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1 1 (March 25, 2020)

handle is hein.crs/govcpyw0001 and id is 1 raw text is: FF. ' ri- SE q$r. & t March 25, 2020 Congressional Use of Advisory Commissions Following Crises Throughout U.S. history, Congress has used advisory commissions to assist in the development of public policy. Among other contexts, commissions have been used following crisis situations, including the September 11, 2001, terrorist attacks. Advisory commissions can provide Congress with a potential high-visibility forum to assemble expertise that might not exist within the legislative environment and allow for the in-depth examination of complex, cross-cutting policy issues. As Congress considers its range of responses to the coronavirus pandemic, the creation of one or more congressional advisory commissions is an option that could provide a platform for, over time, evaluating a myriad of pandemic-related policy issues. Past congressional advisory commissions have retrospectively evaluated policy responses, brought together diverse groups of experts, and supplemented existing congressional oversight mechanisms. .at g-. ,(2 e ssio Advi.kt ry Congressional advisory commissions are formal, temporary groups, created to obtain advice, develop recommendations, or find solutions to short- and long-term public policy problems. A congressional advisory commission is generally defined as a multimember independent entity that 1. is established by Congress, 2. exists temporarily, 3. serves in an advisory capacity, 4. is appointed in part or whole by Members of Congress, and 5. reports to Congress. This definition differentiates a congressional commission from a presidential commission, an executive branch commission, or other bodies with commission in their names (e.g., the Federal Election Commission), while including most entities that fulfill the role commonly perceived for commissions: studying policy problems and reporting findings to Congress. As part of its response to crises or emergencies, Congress may establish a congressional commission both to provide a retrospective view on the causes and to develop recommendations for legislative or administrative action to help prevent or mitigate future such crises. Among the best-known examples of crisis-related commissions is the National Commission on Terrorist Attacks upon the United States (known as the 9/11 Commission). The 9/11 Commission, established in November 2002, was directed to report to Congress and the President regarding the causes of the 9/11 attacks, and to make recommendations to prevent future terrorist attacks. In addition to retrospective commissions, Congress has also occasionally created commissions to address potential future crises. For example, the NASA Authorization Act of 2005 provided for the creation of a Human Space Flight Independent Investigation Commission. Such a commission would be established in the event of a future space flight disaster resulting in the loss of human life. The commission would report to Congress and the President on the causes of the incident and make recommendations for corrective action. It has never been formulated, as a relevant disaster has not occurred since 2005. Should Congress create a commission to respond to an emergency or crisis, such an action could have several potential advantages. Advantages might include obtaining expertise, overcoming issue and political complexity, building consensus, reducing partisanship, solving collective action problems, and raising visibility. Congress might authorize a commission when legislators and staff do not have the desired specialized knowledge or expertise in a particular policy area. In such an environment, outside expertise can supplement Congress's existing expertise. Complex policy issues may cut across congressional committee jurisdictions. As an alternative or supplement to multiple committees considering an issue in addition to their other work, a commission may be set up to devote itself fulltime to its mission, without competing policy responsibilities. Legislators considering policy changes may be confronted by an array of political interests. When these interests clash, the result may be legislative gridlock. Commissions, however, can potentially provide a more flexible policy environment to consider and suggest a range of possible solutions across the political spectrum. Solutions to policy problems produced within the normal legislative process may in some cases be perceived through the lens of partisanship. Most commissions are structured to K~:> p\w -- , gn'a', goo mppm qq\ a , q 'S I 11\111WILiN,

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