Options for Establishing a Temporary Advisory Body

Options for Establishing a Temporary Advisory Body

Updated December 19, 2014
Options for Establishing a Temporary Advisory Body
Overview
perceive that it will increase the probability of passage. This
may be the case even with high-profile advisory
Temporary advisory bodies are formal groups established to
commissions such as the National Commission on Terrorist
provide independent advice, make recommendations for
Attacks Upon the United States (the 9-11 commission, P.L.
changes in public policy, study or investigate a particular
107-306, November 27, 2002), which was attached to the
problem or event, or perform a specific duty. Usually
Intelligence Authorization Act for Fiscal Year 2003.
composed of policy experts chosen by Members of

Congress and/or officials in the executive branch,
Examples of Advisory Bodies
commissions may hold hearings, conduct research, analyze
data, investigate policy areas, or make field visits as they
perform their duties. Most such bodies complete their work
Established by Statute
by delivering their findings, recommendations, or advice in
National Commission on Terrorist Attacks Upon the
a written report.
United States
Advisory bodies can be broadly placed into three
Established by Chamber Resolution
categories: policy, investigatory, or commemorative. Most
Select Committee on Energy Independence and Global
advisory bodies are policy focused. Far fewer are
Warming
investigative and established to examine past events. A
small number are commemorative entities that plan,
Established by Committee Authority
coordinate, and oversee celebrations of people or events,
Advisory Commission to Study the Consumer Price
often in conjunction with milestone anniversaries.
Index
In the past, confusion has arisen over whether particular
Established by Executive Branch Authority
entities are advisory bodies. There are two chief reasons for
National Commission on Fiscal Responsibility and Reform
this confusion. First, advisory bodies are not typically
named as such; instead, they are designated as boards,
Quasi-Private Establishment
advisory panels, advisory committees, task forces,
Iraq Study Group
congressional commissions, blue-ribbon panels, or as other
terms. Conversely, a number of entities within the federal
government have the word “commission” in their names,
In addition to authorization bills, legislation establishing a
such as regulatory commissions. Unlike regulatory
commission may also be attached to appropriations bills.
commissions, however, congressional commissions are not
For example, the National Commission on Children and
typically granted administrative authority, and they usually
Disasters was part of the Fiscal Year 2008 Consolidated
lack the power to implement their findings or
Appropriations Act (P.L. 110-161, December 26, 2007).
recommendations.
Although many congressional advisory commissions
There are a variety of ways that temporary advisory bodies
established by statute are contained in larger language, it is
have been created. This report discusses five mechanisms
also not uncommon for such a commission to be established
for establishing an advisory body and provides examples of
through stand-alone legislation. During the 110th Congress,
advisory bodies established by such mechanisms. These
the Commission on the Abolition of the Transatlantic Slave
mechanisms are statutory, chamber resolution, committee
Trade (P.L. 110-183, February 5, 2008) was established
authority, executive branch authority, and quasi-private
through stand-alone legislation. Similarly, during the 111th
establishment.
Congress, the Ronald Reagan Centennial Commission (P.L.
Options for Establishment
111-25, June 2, 2009) was established through stand-alone
legislation.
Statutory Establishment
Not all advisory bodies established by statute are
congressional temporary advisory bodies. Congress
Most congressional temporary advisory bodies—entities
routinely establishes advisory commissions in the executive
that exist to report their findings to Congress—are
branch by statute. For example, in 2011 Congress created
established by statute. During the past 25 years, more than
the Independent Review Panel on Military Medical
85 congressional advisory commissions have been enacted
Construction Standards (P.L. 111-383), a federal advisory
into law. Often, legislation creating such a commission is
committee in the Department of Defense.
attached to larger “must-pass” legislation, as policymakers
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Options for Establishing a Temporary Advisory Body
Establishment by Chamber Resolution
executive branch. A federal advisory committee can be
established by statute, executive order of the President, or
If policymakers desire that members of the advisory body
on the authority of an agency head in the executive branch.
consist of Members of Congress, one alternative to
Each committee is composed of policy experts drawn from
establishing an independent congressional commission
government employees and private citizens, who provide
through statute would be to create a temporary select or
analysis and advice under specific charters from their
special committee within the House, Senate, or as a joint
establishing authority.
entity. Such committees are generally established by
chamber resolution to conduct investigations or studies, and
Advisory entities created in the executive branch are
occasionally to consider legislation. For example, the Select
regulated and managed under the Federal Advisory
Committee on Energy Independence and Global Warming
Committee Act (FACA; 5 U.S.C. Appendix), which
was established by the House of Representatives in the
mandates certain formal structural and operational
110th Congress. Section 4(c) of H.Res. 202 defined the
requirements, including formal reporting and oversight
select committee’s jurisdiction:
procedures. Additionally, FACA requires committee
meetings be open to the public, unless they meet certain
The select committee shall not have legislative
requirements. There are currently over 850 federal advisory
jurisdiction and shall have no authority to take
committees providing support to the executive branch.
legislative action on any bill or resolution. Its sole
authority shall be to investigate study, make findings,
Two prominent recent examples of advisory bodies
and develop recommendations on policies, strategies,
established by the executive branch are the National
technologies and other innovations, intended to reduce
Commission on Fiscal Responsibility (E.O. 13531,
the dependence of the United States on foreign
February 18, 2010) and the President’s Commission on
sources of energy and achieve substantial and
America’s Returning Wounded Warriors (E.O. 13426,
permanent reductions in emissions and other activities
March 6, 2007).
that contribute to climate change and global warming.
Quasi-Private Establishment
Establishment by Committee Authority
A final alternative is a quasi-private entity. In 2006, a
bipartisan group of Members of Congress directed the
Entities similar to congressional commissions may also be
creation of the Iraq Study Group without formal legislation,
established by individual standing committees of the House
and asked the United States Institute of Peace (USIP) to
and Senate. Committees in both the House and Senate are
support the group. Three private think tanks—the Center
authorized, subject to the approval of the Committee on
for the Study of the Presidency, the Center for Strategic and
Rules and Administration in the Senate and the Committee
International Studies, and the James A. Baker III Institute
on House Administration in the House, to hire consultants.
for Public Policy at Rice University—also supported the
The authority is also subject to specific funding limitations
group. Congress later appropriated $1 million for the
provided by the Committee on Rules and Administration
activities of the group. The co-chairs and other members of
and the Committee on House Administration in the
the group were chosen by its congressional supporters,
biannual committee funding resolution.
USIP, and the other supporting organizations. The group
submitted its final report to the President and Congress in
In the past, committees have occasionally used this
December, 2006.
authority to establish advisory bodies. For example, during
For more information, see CRS Report R40076,
the 104th Congress, the Senate Finance Committee
Congressional Commissions: Overview, Structure, and
established an Advisory Commission to Study the
Legislative Considerations, by Matthew E. Glassman and
Consumer Price Index. The commission was composed of
Jacob R. Straus, and CRS Report R40520, Federal
national economic experts, and submitted its final report to
Advisory Committees: An Overview, by Wendy Ginsberg.
the Finance Committee in December, 1996.
Establishment by Executive Branch
Matthew E. Glassman, Analyst on the Congress
IF10028
Another option for the creation of an advisory body is the
establishment of a federal advisory committee in the

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Options for Establishing a Temporary Advisory Body

Disclaimer
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