Question

Discuss an administrative agency that has the authority to issue regulations. What is the scope of the agency's authority? What sorts of regulations does it issue?

Answer 1

Administrative Agencies

Administrative agencies are law making bodies with limited powers delegated by Congress. Administrative agencies specialize in specific issues that require expertise. Administrative agencies are established by Article 1 Section1 of the federal constitution which reads: “[a] legislative Powers herein granted shall be vested in a Congress of the United States.” The “necessary-and-proper” clause in the eighth section of the Article 1 states that the Congress shall have power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers in any Department or Officer thereof.”

The rules and regulations created by administrative agencies can be enforced as law. The agencies help in the speedy disposal of cases, both minor and complex and thus are a big aid to US courts. The process also helps in reserving judicial resources for other significant cases. The members of administrative agencies are experts in the respective subject area. Administrative agencies can create their own rules and regulations.

The Administrative Procedure Act 1946[i] (APA) sets the standards for administrative agencies in exercising their law making powers. The standards laid down by the APA also help federal courts whenever they are faced with suits challenging the rules and regulations created by the agencies.

Most administrative agencies fall under the supervision of the President. The Drug Enforcement Administration and The Federal Bureau of Investigation are examples of administrative agencies that fall under the supervision of the President. However, there are also independent administrative agencies like the Securities and Exchange Commission. The President has limited powers in removing of the head of such independent administrative agencies. However, since the President is closely involved in the appointment of heads or filling up of vacancies in these agencies, he does play a role in influencing the activities of the agencies, whether independent or not.

In contrast to federal administrative agencies, the states also have administrative agencies to take care of state specific issues like transportation, education, public health, labor law, etc. These agencies are mirror images of the respective federal agencies and are not entitled to create rules/regulations that go against those created by their federal counterparts.

Central Intelligence Agency:

The Central Intelligence Agency (CIA) was established in 1947 with the signing of National Security Act by President Harry S. Truman. The CIA is responsible for the collection of secret information and national security intelligence. The CIA is also given extensive power to conduct foreign intelligence operations. The main functions of the CIA include collecting information about foreign governments, corporations, and individuals. The CIA conducts military, political and paramilitary activities, and exerts foreign political influence through its Special Activities Division.

The basic components of the CIA are:-

1. The Directorate of Intelligence

2. The National Clandestine Service

3. The Directorate of Science and Technology, and

4. The Directorate of Support.

The duties of the Director of CIA include:

1. Collecting intelligence through human sources without use of police force, subpoena, law enforcement powers or internal security functions.

2. Evaluation of national security intelligence and appropriate circulation of such intelligence.

3. Providing direction and coordination of collection of national security intelligence outside the United States through authorized human sources, in coordination with other United States departments and agencies which are authorized to undertake such collection, ensuring most effective utilization of resources and taking into account the risks involved in such collection and to United States; and

4. Providing other functions on intelligence matters related to national security according to the directions of the President or Director of National Intelligence.

Scope of CIA:

The CIA has released an updated draft RFP for its massive, multi-billion dollar enterprise cloud, providing new details around the scope of services, cybersecurity protections and contract requirements.

According to the draft request for proposals, the resulting indefinite-delivery, indefinite-quantity Commercial Cloud Enterprise contract will include multiple awarded vendors proposing a range of cloud services, including infrastructure-as-a-service, platform-as-a-service and software-as-a-service offerings. The C2E contract would also include a separate acquisition for cloud integration services and multi-cloud management support tools. It will have a base term of five years, with two additional five-year optional amendments.

The agency will establish new clouds for each level of the classification process, relying on one commercial-off-the-shelf offering and a corresponding Federal Risk and Authorization Management Program-authorized offering for the unclassified portion, while building more restrictive versions to handle secret and top secret information. The plan calls for broad dissemination of data centers, on land, undersea and in space, both on and off government premises where required.

In particular, CIA wants to reap the flexibility and benefits of operating in a multicloud environment, and it said it believes the approach will help it reach disconnected and low-bandwidth environments and monitor for insider threats.

"Multi-cloud architectures allow cloud services to be selected based on development strategy and project objectives," the RFP states. "In a multi-cloud ecosystem, the Government will gain advantages from use of each [provider's] unique area of investment in technology, cybersecurity strategy, and best practices."

The agency also hopes to leverage C2E and its computing capabilities to further current efforts around artificial intelligence and machine learning.

"These capabilities require unified security processes and acceptance that enable quick adoption and portability of applications, data, and code," the draft RFP states. "The IC will leverage these capabilities in an approach that favors vendor flexibility, simplifies use and adoption of new and cloud-native technologies, and promotes necessary culture changes."

The chosen cloud service providers must also ensure that their supply chain security practices are aligned with requirements in the Secure Technology Act and Federal Acquisition Regulations. Those procedures include providing detailed information about all subcontractors and third-party software and hardware providers involved in their offerings, down to the third level, as well as what steps companies have taken to vet their security practices.

According to draft proposal's introduction, the agency's foray into the cloud has been "transformational" for the intelligence community, "increasing the speed at which new applications can be developed to support mission and improving the functionality and security of those applications." The agency's cloud services and computing resources are also used by a range other intelligence agencies and federal partners.