The President of the United States and the Executive Branch. Unit Four- AC

Transcription

1 The President of the United States and the Executive Branch Unit Four- AC

2 The Department of Labor The current Secretary of Labor is Alexander Acosta The United States Department of Labor (DOL) is the department responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. The purpose of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

3 The Department of Labor- Bureaus and Agencies Administrative Review Board (ARB) Benefits Review Board (BRB) Bureau of International Labor Affairs (ILAB) Bureau of Labor Statistics (BLS) Center for Faith-Based and Neighborhood Partnerships (CFBNP) Employee Benefits Security Administration (EBSA) Employees' Compensation Appeals Board (ECAB) Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD) Employment and Training Administration (ETA) Mine Safety and Health Administration (MSHA) Occupational Safety and Health Administration (OSHA) Office of Federal Contract Compliance Programs (OFCCP) Office of Inspector General (OIG) Office of Labor-Management Standards (OLMS) Office of Workers' Compensation Programs (OWCP) Veterans' Employment and Training Service (VETS) Wage and Hour Division (WHD) Women's Bureau (WB)

4 The Department of Health and Human Services The current Secretary of Health and Human Services is Dr. Thomas E. Price The United States Department of Health and Human Services (HHS), sometimes referred to as the Health Department, is a department whose goal is protecting the health of all Americans and providing essential human services. Its motto is "Improving the health, safety, and wellbeing of America".

5 The Department of Health and Human Services- Bureaus and Agencies Public Health Service (PHS) Office of Public Health and Science (OPHS) Office of the Surgeon General U.S. Public Health Service (USPHS) Administration for Children and Families (ACF) Administration on Aging (AoA) Agency for Healthcare Research and Quality (AHRQ) Agency for Toxic Substances and Disease Registry (ATSDR Centers for Disease Control and Prevention (CDC) Centers for Medicare and Medicaid Services (CMS) Food and Drug Administration (FDA) Health Resources and Services Administration (HRSA) Indian Health Service (IHS) National Institutes of Health (NIH) Substance Abuse and Mental Health Services Administration (SAMHSA)

6 The Department of Housing and Urban Development The current Secretary of Housing and Urban Development is Dr. Benjamin S. Carson, Sr. HUD s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination; and transform the way HUD does business

7 The Department of Housing and Urban Development- Bureaus and Agencies Office of Assisted Housing and Community Development Office of Fair Housing Office of Finance and Regulatory Compliance Office of Insured Housing Office of Legislation and Regulations Office of Litigation Office of Program Enforcement Office of Asset Sales Office of Housing/FHA Comptroller Office of Budget and Field Resources Office of Evaluation Office of Financial Analysis and Reporting Office of Financial Services Office of Housing Assistance Contract Administration Oversight Office of Multifamily Housing Development Office of Multifamily Asset Management Office of Housing Assistance and Grant Administration Office of Program Systems Management Office of Single Family Program Development Office of Single Family Asset Management Office of Lender Activities and Program Compliance Office of Risk Management and Assessment Office of Regulatory Affairs Office of SAFE (Secure and Fair Enforcement) Office of Real Estate Settlement and Procedures Act (RESPA) & Interstate Land Sales Office of Manufactured Housing Programs Section 8 Financial Management Center

8 The Department of Transportation The current Secretary of Transportation is Elaine L. Chao Its mission is to "Serve the United States by ensuring a fast, safe, efficient, accessible, and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future."

9 The Department of Transportation- Bureaus and Agencies Federal Aviation Administration (FAA) Federal Highway Administration (FHWA) Federal Motor Carrier Safety Administration (FMCSA) Federal Railroad Administration (FRA) Federal Transit Administration (FTA) Maritime Administration (MARAD) National Highway Traffic Safety Administration (NHTSA) Pipeline and Hazardous Materials Safety Administration (PHMSA) Research and Innovative Technology Administration (RITA) Saint Lawrence Seaway Development Corporation (SLSDC) Surface Transportation Board (STB)

10 The Department of Energy The current Secretary of Energy is James Richard Perry The United States Department of Energy (DOE) is department concerned with the United States' policies regarding energy and safety in handling nuclear material. Its responsibilities include the nation's nuclear weapons program, nuclear reactor production for the United States Navy, energy conservation, energy-related research, radioactive waste disposal, and domestic energy production. It also directs research in genomics; the Human Genome Project originated in a DOE initiative. DOE sponsors more research in the physical sciences than any other US federal agency.

