Trump Seeks Greater Control Over Independent Agencies

President Trump issued an Executive Order aiming to strengthen Presidential control over all independent agencies, setting up yet another test of executive power. 

Why it matters: Congress set up these agencies to act independently or semi-independently from the White House as compared with Cabinet agencies. The Executive Order theoretically tightens Presidential control over regulatory policy even further and increases the likelihood that the Trump agenda will be fully adopted and implemented across all agencies. To the extent they aren't already, independent agencies will simply become policymaking instruments of the President.

The EO specifically calls for:

• Agency performance standards set by the White House: Agencies will be required to follow standards set by the President, the Office of Management and Budget, and the Attorney General. Agency heads will be required to regularly report on their adherence to such standards. 

• White House “liaisons” at each agency: Every agency will be required to install a White House liaison in their head office to ensure they are faithfully executing the President’s agenda. 

• Regular White House reviews: In addition to the above controls, OMB will regularly audit agency activity to ensure it is in line with the President’s policy priorities. 

• President the final authority on the law: The President and Attorney General will establish “authoritative interpretations of the law” that must be adhered to by all agencies. 

The Order would make independent agencies even more partisan: In conjunction with Trump’s questionably legal terminations of opposition party agency heads (such as at the NLRB and EEOC), this EO would continue the trend of making historically (at least as originally intended) independent, non-partisan regulatory bodies fully politicized policy instruments of the President. Ongoing policy whiplash would likely only worsen. 

Add it to the list: The Executive Order has questionable legality, as certain agencies, such as the SEC, FTC, and the NLRB were specifically set up through statutes enacted by Congress to be independent of full Presidential control. The Order will likely set up a Constitutional legal battle over the extent of the President’s authority over independent agencies compared with congressional intent and past practice. The result could spell the end of “independent” agencies for good.