Independent agencies of the United States federal government are agencies that exist outside the federal executive departments (those headed by a

Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...

secretary) and the Executive Office of the President. In a narrower sense, the term refers only to those independent agencies that, while considered part of the

executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In poli ...

, have regulatory or

rulemaking In administrative law, rulemaking is the process that executive and independent agencies use to create, or ''promulgate'', regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more deta ...

authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate

statutes A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

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), when in force, have the power of federal law.

Executive and regulatory agencies

Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent ''regulatory'' agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as the

Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...

, the Federal Reserve, the

Commodity Futures Trading Commission The Commodity Futures Trading Commission (CFTC) is an independent agency of the US government created in 1974 that regulates the U.S. derivatives markets, which includes futures, swaps, and certain kinds of options. The Commodity Exchange Ac ...

, the Federal Deposit Insurance Corporation, and the Consumer Financial Protection Bureau. Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the

Environmental Protection Agency A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...

, serve "at the pleasure of the president" and can be removed without cause.Copeland CW. (2013)
Economic Analysis and Independent Regulatory Agencies
Administrative Conference of the United States. See more a
Benefit-Cost Analysis at Independent Regulatory Agencies
The degree to which the President has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. In a narrower sense, the term ''independent agency'' refers only to these independent regulatory agencies that, while considered part of the executive branch, have rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited.

Structure of regulatory agencies

Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics.Pierce, Richard; Shapiro, Sidney A.; Verkuil, Paul (5th ed. 2009), ''Administrative Law and Process'', Section 4.4.1b, p. 101, Foundation Press Their officers can be protected from removal by the president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan. Presidential attempts to remove independent agency officials have generated most of the important

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

legal opinions in this area. In 1935, the Supreme Court in the case of ''

Humphrey's Executor v. United States ''Humphrey's Executor v. United States'', 295 U.S. 602 (1935), was a Supreme Court of the United States case decided regarding whether the United States President has the power to remove executive officials of a quasi-legislative or quasi-judicia ...

'' decided that although the president had the power to remove officials from agencies that were "an arm or an eye of the executive", it upheld statutory limitations on the president's power to remove officers of administrative bodies that performed quasi-legislative or quasi-judicial functions, such as the Federal Trade Commission. Presidents normally do have the authority to remove regular executive agency heads

at will In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. fi ...

, but they must meet the statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty, malfeasance, or other good cause. 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

commissioner A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to in ...

s or board members, subject to

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

confirmation, but they often serve terms that are staggered and longer than a four-year presidential term,Pierce, Shapiro, & Verkuil (2009) p. 102. meaning that most presidents will not have the opportunity to appoint all the commissioners of a given independent agency. 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. The president can normally designate which commissioner will serve as the chairperson. Congress can designate certain agencies explicitly as "independent" in the governing statute, but the functional differences have more legal significance. 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 A majority, also called a simple majority or absolute majority to distinguish it from #Related terms, related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Websterexecutive agency political appointments. Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies, if the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot reserve removal power over executive officers to itself. Constitutionally, Congress can only remove officers through

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

proceedings. 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 independent agencies

These agencies are not represented in the cabinet and are not part of the Executive Office of the president: * Amtrak (National Railroad Passenger Corporation) is a passenger railroad service that provides intercity service throughout the contiguous United States and parts of Canada. * The Central Intelligence Agency (CIA) gathers foreign intelligence and provides

national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...

assessments to policymakers in the United States. It acts as the primary human intelligence provider for the federal government. It is one of the principal members of the Intelligence Community, which is overseen by the Office of the Director of National Intelligence (ODNI), which is itself an independent agency. * The

(CFTC) regulates

commodity In economics, a commodity is an economic good, usually a resource, that has full or substantial fungibility: that is, the market treats instances of the good as equivalent or nearly so with no regard to who produced them. The price of a comm ...

futures Futures may mean: Finance *Futures contract, a tradable financial derivatives contract *Futures exchange, a financial market where futures contracts are traded * ''Futures'' (magazine), an American finance magazine Music * ''Futures'' (album), a ...

and

option Option or Options may refer to: Computing *Option key, a key on Apple computer keyboards *Option type, a polymorphic data type in programming languages *Command-line option, an optional parameter to a command *OPTIONS, an HTTP request method ...

markets in the United States. The agency protects market participants against manipulation, abusive trade practices, and fraud. Through oversight and regulation, the CFTC enables the markets to serve better their important functions in the US economy, providing a mechanism for price discovery and a means of offsetting price risk. * 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

Election Assistance Commission The Election Assistance Commission (EAC) is an independent agency of the United States government created by the Help America Vote Act of 2002 (HAVA). The Commission serves as a national clearinghouse and resource of information regarding electi ...