11 The Department of Energy- Bureaus and Agencies Office of Electricity Delivery and Energy Reliability Office of Energy Efficiency and Renewable Energy Office of Fossil Energy Office of Legacy Management Office of Nuclear Energy Office of Science Office of Environmental Management National Nuclear Security Administration Office of Secure Transportation Office of Intelligence and Counterintelligence Energy Information Administration Bonneville Power Administration Southeastern Power Administration Southwestern Power Administration Western Area Power Administration Federal Energy Regulatory Commission

12 The Department of Education The current Secretary of Education is Elizabeth Prince DeVos The primary functions of the Department of Education are to "establish policy for, administer and coordinate most federal assistance to education, collect data on US schools, and to enforce federal educational laws regarding privacy and civil rights. The Department of Education does not establish schools or colleges. The Department's mission is: to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.

13 The Department of Education- Bureaus and Agencies It is by far the smallest cabinet level department with only 5,000 employees National Center for Education Statistics (NCES) National Assessment of Educational Progress (NAEP) Education Resources Information Center (ERIC) Office of Postsecondary Education (OPE) Office of Vocational and Adult Education (OVAE) Office of Federal Student Aid (FSA) President's Advisory Board on Tribal Colleges and Universities (WHITCU) President's Advisory Board on Historically Black Colleges and Universities (WHIHBCU) Office of Elementary and Secondary Education (OESE) Office of Migrant Education (OME) Office of Safe and Healthy Students (OSHS) Student Achievement and School Accountability Programs (SASA) White House Initiative on Asian Americans and Pacific Islanders (AAPI) White House Initiative on Educational Excellence for Hispanics White House Initiative on American Indian and Alaska Native Education White House Initiative on Educational Excellence for African Americans Office of English Language Acquisition, Language Enhancement and Academic Achievement for Limited English Proficient Students (OELA) Office of Special Education and Rehabilitative Services (OSERS) National Institute on Disability and Rehabilitation Research (NIDRR) Office of Special Education Programs (OSEP) Rehabilitation Services Administration (RSA)

14 The Department of Veterans Affairs The current Secretary of Veterans Affairs is Dr. David J. Shulkin It is the United States government s second largest department, after the United States Department of Defense. With a total 2009 budget of about $87.6 billion, the VA employs nearly 280,000 people at hundreds of Veterans Affairs medical facilities, clinics, and benefits offices and is responsible for administering programs of veterans benefits for veterans, their families, and survivors.

15 The Department of Veterans Affairs- Bureaus and Agencies Veterans Health Administration Veterans Benefits Administration National Cemetery Administration

16 The Department of Homeland Security The current Secretary of Homeland Security is John F. Kelly The Department of Homeland Security was created in response to the September 11 attacks, and with the primary responsibilities of protecting the United States of America and U.S. territories (including Protectorates from and responding to terrorist attacks, man-made accidents, and natural disasters.

