Administrative Law and the Executive

Administrative Law and the Executive

 

How does "who the President is" affect administrative agencies? Executive branch agencies (such as the Department of Agriculture, Department of Education, Department of Energy, and many others) fall under the direct control of the President. The President chooses agency heads, who in turn work with the career staff in their agencies to implement policies in line with the President's policy goals. The agencies, like the President, exercise executive power in the creation and promulgation of national policies. In effect, the President delegates power to agencies, and the agencies' connection to the President gives them some degree of democratic accountability. How does the Office of Internal and Regulatory Affairs (OIRA) oversee these agencies for the Executive branch? Does OIRA serve both the President and the public? What agencies are not reviewable by OIRA and why?

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5 of 9: What is OIRA and Why Does It Exist? [No. 86]

Professor Sally Katzen, who served as head administrator at OIRA in the Clinton Administration, explains what the agency is and what it does. The Office of Information and Regulatory Affairs helps the President evaluate significant regulations propo ... Professor Sally Katzen, who served as head administrator at OIRA in the Clinton Administration, explains what the agency is and what it does. The Office of Information and Regulatory Affairs helps the President evaluate significant regulations proposed by executive agencies. OIRA analyzes regulations based on issues such as efficiency, cost, and policy choices. This gives the President input about actions of the agencies that he is ultimately responsible for.

Professor Sally Katzen is the Co-Director of the Legislative and Regulatory Process Clinic at New York University School of Law.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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