(EAC) was formed in 2002 to serve as a national clearinghouse and resource of information regarding election administration. It is charged with administering payments to states and developing guidance to meet the Help America Vote Act (HAVA) requirements, adopting voluntary voting system guidelines, and accrediting voting system test laboratories and certifying voting equipment. It is also charged with developing and maintaining a national mail voter registration form. * The

(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,

pesticide Pesticides are substances that are meant to control pests. This includes herbicide, insecticide, nematicide, molluscicide, piscicide, avicide, rodenticide, bactericide, insect repellent, animal repellent, microbicide, fungicide, and lampri ...

s, 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 Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the United States Environmental Pro ...

program for cleaning toxic waste sites. * 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 Deposit Insurance Corporation (FDIC) provides deposit insurance to depositors in U.S. commercial banks and savings banks. The FDIC was created by the 1933 Banking Act, enacted during the Great Depression to restore trust in the American banking system. Member banks' insurance dues are the primary source of funding. * The Federal Election Commission (FEC) oversees

campaign financing Campaign finance, also known as election finance or political donations, refers to the funds raised to promote candidates, political parties, or policy initiatives and referendums. Political parties, charitable organizations, and political ac ...

for all federal elections. The commission oversees election rules as well as reporting of campaign contributions by the candidates. * The

Federal Energy Regulatory Commission The Federal Energy Regulatory Commission (FERC) is the United States federal agency that regulates the transmission and wholesale sale of electricity and natural gas in interstate commerce and regulates the transportation of oil by pipeline in ...

(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 Federal Housing Finance Agency (FHFA) regulates Fannie Mae, Freddie Mac, and the 11 Federal Home Loan Banks. * The Federal Maritime Commission (FMC) regulates the international ocean transportation of the United States. It is charged with ensuring a competitive and efficient ocean transportation system. Marriner S

* The Federal Mediation and Conciliation Service (FMCS) created in 1947, is an independent agency whose mission is to preserve and promote labor-management peace and cooperation. Headquartered in Washington, DC, with six Regions comprising more than 60 Field and Home Offices, the agency provides mediation and conflict resolution services to industry, government agencies and communities. * The Federal Reserve System (often called "the Fed"), is the central bank of the United States. It conducts the nation's monetary policy by influencing the volume of credit and money in circulation. The Federal Reserve regulates private banking institutions, works to contain systemic risk in financial markets, and provides certain financial services to the federal government, the public, and financial institutions. * 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) In the United States, a 401(k) plan is an employer-sponsored, defined-contribution, personal pension (savings) account, as defined in subsection 401(k) of the U.S. Internal Revenue Code. Periodical employee contributions come directly out of their ...

plan. * The

Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...

(FTC) enforces federal

antitrust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...

and

consumer protection Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...

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 General Services Administration (GSA) is responsible for the purchase, supply, operation, and maintenance of federal property, buildings, and equipment, and for the sale of surplus items. GSA also manages the federal motor vehicle fleet and oversees

remote work Remote work, also called work from home (WFH), work from anywhere, telework, remote job, mobile work, and distance work is an employment arrangement in which employees do not commute to a central place of work, such as an office building, ware ...

centers and civilian child care centers. * The United States International Trade Commission (ITC) provides trade expertise to both the legislative and executive branches of the federal government, determines the impact of imports on US industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement. * The National Archives and Records Administration (NARA) preserves the nation's history by overseeing the management of all federal records. The holdings of the National Archives include original textual materials, motion picture films, sound and video recordings, maps, still pictures, and computer data. The Declaration of Independence, the US Constitution, and the Bill of Rights are preserved and displayed at the National Archives building in Washington, D.C. * The

National Aeronautics and Space Administration The National Aeronautics and Space Administration (NASA ) is an independent agency of the US federal government responsible for the civil space program, aeronautics research, and space research. NASA was established in 1958, succeeding th ...

