Executive Branch Administrative Agencies
There are three types of federal agencies. Most federal agencies are housed in the executive branch of the federal government. Within this group, there are Cabinet agencies and independent agencies. The heads of 15 executive departments make up the President’s Cabinet, including the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General (housed in the Department of Justice). Other agencies, such as the Environmental Protection Agency and the Federal Trade Commission are independent agencies, meaning they are independent of Cabinet departments but not independent regulatory agencies. The third category is “independent regulatory agencies,” which are agencies established to be independent of the President, and include for example, the Federal Communications Commission, the Securities and Exchange Commission, and the Consumer Product Safety Commission.[1] The White House often exercises direct control over the executive branch agencies and independent agencies by issuing executive orders and by the President’s control over the Office of Management and Budget (OMB). The OMB is unique in that it is specifically dedicated to furthering the priorities of the administration and it oversees the interworking of the other agencies.
The majority of administrative agencies fulfill their mission as designated by an Act of Congress. These agencies can act only within the confines of their legislative grant of authority. Congress generally enacts a law, called legislation, on a topic and directs the appropriate administrative agencies to fill in the details through regulations. The majority of administrative agencies enact regulations through a process called Notice and Comment Rulemaking, as specified under the Administrative Procedures Act.[2] The notice and comment process begins when an agency is given authority by Congress to develop a regulation to carry out the intent of the legislation passed by Congress. The agency will propose a draft version of the regulation by publishing a notice of its intent to pass the proposed regulation. The notice is published in the Federal Register with a time period for interested parties to comment on the agency’s proposal. Any interested party may comment on the proposed regulation. The agency must review and respond to the comments and the agency typically revises the proposal based on this process. The agency ultimately publishes its final rule which becomes a binding regulation. Final regulations have the full force and effect of law.
The primary administrative agencies dedicated to food issues are outlined below. Each agency’s main programs are described in this chapter so the responsibilities and authority of each agency are clear. These programs are fleshed out in further chapters.
