Legislative Oversight of Regulatory Agencies

Legislative Oversight of Regulatory Agencies

The Constitution of the United States gives congress the power to appropriate funds, regulate interstate commerce, and supervise and impeach for high crimes. It is these Constitutional duties that have led to Congress's power to oversee the executive branch and its regulatory agencies. A regulatory agency is any federal agency created by the congress or executive branch to administer the law. Examples of regulatory agencies include the Internal Revenue Service, the Federal Board of Education, and the Environmental Protection Agency. These agencies operate under the law and hold states accountable to Federal standards, but are in turn held accountable by the Congress.

The purpose of legislative oversight is to ensure that legislative agencies are following their Federal mandates and producing the required results. This practice also ensures that the agencies have the necessary resources to complete their assigned tasks. For example, the Internal Revenue Service requires a higher amount of field officers than most other regulatory agencies to handle audits and questions from tax payers. As part of the review process, the legislature can authorize more funds for this purpose should the need be required. Should an agency not produce the desired results or be misusing federal funds, then the legislative branch has the power to reduce the agency's overall power, cut off funding or recommend that the agency be dissolved. This is especially important as it ensures that tax money is not wasted on agencies that are failing to meet their objectives.

There are two forms of legislative oversight commonly practiced: formal and informal oversight. Formal oversight is conducted by a specified and authorized legislative committee in Washington, DC. Typically done annually, the committee will audit the administrative agency and make any necessary changes. The committee is also in contact with all congressmen and may begin investigations after the prompting by a congressmen based on the requests of that congressman's constituents. Informal oversight is conducted at the state and local level by supervisory agents. Informal decisions are considered vital to the overall effectiveness of the agencies in ensuring that local operations run smoothly as opposed to being disconnected through the use of bureaucrats in Washington.

Legislators face many challenges regarding regulatory agencies both from the executive branch and their constituents. While the president has the power to create regulatory agencies, congress has the power to provide the agency's funding and power. This split role often causes tension between the two branches as the executive branch often attempts to enlarge regulatory agencies, alleviating the pressure on the executive branch. However, Congress may find the enlargement unnecessary or detrimental. Additionally, constituents may be opposed to actions taken by a certain agency and are often vocal in expressing this to their Congressmen.