(NASA) is the federal government's space agency. It is responsible for the civilian space program as well as aeronautics and aerospace research. * The National Labor Relations Board (NLRB) administers the principal United States labor law, the

National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...

. 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 Science Foundation (NSF) supports fundamental research and education in all the non-medical fields of science and engineering. * The

National Transportation Safety Board The National Transportation Safety Board (NTSB) is an independent U.S. government investigative agency responsible for civil transportation accident investigation. In this role, the NTSB investigates and reports on aviation accidents and incid ...

(NTSB) is responsible for civil transportation accident analysis in the US. The NTSB investigates and reports on aviation accidents and incidents, certain types of car accidents, ship and marine accidents, pipeline transport accidents, and rail transport accidents. * The

Nuclear Regulatory Commission The Nuclear Regulatory Commission (NRC) is an independent agency of the United States government tasked with protecting public health and safety related to nuclear energy. Established by the Energy Reorganization Act of 1974, the NRC began operat ...

(NRC) was established by the Energy Reorganization Act of 1974 from the United States Atomic Energy Commission, and opened January 19, 1975. The NRC oversees reactor safety and security, reactor licensing and renewal, radioactive material safety, and spent fuel management (storage, security, recycling, and disposal). * The Office of Special Counsel (OSC) is a permanent investigative and prosecutorial agency that operates a secure channel for federal whistleblower disclosures, protects federal employees from reprisal for whistleblowing, and enforces the restrictions of the Hatch Act on partisan political activity by government employees. * 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 2006. Provides regulatory oversight over the activities of the United States Postal Service. * The

(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 exchange A stock exchange, securities exchange, or bourse is an exchange where stockbrokers and traders can buy and sell securities, such as shares of stock, bonds and other financial instruments. Stock exchanges may also provide facilities for th ...

s. * The

Selective Service System The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, United States government that maintains information on U.S. Citizenship of the Unite ...

(SSS) is an independent federal agency operating with permanent authorization under the

Military Selective Service Act The Selective Service Act of 1948, also known as the Elston Act, was a major revision of the Articles of War of the United States enacted June 24, 1948 that established the current implementation of the Selective Service System. History The prev ...

. It is not part of the Department of Defense; however, it exists to serve the emergency manpower needs of the military by conscripting untrained men, or personnel with professional health care skills, if directed by Congress and the president. Its statutory missions also include being ready to administer an alternative service program, in lieu of military service for men classified as

conscientious objector A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to object ...

s. * The Small Business Administration (SBA) was created in 1953 to advise, assist, and protect the interests of small business concerns. The SBA guarantees loans to small businesses, aids victims of floods and other natural disasters, promotes the growth of minority-owned firms, and helps secure contracts for small businesses to supply goods and services to the federal government. * 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 employee contributions. * The

Surface Transportation Board The Surface Transportation Board (STB) of the United States is a federal, bipartisan, independent adjudicatory board. The STB was established on January 1, 1996, to assume some of the regulatory functions that had been administered by the Intersta ...

(STB) was created in the ICC Termination Act of 1995 and is the successor agency to the Interstate Commerce Commission. The STB is an economic regulatory agency that Congress charged with resolving railroad rate and service disputes and reviewing proposed railroad mergers. The STB is decisionally independent, although it is administratively affiliated with the Department of Transportation. * The Tennessee Valley Authority (TVA), created in 1933, provides economic development to the Tennessee Valley, a region particularly affected by the Great Depression. USPS Truck 3137

* The United States Postal Service (USPS) is defined by statute as an "independent establishment" of the federal government, which replaced the Cabinet-level Post Office Department in 1971. The Postal Service is responsible for the collection, transportation, and delivery of the mails, and for the operation of thousands of local post offices across the country. It also provides international mail service through the Universal Postal Union and other agreements with foreign countries. * The National Credit Union Administration (NCUA), government backer of credit unions, equivalent to the FDIC. * The

Consumer Product Safety Commission The United States Consumer Product Safety Commission (USCPSC, CPSC, or commission) is an independent agency of the United States government. The CPSC seeks to promote the safety of consumer products by addressing “unreasonable risks” of inj ...