17 The Department of Homeland Security- Bureaus and Agencies United States Citizenship and Immigration Services United States Customs and Border Protection United States Immigration and Customs Enforcement Transportation Security Administration United States Coast Guard United States Secret Service Federal Emergency Management Agency Homeland Security Advisory Council National Infrastructure Advisory Council Homeland Security Science and Technology Advisory Council Critical Infrastructure Partnership Advisory Council Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities Task Force on New Americans Domestic Nuclear Detection Office Federal Law Enforcement Training Center Federal Protective Service National Communications System Directorate for Science and Technology Office of Policy Office of Health Affairs Office of Intelligence and Analysis Office of Operations Coordination National Cyber Security Center

18 Central Intelligence Agency Director Mike Pompeo * The President of the United States The Cabinet Level Offices The following positions have the status of Cabinet-rank: White House Chief of Staff Small Business Administration Reince Priebus Administrator Linda E. McMahon Environmental Protection Agency Administrator Scott Pruitt Office of Management & Budget Director Mick Mulvaney United States Trade Representative Ambassador Robert Lighthizer United States Mission to the United Nations Ambassador Nikki R. Haley

19 The Independent Agencies and Commissions Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments (those headed by a Cabinet secretary). More specifically, the term is used to describe agencies that, while constitutionally part of the executive branch, are independent of presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate statutes passed by the Congress, each respective statutory grant of authority defines the goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), while in force, have the power of federal law.

20 The Independent Agencies and Commissions 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 with staggered terms, and often for longer terms than a usual four-year Presidential term, meaning most Presidents will not have the opportunity to appoint all the commissioners of a given independent agency. Normally the President can 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.

21 The Independent Agencies and Commissions In reality, the high turnover rate among these commissioners or board members means that most Presidents have the opportunity to fill enough vacancies to constitute a voting majority on each independent agency commission within the first two years of the first term as President. In some famous instances, Presidents have found the independent agencies more loyal and in lockstep with the President's wishes and policy objectives than some dissenters among the executive agency political appointments. Presidential attempts to remove independent agency officials have generated most of the important Supreme Court legal opinions in this area. Presidents normally do have the authority to remove heads of independent agencies, but they must meet the statutory requirements for removal, such as demonstrating that the individual has committed malfeasance. In contrast, the President can remove regular executive agency heads at will.

22 The Independent Agencies and Commissions 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.

23 The Independent Agencies and Commissions (examples) The Central Intelligence Agency (CIA) gathers 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 Commodity Futures Trading Commission (CFTC) regulates commodity futures and option markets in the United States. The agency protects market participants against manipulation, abusive trade practices and fraud. Through effective oversight and regulation, the CFTC enables the markets to serve better their important functions in the nation's economy providing a mechanism for price discovery and a means of offsetting price risk. The Federal Election Commission (FEC) oversees campaign financing for all federal elections. The Commission oversees election rules as well as reporting of campaign contributions by the candidates. The Federal Communications Commission (FCC) is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. It licenses radio and television broadcast stations, assigns radio frequencies, and enforces regulations designed to ensure that cable rates are reasonable. The FCC regulates common carriers, such as telephone and telegraph companies, as well as wireless telecommunications service providers. The Federal Maritime Commission (FMC) regulates the international ocean transportation of the United States. It is charged with ensuring a competitive, efficient, and economic ocean transportation system. [ The Federal Trade Commission (FTC) enforces federal antitrust and consumer protection laws by investigating complaints against individual companies initiated by consumers, businesses, congressional inquiries, or reports in the media. The commission seeks to ensure that the nation's markets function competitively by eliminating unfair or deceptive practices. The National Labor Relations Board (NLRB) administers the principal United States labor law, the National Labor Relations Act. The board is vested with the power to prevent or remedy unfair labor practices and to safeguard employees' rights to organize and determine through elections whether to have a union as their bargaining representative. The National Transportation Safety Board (NTSB) investigates all aviation accidents in the United States, and certain major railroad and other accidents. The Nuclear Regulatory Commission (NRC) was established by the Energy Reorganization Act of 1974 from the United States Atomic Energy Commission, and was first opened January 19, The NRC oversees reactor safety and security, reactor licensing and renewal, radioactive material safety, and spent fuel management (storage, security, recycling, and disposal). The Securities and Exchange Commission (SEC) was established to protect investors who buy stocks and bonds. Federal laws require companies that plan to raise money by selling their own securities to file reports about their operations with the SEC, so that investors have access to all material information. The commission has powers to prevent or punish fraud in the sale of securities and is authorized to regulate stock exchanges. The United States International Trade Commission (USITC) provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement. The Postal Regulatory Commission (PRC) was created in 1971 as the Postal Rate Commission and strengthened under the Postal Accountability and Enhancement Act enacted in December Provides regulatory oversight over the activities of the United States Postal Service. The Federal Retirement Thrift Investment Board (FRTIB) is one of the smaller Executive Branch agencies, with just over 100 employees. It was established to administer the Thrift Savings Plan (TSP), which provides Federal employees the opportunity to save for additional retirement security. The Thrift Savings Plan is a tax-deferred defined contribution plan similar to a private sector 401(k) plan. The Federal Energy Regulatory Commission (FERC) is the United States federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates. FERC also reviews and authorizes liquefied natural gas (LNG) terminals, interstate natural gas pipelines and non-federal hydropower projects. The Social Security Administration (SSA) is the United States federal agency that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for these benefits, most American workers pay Social Security taxes on their earnings; future benefits are based on the employees' contributions. Other independent agencies: the National Credit Union Administration (NCUA), the Consumer Product Safety Commission (CPSC), the Consumer Financial Protection Bureau (CFPB) (formally part of the Federal Reserve Board) and the Federal Reserve System.

