Congress has the power, but will do nothing with it
Very much agreed, though there is the question of Why?
— personally I think it's because this way that can shuffle responsibility/accountability off, much like they do with the EPA, the NSA, the BATFE, the IRS — these are deeply unpopular agencies, with [current] records of abuse, yet the congress does nothing to reign them in because they really do agree with the policies, regulations, being instituted by the agencies.