Administrative Discretion

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Holland recently met with Senator Castor who reported that Congress is considering additional Constitutional amendments to the HCA that would affect the governance of the BORS. Holland has convened attorneys and paralegals in the Office of General Counsel to “brainstorm” about the possibility that Congress is overstepping and interfering too much with the BORS authority.

Holland has tasked you with taking notes about the discussion, then preparing a report that summarizes the consensus of the group and articulates the issues and concerns about possible new congressional amendments.

Facts: Since its creation, the leaders at the BORS have been accused of mismanaging the agency. Several employees of the agency have been fired for fraud and theft. Nine employees accused the managers of racial and sexual harassment within the last year. A whistleblower at the BORS reported that the agency wasted government funds by allowing employees to travel and attend conferences and training seminars where the main focuses were partying and sightseeing. Because of these activities, the BORS’ employees have a low morale, and the BORS consistently scores low on the annual survey of the “Best Places to Work in the Federal Government.”

As preparation for her speech, Senator Castor has asked for guidance from the BORS.

Instructions: Prepare a summary report that reflects the consensus of the Office of General Counsel personnel by addressing and recommending the following:

(1) the detriments of removing the BORS’ discretion to hire its employees, and a reasonable alternative to removing the agency’s discretion to hire employees; and

(2) the detriments of removing the BORS’ discretion to expend funds for travel to conferences and training seminars, and a reasonable alternative to removing the agency’s discretion to expend funds for travel to conferences and training seminars.

BACKGROUND FACTS: The United States Congress recently enacted a law that legalizes and authorizes the cloning of humans, the Human Cloning Act (“HCA”).

The HCA is a part of Title 42 of the United States Code. The HCA includes guidelines for those involved in cloning science, research, technology, and commerce.

In the HCA, Congress, using its enabling legislation authority, created a new Federal administrative agency – the Board of Regenerative Science (“BORS”). The primary function of the BORS is to regulate the human cloning industry, enforce the HCA guidelines, and sanction any violations.

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