24 The Law Making Authority of the Executive Branch While it is the role of the Legislative Branch (Congress) to make law, sometimes the need for specific law can become too technical for members of Congress to understand what the needs for the laws are. As a result, Congress has created laws that give some of their law making authority to specific departments and agencies of the executive branch. For example, laws regarding how income taxes are to be collected, and what the meanings and interpretations of specific statuatory laws (laws made by Congress) regarding taxes are, is given to the Internal Revenue Service (IRS) Making laws regarding what policies airlines, airplanes, and pilots must follow to insure safety in the air is given to the Federal Aviation Administration (FAA) These types of laws are known as Regulatory Law or simply regulations. These types of laws are made by the departments and agencies under the executive branch of the government.

25 The Law Making Authority of the Executive Branch These regulatory laws are a source of constant heated debate as many people see them as a means for the executive branch to by pass Congress, or for Congress to deny any responsibility for unpopular laws, thereby abrogating their legislative role. As we have already touched on, there is one other means by which the executive branch can engage in law making, and that is through the Executive Order. The Executive Order is the means through which the President of the United States implements his policies by ordering the departments and agencies under him to perform a certain action, or implement a certain policy he desires. Many people see this as worse than regulatory law because Congress has given none of their law making authority to the President. In these instances, he acts solely on his own discretion.

26 The Law Making Authority of the Executive Branch This is particularly evident in how President Obama chose to handle the border and immigration crisis during his administration, as evidenced in this article; President Barack Obama announced from the White House Rose Garden Monday he will no longer wait for congressional action but intends to attack America s immigration woes via executive order. America cannot wait forever, Obama said, explaining he s launching a new effort to fix as much of our immigration system as I can, on my own, without Congress. A senior White House official further explained Obama s first step will be to direct the Homeland Security and Justice departments to move available and appropriate enforcement resources from our interior to the border. The move will almost certainly slow down deportation efforts, but is purportedly designed to increase the deterrence factor for illegal immigrants crossing the U.S. border with Mexico. In 2012, Obama also announced from the Rose Garden an executive action on immigration the Deferred Action for Childhood Arrivals, or DACA, which halted deportations for up to 1 million illegal immigrants. Republicans, in turn, claim DACA and lax enforcement along the border only worked together to encourage the current surge of children and families from Central America pouring across the U.S. border with Mexico. The president s own executive orders have led directly to the humanitarian crisis along the southern border, giving false hope to children and their families that if they enter the country illegally they will be allowed to stay, Boehner said in a statement today. The White House claims it will move to return these children to their families in their home countries, yet additional executive action from this president isn t going to stem the tide of illegal crossings, it s only going to make them worse.

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