Essay 16

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.
One reason that the federal agencies have this discretion is that Congress lacks the specialized expertise that agencies have from experience. Another reason is that Congress simply does not want to be blamed for making a bad policy and thus losing the support of its constituents.
The Environmental Protection Agency (EPA), for example, specializes in protecting clean air and water, public goods to the population. When the EPA sets emissions limits or recommends emissions limits, they are exercising policy-making discretion because they have more knowledge on what's beneficial to the environment than Congress would.
Congress, however, makes sure that federal agencies follow legislative intent by appropriating budgets and overseeing the agency in its projects and decisions. The agencies are not given full reign when limited to a budget specifically given to them by the government-- their decisions must be approved or they will no longer have the money given to them. In overseeing the actions of the agency, Congress can impose investigations or hold hearings to make sure the agency has good intent.


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.
(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
b. Federal Communications Commission
c. Federal Reserve board
(3) Describe two ways in which Congress ensures that federal agencies follow legislative intent.

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