Question

why are there agencies that issue regulations, particularly since these agencies are not headed by elected officials? Why doesnt Congress just draft and apply the rules? How does Congress delegate policy making responsibility while maintaining some sort of accountability?

Answer 1

independent agecies of the United States federal government are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. In a narrower sense, the term may also be used to describe agencies that, while constitutionally managed by the executive branch, are independent of presidential control, usually because the president's power to dismiss the agency head or a member is limited.Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics.Congress can also designate certain agencies explicitly as "independent" in the governing statute, but the functional differences have more legal significance.

While most executive agencies have a single director, administrator, or secretary appointed by the President of the United States, independent agencies (in the narrower sense of being outside presidential control) almost always have a commission, board, or similar collegial body consisting of five to seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints the commissioners or board members, subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term, meaning that most presidents will not have the opportunity to appoint all the commissioners of a given independent agency. The president can normally designate which commissioner will serve as the chairperson. Normally there are statutory provisions limiting the president's authority to remove commissioners, typically for incapacity, neglect of duty, malfeasance, or other good cause.In addition, most independent agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party.

If the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot participate in the regular removal process of commissioners.Constitutionally, Congress can only participate directly in impeachment proceedings. Congress can, however, pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies.Members of Congress cannot serve as commissioners on independent agencies that have executive powers, nor can Congress itself appoint the commissioners – the Appointments Clause of the Constitution vests that power in the president.The Senate does participate, however, in appointments through "advice and consent", which occurs through confirmation hearings and votes on the president's nominees.

Examples of agencies

• The Central Intelligence Agency(CIA) gathers foreign 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 Consumer Financial Protection Bureau (CFPB) is responsible for consumer protection in the financial sector. Its jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, other financial companies in the United States.
• The Environmental Protection Agency (EPA) works for state and local governments throughout the United States to control and abate environmental pollution and to address problems related to solid waste, pesticides, radiation, and toxic substances. The EPA sets and enforces standards for air, soil and water quality, evaluates the impact of pesticides and chemical substances, and manages the Superfund program for cleaning toxic waste sites.