alternatively, members of some congressional commissions are compensated a
specific dollar amount that is set in statute.
5 (...continued)
exploration and production, crude oil refining, oil and gas pipelines, electricity production and
transmission, coal, unconventional hydrocarbon resources, fuel cells, motor vehicle power
systems, nuclear energy, renewable energy, biofuels, energy efficiency, and energy
conservation.”
6 P.L. 105-292; 112 Stat. 2787, 2798 (10/27/1998).
7 [http://www.opm.gov/oca/07tables/pdf/ex.pdf].
8 Although Level IV of the Executive Schedule is the most common compensation level, several
congressional commissions are compensated on other levels of the Executive Schedule or at
particular levels of the General Schedule. Members of congressional commissions that fall under
the Federal Advisory Committee Act (P.L. 92-463) are prohibited from receiving compensation
in excess of the rate specified for Executive Schedule Level IV.
9 P.L. 107-273; 116 Stat. 1758,1858-1858 (11/2/2002).

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Commission Staffing. Congressional commissions created to study a policy
problem or conduct an investigation are usually authorized to hire a staff. Many of these
commissions are specifically authorized to appoint a staff director and other personnel as
necessary. The size of the staff is not generally specified, allowing the commission
flexibility in judging its own staffing requirements. Typically, maximum pay rates will
be specified, but the commission will be granted authority to set actual pay rates within
those guidelines.
Most of these congressional commissions are also authorized to hire consultants and
procure intermittent services. Many commissions are statutorily authorized to request that
federal agencies detail personnel to assist the commission.
Duties and Reports. Congressional commissions are usually statutorily directed
to carry out specific tasks. These can include studying a problem, fact-finding, assessing
conditions, conducting an investigation, reviewing policy proposals, crafting
recommendations, and making feasibility determinations. For example, the proposed
Commission on Catastrophic Disaster Risk and Insurance is directed to
assess the condition of the property and casualty insurance and reinsurance markets
in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the 4 major
hurricanes that struck the United States in 2004; and the ongoing exposure of the
United States to windstorms, earthquakes, volcanic eruptions, tsunamis, and floods;
and recommend and report ... any necessary legislative and regulatory changes that
will improve the domestic and international financial health and competitiveness of
such markets; and assure consumers of availability of adequate insurance coverage
when an insured event occurs.10
Most commissions are required to produce an interim, annual, or final report for
transmittal to Congress, and sometimes to the President or executive department or
agency heads, usually within a specified period of time. A commission may also be
authorized to issue other recommendations it considers appropriate.
Since the recommendations contained in a commission report are only advisory, no
changes in public policy occur on the authority of a congressional commission. The
implementation of such recommendations is dependent upon future congressional or
executive branch action.
Commission Powers. Most congressional commissions are directed to hold
public meetings to discuss commission matters, usually at the call of the chair or the
majority of the commission. In addition, most of these congressional commissions are
statutorily empowered to hold fact-finding hearings and take testimony from witnesses.
Commissions are often empowered to subpoena witnesses. For example, the
proposed Hurricane Katrina Disaster Inquiry Commission11 is authorized to issue
subpoenas by agreement of the chair and vice chair, or by the affirmative vote of eight
10 Sec. 5, H.R. 537 (110th Congress).
11 H.R. 265 (110th Congress).

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commission members.12 Additional statutory language provides for the enforcement of
the subpoenas in federal court.
Some commissions are empowered to secure information from federal agencies. For
example, the Hurricane Katrina Disaster Inquiry Commission is authorized to
secure directly from any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the government, information,
suggestions, estimates, and statistics ... [e]ach department, bureau, agency, board,
commission, office, independent establishment, or instrumentality shall, to the extent
authorized by law, furnish such information ... upon request made by the chairman.13
In addition, Congress occasionally directs specific executive branch agencies to assist a
commission in the completion of its work.
Commission Funding. Congressional commission costs vary widely, ranging
from several hundred thousand dollars to over $10 million dollars. Overall expenses for
any individual commission are dependent on a variety of factors, the most important of
which are the number of paid staff and duration of the commission. Many commissions
have few or no full-time staff; others employ large numbers, such as the National
Commission on Terrorist Attacks Upon the United States,14 which had a full-time paid
staff of 80. Additionally, some commissions provide compensation to members; others
only reimburse members for travel expenses. Many commissions finish their work and
terminate within a year of creation; in other cases work may not be completed for several
years.
Secondary factors that can affect commission costs include the number of
commissioners, how often the commission meets or holds hearings, and the number and
size of publications the commission produces. Although congressional commissions are
primarily funded through congressional appropriations, many commissions are statutorily
authorized to accept donations of money and volunteer labor, which may offset costs.
Commission Termination. Congressional commissions are usually statutorily
mandated to terminate. Termination dates for most commissions are linked to either a
fixed period of time after the establishment of the commission, the selection of members,
or the date of submission of the commission’s final report. Alternatively, some
commissions are given fixed calendar termination dates.
12 Sec. 6(a)(2), H.R. 265 (110th Congress).
13 Sec. 6(c), H.R. 265 (110th Congress).
14 P.L. 107-306; 116 Stat. 2408.

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