Oversight of the US executive: The Congressional experience and its lessons for the EU

Author (Corporate)
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Series Details November 2016
Publication Date November 2016
ISBN 978-92-823-9962-0
EC QA-01-16-774-EN-N
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Please note: Each In-Depth Analysis is assigned a DOI (digital object identifier), which is a safe and long term way of ensuring a hyperlink to the full text of this report. However, when ESO creates this record, on occasion the DOI still has not been activated by the EU Bookshop. If you find the source url hyperlink does not work please use the alternative location hyperlink listed as a related url.Based largely on a set of interviews with policy practitioners and observers in Washington DC, this analysis aims first to examine the instruments and system for oversight of the US Administration by the US Congress, and then to draw comparisons with the equivalent instruments and systems in the European Union, and in the European Parliament in particular.

Author: Cornelia Klugman

See also the EPRS Briefing: Congressional oversight of the US Administration: Tools and agencies (related url hyperlink below)

The committees and individual members of the US Congress conduct oversight of the executive (Administration), in order, inter alia, to pursue legislative objectives, support efficiency in government and/or expose failures or achievements of an Administration. Congress uses formal and informal instruments to oversee the executive. When informal instruments such as talks with executive employees or letters written by Representatives and Senators do not lead to results, Congress can use official oversight techniques such as investigations and hearings.

The US Administration is overseen internally and externally. Each government department and most agencies have an internal review function, an Office of the Inspector General. For external oversight, Congress has several non-partisan agencies at its disposal, the Government Accountability Office (GAO), the Congressional Budget Office (CBO) and the Congressional Research Service (CRS).

Regulatory Impact Analysis (RIA) is the instrument for ex-ante assessment of the major potential effects of regulation. Government departments and agencies carry these out themselves, in part under scrutiny of a branch of the White House, the Office of Information and Regulatory Affairs (OIRA). Ex-post analysis is done through retrospective review, which takes a variety of formats. If Congress deems a rule (regulation) dissatisfactory, it can repeal it, change the underlying legislation or use its power of the purse to withhold funding.

The European Parliament's involvement in ex-ante analysis is stronger than that of Congress, as it considers European Commission impact assessments at the same time as proposed legislation. Ex-post, the European Court of Auditors is roughly equivalent to the GAO, but independent of Parliament.

Source Link Link to Main Source http://dx.publications.europa.eu/10.2861/877514
Related Links
European Parliament: Directorate-General for Internal Policies of the Union: Publications available via the EU Bookshop http://bookshop.europa.eu/en/directorate-general-for-internal-policies-of-the-union-cbf.cKABstF7wAAAEjwYYY4e5K/
European Parliament: European Parliamentary Research Service: Briefing, November 2016: Congressional oversight of the US Administration: Tools and agencies http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/593502/EPRS_BRI(2016)593502_EN.pdf
European Parliament: European Parliamentary Research Service: In-Depth Analysis, November 2016: Oversight of the US executive: The Congressional experience and its lessons for the EU http://www.europarl.europa.eu/RegData/etudes/IDAN/2016/593501/EPRS_IDA(2016)593501_EN.pdf

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