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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?
The Office of Information and Regulatory Affairs does not assess every regulation proposed by an agency. Professor Sally Katzen outlines the four criteria for a regulation to require OIRA review. If the new rule would have a $100 million impact on t
The Office of Information and Regulatory Affairs does not assess every regulation proposed by an agency. Professor Sally Katzen outlines the four criteria for a regulation to require OIRA review. If the new rule would have a $100 million impact on the economy; if it would have a major impact on the federal budget; if a proposed regulation might conflict or overlap with regulations from another agency; or if the rule addresses a novel question of law or policy. A regulation would be considered “significant” if it fit in any of these categories.
Professor Sally Katzen is the Co-Director of the Legislative and Regulatory Process Clinic at New York University School of Law.
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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