Established through separatestatutes passed byCongress, each respectivestatutory 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.[2]
Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President.[1]: 6 There is a further distinction between independent executive agencies and independentregulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. ThePaperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as theSecurities and Exchange Commission, theFederal Reserve, theCommodity Futures Trading Commission, theFederal Deposit Insurance Corporation, and theConsumer 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 theEnvironmental Protection Agency, serve "at the pleasure of the president" and can be removed without cause.[3]
The degree to which the president has the power to useexecutive orders to set policy for independent executive agencies is disputed.[4] Many orders specifically exempt independent agencies, but some do not.[5]Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions.[3][6][7]
Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics.[8] 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 importantSupreme Court legal opinions in this area.[9] In 1935, the Supreme Court in the case ofHumphrey's Executor v. United States 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.[1]: 142 Presidents normally do have the authority to remove regular executive agency headsat will, but they must meet the statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity,neglect of duty,malfeasance, or othergood cause.[10] This precedent was weakened in 2025 when the Supreme Court issued an unsigned emergency stay[11] in the case ofWilcox v. Trump, reversing a temporary injunction issued by a district court (which was reversed by a three-judge panel but then affirmed by the fullDC Circuit Court). This allowed the removal ofGwynne Wilcox, head of the independentNational Labor Relations Board, during the court case contesting the process and cause of her firing.
While most executive agencies have a single director, administrator, or secretary appointed by thepresident of the United States, independent agencies (in the narrower sense of being outside presidential control) almost always have a commission, board, or similarcollegial body consisting of five to seven members who share power over the agency.[8] (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints thecommissioners orboard members, subject toSenate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term,[9] 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 ofbipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party.[9] The president can normally designate which commissioner will serve as the chairperson.[9]
Congress can designate certain agencies explicitly as "independent" in the governing statute, but the functional differences have more legal significance.[12] 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 votingmajority on each independent agency commission within the first two years of the first term as president.[13] 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 theexecutive agencypolitical appointments.[14]
Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies,[15] 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.[16] Constitutionally, Congress can only remove officers throughimpeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers,[17] nor can Congress itself appoint the commissioners – theAppointments Clause of the Constitution vests that power in the president.[18] The Senate does participate, however, in appointments through "advice and consent", which occurs through confirmation hearings and votes on the president's nominees.
These agencies are not represented in the cabinet and are not part of the Executive Office of the President:[19]
Amtrak (National Railroad Passenger Corporation) is a passenger railroad service that provides intercity service throughout the contiguous United States and parts of Canada.
TheCentral Intelligence Agency (CIA) gathers foreignintelligence and providesnational security assessments to policymakers in the United States. It acts as the primary human intelligence provider outside of the United States for the federal government. It is one of the principal members of the Intelligence Community, which is overseen by theOffice of the Director of National Intelligence (ODNI), which is itself an independent agency.
TheCommodity Futures Trading Commission (CFTC) regulatescommodityfutures andoption 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 forprice discovery and a means of offsetting price risk.
TheElection Assistance Commission (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 theHelp 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.
TheEnvironmental Protection Agency (EPA) works with state and local governments throughout the United States to control and abateenvironmental pollution and to address problems related to solid waste,pesticides, 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 theSuperfund program for cleaning toxic waste sites.
TheExport–Import Bank of the United States (EXIM) is the official export credit agency (ECA) of the United States federal government. Operating as a wholly owned federal government corporation, the bank "assists in financing and facilitating U.S. exports of goods and services", particularly when private sector lenders are unable or unwilling to provide financing.
TheFederal 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.
TheFederal 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.
TheFederal Election Commission (FEC) overseescampaign financing for all federal elections. The commission oversees election rules as well as reporting of campaign contributions by the candidates.
TheFederal 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 authorizesliquefied natural gas (LNG) terminals, interstate natural gas pipelines, and non-federalhydropower projects.
TheFederal Maritime Commission (FMC) regulates the international ocean transportation of the United States. It is charged with ensuring a competitive and efficient ocean transportation system.[20]
TheFederal 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 headquarters of the Federal Reserve System
TheFederal Reserve System (often called "the Fed"), is thecentral bank of the United States. It conducts the nation'smonetary policy by influencing the volume of credit and money in circulation. The Federal Reserve regulates private banking institutions, works to containsystemic risk in financial markets, and provides certain financial services to the federal government, the public, and financial institutions.
