Essay 16

2006-3 The United States congress and the president together have the power to enact federal law. Federal bureaucratic agencies have the responsibility to execute federal law. However, in the carrying out of these laws, federal agencies have policy making discretion.

(1) Explain two reasons why Congress gives federal agencies policy making discretion in executing federal laws.
One reason why Congress gives federal agencies policy making discretion in executing federal laws is because federal agencies have more expertise and resources. An example of this is the Federal Motor Carrier Safety Administration. They have more freedom through the Department of Transportation because they have more experience. Another reason why Congress gives federal agencies policy making discretion in executing federal law is because these agencies are generally in place to regulate and enforce over longer periods of time. Congress can change legislatures every two years.

(2) Choose one of the bureaucratic agencies listed below. Identify the policy area over which it exercises policy-making discretion and give one specific example of how it exercises that discretion.

a. Environmental Protection Agency:
The Environmental Protection Agency handles issues such as green living, environmental health and safety, land cleanup, environmental emergencies and natural disasters, climate change and other chemicals and toxins. The Marine Protection, Research, and Sanctuaries Act prohibits transportation of material from the United States for the purpose of ocean dumping, transportation of material from anywhere for the purpose of ocean dumping by U.S. agencies or U.S.-flagged vessels, and dumping of material transported from outside the United States into the U.S. territorial sea. A permit is required to deviate from these prohibitions. Under MPRSA, the standard for permit issuance is whether the dumping will "unreasonably degrade or endanger" human health, welfare, or the marine environment. EPA is charged with developing ocean dumping criteria to be used in evaluating permit applications. The MPRSA provisions administered by EPA are published in Title 33 of the U.S. Code. The MPRSA provisions that address marine sanctuaries are administered by the National Oceanis and Atmospheric Administration and are published in Title 16 of the U.S. Code. 

(3) Describe two ways in which Congress ensures that federal agencies follow legislative intent.
One way in which Congress ensures that federal agencies follow legislative intent is allocating and withdrawing funds which the agencies need to operate. Another way in which Congress ensures that federal agencies follow legislative intent is through Congressional oversight committees which have investigative authority over the agencies.