Today's Article
Will the new
Democratic majority
show proper
oversight, or will they
fail as poorly as their
Republican allies?
Democratic majority
show proper
oversight, or will they
fail as poorly as their
Republican allies?
The American Spark
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How Can New Congress Invoke Oversight Of Bush?
By Cliff Montgomery - Feb. 15th, 2007
Exactly how does Congress fulfill its oversight of the executive branch? This question has become doubly important, with
a new congressional majority and more saber-rattling from this White House, this time directed toward Iran.
We quote from the January 3rd edition of the Congressional Research Service (CRS) report on the subject below:
Purposes, Authority, and Participants
"Throughout its history, Congress has engaged in oversight of the executive branch--the review, monitoring, and
supervision of the implementation of public policy.
"The first several Congresses inaugurated such important oversight techniques as special investigations, reporting
requirements, resolutions of inquiry, and use of the appropriations process to review executive activity.
"Contemporary developments, moreover, have increased the legislature’s capacity and capabilities to check on and check
the Executive. Public laws and congressional rules have measurably enhanced Congress’s implied power under the
Constitution to conduct oversight.
"Despite its lengthy heritage, oversight was not given explicit recognition in public law until enactment of the Legislative
Reorganization Act of 1946. That act required House and Senate standing committees to exercise “continuous
watchfulness” over programs and agencies within their jurisdiction.
"Since the late 1960s, according to such scholars as political scientist Joel Aberbach, Congress has shown increasing
interest in oversight for several major reasons. These include the expansion in number and complexity of federal programs
and agencies; increase in expenditures and personnel, including contract employees; the rise of the budget deficit; and
the frequency of divided government, with Congress and the White House controlled by different parties.
Purposes
"Congressional oversight of the Executive is designed to fulfill a number of purposes:
A. Ensure Executive Compliance with Legislative Intent
"Congress, of necessity, must delegate discretionary authority to federal administrators. To make certain that these officers
faithfully execute laws according to the intent of Congress, committees and Members can review the actions taken and
regulations formulated by departments and agencies.
B. Improve the Efficiency, Effectiveness, and Economy of Governmental Operations
"A large federal bureaucracy makes it imperative for Congress to encourage and secure efficient and effective program
management, and to make every dollar count toward the achievement of program goals. A basic objective is strengthening
federal programs through better managerial operations and service delivery. [...]
C. Evaluate Program Performance
"Systematic program performance evaluation remains a relatively new and still evolving technique in oversight. Modern
program evaluation uses social science and management methodologies, such as surveys, cost-benefit analyses, and
efficiency studies, to assess the effectiveness of ongoing programs.
D. Prevent Executive Encroachment on Legislative Prerogatives and Powers
"Beginning in the late 1960s, many commentators, public policy analysts, and legislators argued that Presidents and
executive officials overstepped their authority in various areas such as impoundment of funds, executive privilege,
war powers, and the dismantling of federal programs without congressional consent.
"Increased oversight--as part of the checks and balances system--was called for to redress what many in the public and
Congress saw to be an executive arrogation of legislative prerogatives.
E. Investigate Alleged Instances of Poor Administration, Arbitrary and Capricious Behavior, Abuse, Waste, Dishonesty, and
Fraud
"Instances of fraud and other forms of corruption, the breakdown of federal programs, incompetent management, and the
subversion of governmental processes arouse legislative and public interest in oversight.
F. Assess Agency or Officials’ Ability to Manage and Carry out Program Objectives
"Congress’s ability to evaluate the capacity of agencies and managers to carry out program objectives can be
accomplished in various ways. For example, numerous laws require agencies to submit reports to Congress; some of these
are regular, occurring annually or semi-annually, for instance, while others are activated by a specific event, development,
or set of conditions. [...]
G. Review and Determine Federal Financial Priorities
"Congress exercises some of its most effective oversight through the appropriations process, which provides the
opportunity to review recent expenditures in detail. In addition, most federal agencies and programs are under regular and
frequent reauthorizations--on an annual, two-year, four-year, or other basis--giving the authorizing committees the same
opportunity.
"As a consequence of these oversight efforts, Congress can abolish or curtail obsolete or ineffective programs by cutting
off or reducing funds or it may enhance effective programs by increasing funds.
H. Ensure That Executive Policies Reflect the Public Interest
"Congressional oversight can appraise whether the needs and interests of the public are adequately served by federal
programs, and thus lead to corrective action, either through legislation or administrative changes.
I. Protect Individual Rights and Liberties
"Congressional oversight can help to safeguard the rights and liberties of citizens and others. By revealing abuses of
authority, for instance, oversight hearings can halt executive misconduct and help to prevent its recurrence, either directly
through new legislation or indirectly by putting pressure on the offending agency."