(CPSC) evaluates and promotes the safety of consumer products. * The United States Agency for International Development (USAID), which provides foreign aid and assists with international development.

Former agencies

* The Committee on Public Information was an agency created to influence US public opinion regarding American participation in World War I. Lasting from April 14, 1917, to June 30, 1919 it was directed by George Creel. The agency used propaganda available to achieve its goals. * The

Interstate Commerce Commission The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminat ...

regulated common carriers and was thus able to render far reaching orders, such as the desegregation of public transportation. After trucking and railroads were largely deregulated, the ICC was replaced with the independent

, with remaining functions transferred to the Department of Transportation. * The United States Maritime Commission was intended to formulate a merchant shipbuilding program to design and build five hundred modern merchant cargo ships for the US Merchant Marine. It also formed the United States Maritime Service. In 1950, its functions were transferred to the United States Maritime Administration, which later became part of the Department of Transportation. * The

Reconstruction Finance Corporation The Reconstruction Finance Corporation was a government corporation administered by the United States Federal Government between 1932 and 1957 that provided financial support to state and local governments and made loans to banks, railroads, mortgag ...

was designed to help finance projects during the

Great Depression The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...

. It later helped finance the nation's military buildup as World War II approached. Scandals led to its eventual dissolution in 1956. * The Atomic Energy Commission was established for peacetime development of atomic energy. In 1974 it was abolished, and two new agencies were created; the

(NRC) for regulation of civilian uses of nuclear materials, such as nuclear power plants and medical uses, and the

Energy Research and Development Administration The United States Energy Research and Development Administration (ERDA) was a United States government organization formed from the split of the United States Atomic Energy Commission, Atomic Energy Commission (AEC) in 1975. It assumed the functio ...

(ERDA) for military development of nuclear materials. In 1977, the ERDA was merged with the Federal Energy Administration to form the United States Department of Energy. * The Office of the United States Nuclear Waste Negotiator was responsible for the placement and long term storage of radioactive waste. It was dissolved in 1995. * The United States Information Agency, which was partially merged into the

Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other nati ...

in 1999.

Agencies outside of executive branch

Although not officially part of the executive branch, these agencies are required by federal statute to release certain information about their programs and activities into the

Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...

, the daily journal of government activities: * Fannie Mae, or the Federal National Mortgage Association (FNMA) * Freddie Mac, or the Federal Home Loan Mortgage Corporation (FHLMC) * The

National Gallery of Art The National Gallery of Art, and its attached Sculpture Garden, is a national art museum in Washington, D.C., United States, located on the National Mall, between 3rd and 9th Streets, at Constitution Avenue NW. Open to the public and free of char ...

* The Smithsonian Institution (SI) is an independent establishment of the United States created by an act of Congress on August 10, 1846. The SI conducts scientific and scholarly research; publishes the results of studies, explorations, and investigations; organizes exhibits representative of the arts, the sciences, American history, and world culture; and engages in educational programming and national and international cooperative research. Most of the National Museums in Washington, D.C., are part of the Smithsonian.

Proposed independent agencies

* Federal Elections Agency, proposed by

Lee Drutman Lee Drutman is an American political scientist. He is a senior fellow at the New America Foundation. He is known as an advocate for proportional representation with ranked-choice voting in the U.S. political system, arguing that it would reduce p ...

of New America, which would merge the roles of the Federal Election Commission and

, expand enforcement against election interference and gather election data * Weather Modification Operations and Research Board, proposed by

Kay Bailey Hutchison Kay Bailey Hutchison (born Kathryn Ann Bailey; July 22, 1943) is an American attorney, television correspondent, politician, diplomat, and was the 22nd United States Permanent Representative to NATO from 2017 until 2021. A member of the Republi ...

to promote research into weather modification

Footnotes

External links

*
''The United States Government Manual'': information on the agencies of the legislative, judicial, and executive branches.

regulations.gov
{{United States topics Independent United States administrative law