What is the difference between regulatory agencies and independent agencies

These cabinet-level officers include the vice president, the chief of staff, the director of the Office of Management and Budget, the administrator of the Environmental Protection Agency, the trade representative, the ambassador to the United Nations, the chairman of the Council of Economic Advisors, and the administrator of the Small Business Administration. Department of Justice Seal : The attorney general is the head of the Department of Justice, and is a prominent cabinet member.

Independent executive agencies operate as regulatory and service agencies to oversee federal government functions. In the United States federal government, Congress and the President have the ability to delegate authority to independent executive agencies, sometimes called federal agencies or administrative agencies. These agencies are distinct from executive departments because they have some degree of independence from the President.

In executive departments, department heads are nominated by the President and confirmed by Congress, and can be removed from their posts for political reasons. Department heads, who comprise the Cabinet, therefore often turn over when a new president is elected.

For example, the Secretary of State is a high status position that a high ranking diplomat in the leading political party usually fills.

Unlike in executive departments, the leaders of agencies can only be removed from office for corruption charges under statutory provisions. Even though the president appoints them, agency leadership is non-partisan, or independent from Presidential politics and election turn over. The leaders of agencies often participate as members of commissions, boards, or councils with internal structures resembling tripartite government.

One notorious function of the FCC is to regulate decency on television. To carry out this function, the FCC sets regulations defining what television programming is decent and what is indecent; if a station is accused of violating these regulations, the complaint is brought to the FCC; if the FCC finds that the programming was a violation of regulations regarding decency, it may fine the station.

The CIA helps gather intelligence and provides national security assessments to policymakers in the United States. It acts as the primary human intelligence provider for the federal government. The National Aeronautics and Space Administration NASA, is a government agency responsible for the civilian space program as well as aeronautics and aerospace research.

The EPA was created for the purpose of protecting human health and the environment by writing and enforcing regulations based on laws passed by Congress. EPA enforcement powers include fines, sanctions, and other measures.

Constitution does not explicitly reference federal agencies. Instead, these agencies are generally justified by acts of Congress designed to manage delineated government functions, such as the maintenance of infrastructure and regulation of commerce. Once created, agencies are considered part of the executive branch of government and are partly regulated by government parties. However, executive agencies have to remain nonpartisan.

Use the work of the FDA as an example to describe the activity and mission of regulatory agencies more broadly. A regulatory agency is a body in the U.

An independent regulatory agency is separate from the other branches of the federal government. These agencies are within the purview of the executive branch of government, but are internally regulated rather than subject to the direct control of the President. Regulatory agencies exist to supervise the administrative functions of organizations for the benefit of the public at large. To carry out this function, regulatory agencies are composed of experts in a specific policy area of administrative law, such as tax or health codes.

Agencies may carry out investigations or audits to determine if organizations are adhering to federal regulations. To better understand how independent regulatory agencies function, let us consider the U. When a pharmaceutical company produces a new drug, the manufacturers must submit it to the FDA for approval. The FDA employs experts in pharmaceuticals and drug safety, who evaluate the potential benefits and consequences of the drug. Following reports on the safety of the drug, the FDA determines whether it can be distributed, to whom it can be distributed, and under what conditions it can be safely consumed.

The FDA thus uses internal expertise to regulate the pharmaceutical industry. Regulatory agencies are authorized to produce and enforce regulations by Congress, and are subject to Congressional and legal review as they carry out their functions.

Congress may determine that regulatory agencies are obsolete, for example, and may therefore discontinue funding them. Although the President typically may select the chairperson, he may not seek to remove members without "cause. Despite these important structural differences, these agencies operate under the APA and most other procedural statutes in the same way that executive departments and agencies do. There are, however, a few significant differences.

Independent agencies have not been made subject to most provisions of Presidential Executive Orders. A commission, board, or body consisting of between five to seven members, on the other hand, typically leads independent agencies. The majority of independent agencies are subject to statutory bipartisan requirements, which means the president cannot fill vacancies only with members of his political party. To remove an agency head before the expiration of his or her term, the president must comply with certain statutory requirements.

In general, a president can only remove a board member for incompetence, neglect of duty, incapacity, or another form of good cause. If an independent agency exercises executive powers, like rule enforcement, Congress cannot participate in the removal of commissioners from an independent agency. The jurisdiction of these agencies varies widely.

Some are regulatory agencies that supervise specific sections of the economy, while others provide specific governmental or public services. The CIA coordinates the investigation and information gathering of all matters related to national and international security. The CIA enlists secret agents who are placed in the field for the purposes of gathering information. The CIA analyzes the intelligence and information that it collects and makes recommendations to the National Security Council.

Established in , the EPA coordinates state and local government activities involving environmental protection. The EPA administers programs designed to curb air pollution, regulate pesticide usage, and resolve issues with solid waste, radiation, and toxic substances. Last reviewed April Administrative Law Contents.