What role does Congress play in administrative agencies?

Answer 1

Congress passes the enabling act -- a statute that specifies the problem that needs to be addressed and if necessary, creates the agency that will address it. Once the enabling act has been passed, the agency is responsible for determining what rules are needed to address the problem. Congress may object to an agency's rules by passing a resolution urging it to change or drop certain guidelines or requirements. A resolution does not revoke the agency's authority, but simply sends a message to the agency. Finally, Congress may challenge an agency's actions if those actions are beyond the scope of the enabling act. The results of such a challenge are usually determined by a court, and can include a ruling that the regulations are arbitrary and capricious or that the actions are outside the scope of their powers. Or, a challenge may be issued based on the agency's procedures if it does not follow the requirements of notice, publication and public input.