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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?
Professor Sally Katzen explains the benefits of the Office of Information and Regulatory Affairs (OIRA) review for agencies. Executive agencies, who expect to be reviewed, gather large quantities of data and conduct careful analysis because they know
Professor Sally Katzen explains the benefits of the Office of Information and Regulatory Affairs (OIRA) review for agencies. Executive agencies, who expect to be reviewed, gather large quantities of data and conduct careful analysis because they know OIRA will request such preparation. Independent Regulatory Commissions (IRCs) are not currently subject to OIRA review. Although certain aspects of an IRC need to remain independent, Professor Katzen argues that proposed regulations could benefit from a more rigorous analysis offered by OIRA.
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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