TheFederal Retirement Thrift Investment Board (FRTIB) is one of the smaller Executive Branch agencies, with just over 100 employees. It was established to administer theThrift 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 sector401(k) plan.
TheFederal Trade Commission (FTC) enforces federalantitrust andconsumer 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.
TheGeneral 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 overseesremote work centers and civilian child care centers.
TheInternational 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.
TheNational Aeronautics and Space Administration (NASA) is the federal government's space agency. It is responsible for the civilian space program as well as aeronautics and aerospace research.
TheNational 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.
TheNational Labor Relations Board (NLRB) administers the principalUnited States labor law, theNational 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.
TheNational Science Foundation (NSF) supports fundamental research and education in all the non-medical fields of science and engineering.
TheNuclear Regulatory Commission (NRC) was established by theEnergy Reorganization Act of 1974 from theUnited 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). In 2025, President Trump effectively ended its independence through a series of executive orders containing specific directions[23][24] and firing without cause Commissioner Christopher Hanson[25].
TheOffice 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.
ThePeace Corps was created in 1961 by an executive order of President Kennedy, originally under the State Department but reorganized as an independent agency by President Nixon. Peace Corps' goal is to assist developing countries by providing skilled workers in fields such as education, health, entrepreneurship, women's empowerment, or community development.
TheSecurities 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 regulatestock exchanges.
TheSelective Service System (SSS) is an independent federal agency operating with permanent authorization under theMilitary Selective Service Act. It is not part of theDepartment 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 asconscientious objectors.
TheSmall 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.
TheSocial Security Administration (SSA) is the United States federal agency that administersSocial Security, asocial 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.
TheSurface Transportation Board (STB) was created in the ICC Termination Act of 1995 and is the successor agency to theInterstate 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.
TheTennessee Valley Authority (TVA), created in 1933, provides economic development to the Tennessee Valley, a region particularly affected by the Great Depression.
TheUnited States Agency for International Development (USAID), created in 1961 to provide foreign aid and assist with international development. In 2025, theTrump administration terminated most of the agency’s programs[26] and rolled the remaining programs into the State Department,[27] but only an act of Congress can formally abolish the agency.[28]
TheUnited States Office of Personnel Management (OPM) manages the United States federal civil service by providing federal human resources policy, oversight, and support, and tends to healthcare (FEHB), life insurance (FEGLI), and retirement benefits (CSRS and FERS, but not TSP) for federal government employees, retirees, and their dependents. It is headed by a director, who is nominated by the President.
A USPS truck in the snow
TheUnited States Postal Service (USPS) is defined by statute as an "independent establishment" of the federal government, which replaced the Cabinet-levelPost 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 theUniversal Postal Union and other agreements with foreign countries.
TheCommittee on Public Information was an agency created to influence US public opinion regarding American participation inWorld War I. Lasting from April 14, 1917, to June 30, 1919 it was directed byGeorge Creel. The agency used propaganda available to achieve its goals.
TheInterstate Commerce Commission regulatedcommon 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 independentSurface Transportation Board, with remaining functions transferred to the Department of Transportation.
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 theFederal Register, 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)
TheSmithsonian 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.
Nuclear Waste Administration,[32] proposed byLisa Murkowski to provide for the permanent disposal of spent nuclear fuel and high-level radioactive waste.
^abPierce, Richard; Shapiro, Sidney A.; Verkuil, Paul (5th ed. 2009),Administrative Law and Process, Section 4.4.1b, p. 101, Foundation Press.ISBN1-59941-425-2.
^Trump, Donald (May 29, 2025). "Executive Order 14300 of May 23, 2025 Ordering the Reform of the Nuclear Regulatory Commission". Vol. 90, no. 102. Federal Register.
^Trump, Donald (May 29, 2025). "Executive Order 14301 of May 23, 2025 Reforming Nuclear Reactor Testing at the Department of Energy". Vol. 90, no. 102. Federal Register.
This article incorporatespublic domain material fromIndependent Agencies.USA.gov.
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