Government Agency - United States

United States

The Congress and President of the United States delegate specific authority to government agencies to regulate the complex facets of the modern American federal state. Also, most of the 50 U.S. states have created similar government agencies.

The term "government agency" or "administrative agency" usually applies to one of the independent agencies of the United States government, which exercise some degree of independence from the President's control. Although the heads of independent agencies are often appointed by the President, they can usually be removed only for cause. The heads of independent agencies work together in groups, such as a commission, board or council. Independent agencies often function as miniature versions of the tripartite federal government with the authority to legislate (through the issuing, or "promulgation" of regulations), to adjudicate disputes, and to enforce agency regulations (through enforcement personnel). Examples of independent agencies include the Federal Communication Commission (FCC), Federal Reserve Board, U.S. Securities and Exchange Commission (SEC), the National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC).

A broader definition of the term "government agency" also means the United States federal executive departments that include the President's cabinet-level departments, and their sub-units. Examples of these agencies include the Department of Energy (DOE) and the Internal Revenue Service (IRS), which is a bureau of the Department of the Treasury.

Most federal agencies are created by Congress through statutes called "enabling acts" which define the scope of an agency's authority. Because the Constitution does not expressly mention federal agencies (as it does the three branches), some commentators have called agencies the "headless fourth branch" of the federal government. However, most independent agencies are technically part of the executive branch, with a few located in the legislative branch of government. By enacting the Administrative Procedure Act (APA) in 1946, Congress established some means to oversee government agency action. The APA established uniform administrative law procedures for a federal agency's promulgation of rules, and adjudication of claims. The APA also sets forth the process for judicial review of agency action.

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