By Cliff Montgomery - Feb. 15th, 2007
Exactly how does Congress fulfill its oversight of the executive branch? This question has become doubly important, with
a new congressional majority and more saber-rattling from this White House, this time directed toward Iran.
We quote from the January 3rd edition of the Congressional Research Service (CRS) report on the subject below:
Purposes, Authority, and Participants
"Throughout its history, Congress has engaged in oversight of the executive branch--the review, monitoring, and
supervision of the implementation of public policy.
"The first several Congresses inaugurated such important oversight techniques as special investigations, reporting
requirements, resolutions of inquiry, and use of the appropriations process to review executive activity.
"Contemporary developments, moreover, have increased the legislature’s capacity and capabilities to check on and check
the Executive. Public laws and congressional rules have measurably enhanced Congress’s implied power under the
Constitution to conduct oversight.
"Despite its lengthy heritage, oversight was not given explicit recognition in public law until enactment of the Legislative
Reorganization Act of 1946. That act required House and Senate standing committees to exercise “continuous
watchfulness” over programs and agencies within their jurisdiction.
"Since the late 1960s, according to such scholars as political scientist Joel Aberbach, Congress has shown increasing
interest in oversight for several major reasons. These include the expansion in number and complexity of federal programs
and agencies; increase in expenditures and personnel, including contract employees; the rise of the budget deficit; and
the frequency of divided government, with Congress and the White House controlled by different parties.
Purposes
"Congressional oversight of the Executive is designed to fulfill a number of purposes:
A. Ensure Executive Compliance with Legislative Intent
"Congress, of necessity, must delegate discretionary authority to federal administrators. To make certain that these officers
faithfully execute laws according to the intent of Congress, committees and Members can review the actions taken and
regulations formulated by departments and agencies.
B. Improve the Efficiency, Effectiveness, and Economy of Governmental Operations
"A large federal bureaucracy makes it imperative for Congress to encourage and secure efficient and effective program
management, and to make every dollar count toward the achievement of program goals. A basic objective is strengthening
federal programs through better managerial operations and service delivery. [...]
C. Evaluate Program Performance
"Systematic program performance evaluation remains a relatively new and still evolving technique in oversight. Modern
program evaluation uses social science and management methodologies, such as surveys, cost-benefit analyses, and
efficiency studies, to assess the effectiveness of ongoing programs.
D. Prevent Executive Encroachment on Legislative Prerogatives and Powers
"Beginning in the late 1960s, many commentators, public policy analysts, and legislators argued that Presidents and
executive officials overstepped their authority in various areas such as impoundment of funds, executive privilege,
war powers, and the dismantling of federal programs without congressional consent.
"Increased oversight--as part of the checks and balances system--was called for to redress what many in the public and
Congress saw to be an executive arrogation of legislative prerogatives.
E. Investigate Alleged Instances of Poor Administration, Arbitrary and Capricious Behavior, Abuse, Waste, Dishonesty, and
Fraud
"Instances of fraud and other forms of corruption, the breakdown of federal programs, incompetent management, and the
subversion of governmental processes arouse legislative and public interest in oversight.
F. Assess Agency or Officials’ Ability to Manage and Carry out Program Objectives
"Congress’s ability to evaluate the capacity of agencies and managers to carry out program objectives can be
accomplished in various ways. For example, numerous laws require agencies to submit reports to Congress; some of these
are regular, occurring annually or semi-annually, for instance, while others are activated by a specific event, development,
or set of conditions. [...]
G. Review and Determine Federal Financial Priorities
"Congress exercises some of its most effective oversight through the appropriations process, which provides the
opportunity to review recent expenditures in detail. In addition, most federal agencies and programs are under regular and
frequent reauthorizations--on an annual, two-year, four-year, or other basis--giving the authorizing committees the same
opportunity.
"As a consequence of these oversight efforts, Congress can abolish or curtail obsolete or ineffective programs by cutting
off or reducing funds or it may enhance effective programs by increasing funds.
H. Ensure That Executive Policies Reflect the Public Interest
"Congressional oversight can appraise whether the needs and interests of the public are adequately served by federal
programs, and thus lead to corrective action, either through legislation or administrative changes.
I. Protect Individual Rights and Liberties
"Congressional oversight can help to safeguard the rights and liberties of citizens and others. By revealing abuses of
authority, for instance, oversight hearings can halt executive misconduct and help to prevent its recurrence, either directly
through new legislation or indirectly by putting pressure on the offending agency."