Congress is the primary authority guiding the risk-management decisions of the courts and regulatory agencies, whose chief role in risk management is implementation of the policies established by Congress. Federal regulatory agencies are creatures of Congress and exercise only such authority as Congress bestows upon them; they assess and manage risk according to criteria and standards enacted by Congress. The courts are subject to similar constraints, except, of course, when constitutional issues are involved.

Congress, moreover, can always reverse, overrule, or otherwise correct risk-management decisions made by either the courts or the agencies. Indeed, Congress can influence decisively the actions of regulatory agencies—and sometimes even of the courts—through measures less drastic than enactment of legislation. These measures include antagonistic hearings, adverse committee reports, and the power of the purse.