On February 18, President Trump signed an Executive Order that aims to bring independent federal regulatory agencies under the supervision of the President. The EO says that independent agencies working on regulations would also be required to submit any new regulations to an office of the White House, the Office of Information and Regulatory Affairs, for review. The EO also attempts to assert broad authority of the White House Office of Management and Budget over the budget and activities of independent agencies.
Presidents can typically nominate leadership for independent agencies when there are vacancies. However, once confirmed by the Senate, those individuals typically serve for terms that are not tied to a particular presidential administration. Unlike agencies within the President’s cabinet, the operations of these agencies are generally intended to be insulated from the White House and from the influence of a particular administration’s political agenda. These agencies have functions that would be particularly susceptible to conflicts of interest or political interference – such as regulating banks and the financial services sector, monitoring elections, or mediating disputes of which the federal government is a party. Many of them also function as multi-member commissions that vote on decisions or adjudicate cases, with Republican- and Democratic-appointed members serving alongside each other, a further measure to ensure spreading out the distribution of power and ensuring fair application of the law without overly ideological agendas.
This EO continues the Trump administration’s attempt to assert a level of presidential authority beyond any existing legal precedent. President Trump has also illegally fired leaders serving terms at several independent agencies – including the NLRB, the EEOC, the Merit Systems Protection Board, and the Federal Labor Relations Authority – and has moved to shutter or otherwise hinder the actions of other independent agencies, such as the Consumer Financial Protection Bureau.