Which Of The Following Agencies Is Most Removed From Presidential Control?

Agencies that exist outside of the federal executive departments

Independent agencies of the United States federal authorities are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President.^[one] ^{: half-dozen} In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president'south power to dismiss the agency head or a member is limited.

Established through separate statutes 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 information technology may take the power of rulemaking. These agency rules (or regulations), when in strength, accept the power of federal law.^[2]

Executive and regulatory agencies [edit]

Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President.^[1] ^{: half dozen} There is a further distinction between independent executive agencies and independent regulatory agencies, which accept been assigned rulemaking responsibilities or authorities past Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such every bit the Securities and Exchange Commission, the Federal Reserve, the Commodity Futures Trading Committee, the Federal Eolith Insurance Corporation, and the Consumer Financial Protection Bureau. Generally, the heads of independent regulatory agencies can only be removed for cause, just Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency, serve "at the pleasure of the president" and can exist removed without crusade.^[3]

The degree to which the President has the power to use executive orders to set policy for independent executive agencies is disputed.^[four] Many orders specifically exempt independent agencies, simply some exercise not.^[5] Executive Society 12866 has been a particular matter of controversy; it requires toll-benefit assay for certain regulatory deportment.^[3] ^[six] ^[7]

In a narrower sense, the term contained bureau refers only to these independent regulatory agencies that, while considered part of the executive branch, take rulemaking dominance and are insulated from presidential control, usually because the president's power to dismiss the bureau caput or a member is limited.

Structure of regulatory agencies [edit]

Independent agencies tin can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics.^[8] Their officers tin exist protected from removal past the president, they can be controlled by a board that cannot be appointed all at in one case, and the lath can be required to be bipartisan.

Presidential attempts to remove independent bureau officials have generated most of the important Supreme Court legal opinions in this expanse.^[nine] In 1935, the Supreme Court in the case of Humphrey'south 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'due south ability to remove officers of authoritative bodies that performed quasi legislative or quasi judicial functions, such as the Federal Trade Commission.^[1] ^: 142 Presidents unremarkably exercise have the authority to remove regular executive agency heads at will, but they must meet the statutory requirements for removal of commissioners of independent agencies, such equally demonstrating incapacity, fail of duty, malfeasance, or other adept cause.^[x]

While nearly executive agencies have a single manager, administrator, or secretarial assistant appointed by the president of the U.s., 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 7 members who share power over the bureau.^[8] (This is why many independent agencies include the word "Commission" or "Lath" in their name.) The president appoints the commissioners or board members, subject area to Senate confirmation, simply they often serve terms that are staggered and longer than a 4-twelvemonth presidential term,^[9] meaning that most presidents will not have the opportunity to appoint all the commissioners of a given independent agency. In add-on, about contained agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his ain political party.^[9] The president can ordinarily designate which commissioner volition serve as the chairperson.^[9]

Congress can designate certain agencies explicitly equally "independent" in the governing statute, but the functional differences have more legal significance.^[11] In reality, the high turnover rate among these commissioners or lath members ways that most presidents have the opportunity to fill enough vacancies to found a voting majority on each contained bureau commission inside the first 2 years of the outset term as president.^[12] In some famous instances, presidents have found the contained agencies more loyal and in lockstep with the president'south wishes and policy objectives than some dissenters among the executive agency political appointments.^[13]

Although Congress tin pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies,^[14] if the independent agency exercises whatever executive powers like enforcement, and virtually of them do, Congress cannot reserve removal ability over executive officers to itself.^[15] Constitutionally, Congress tin can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that accept executive powers,^[16] nor can Congress itself appoint the commissioners – the Appointments Clause of the Constitution vests that power in the president.^[17] 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 contained agencies [edit]

These agencies are not represented in the cabinet and are not part of the Executive Part of the president:^[18]

Amtrak (National Railroad Passenger Corporation) is a passenger railroad service that provides intercity service throughout the contiguous U.s. and parts of Canada.
The Primal Intelligence Agency (CIA) gathers foreign intelligence and provides national security assessments to policymakers in the United states. It acts as the chief homo intelligence provider for the federal government. It is one of the master members of the Intelligence Community, which is overseen by the Office of the Director of National Intelligence (ODNI), which is itself an independent bureau.
The Commodity Futures Trading Commission (CFTC) regulates commodity futures and option markets in the Usa. The bureau protects market participants against manipulation, calumniating trade practices, and fraud. Through oversight and regulation, the CFTC enables the markets to serve better their of import 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 fiscal companies in the United States.
The Election Aid Commission (EAC) was formed in 2002 to serve as a national clearinghouse and resource of information regarding ballot administration. It is charged with administering payments to states and developing guidance to encounter the Aid America Vote Act (HAVA) requirements, adopting voluntary voting organization guidelines, and accrediting voting organization test laboratories and certifying voting equipment. It is besides charged with developing and maintaining a national mail voter registration course.
The Ecology Protection Agency (EPA) works for land and local governments throughout the U.s. to control and abate environmental pollution and to address problems related to solid waste, pesticides, radiation, and toxic substances. The EPA sets and enforces standards for air, soil and h2o quality, evaluates the impact of pesticides and chemical substances, and manages the Superfund 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 telly broadcast stations, assigns radio frequencies, and enforces regulations designed to ensure that cable rates are reasonable. The FCC regulates mutual carriers, such as telephone and telegraph companies, equally well every bit wireless telecommunications service providers.
The Federal Eolith Insurance Corporation (FDIC) provides deposit insurance to depositors in U.Southward. 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 organization. Member banks' insurance ante are the primary source of funding.
The Federal Election Commission (FEC) oversees entrada financing for all federal elections. The commission oversees election rules as well as reporting of campaign contributions by the candidates.
The Federal Energy Regulatory Committee (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 likewise reviews and authorizes liquefied natural gas (LNG) terminals, interstate natural gas pipelines, and non-federal hydropower projects.
The Federal Maritime Committee (FMC) regulates the international ocean transportation of the Usa. Information technology is charged with ensuring a competitive and efficient body of water transportation system.^[xix]

The headquarters of the Federal Reserve Organization

The Federal Reserve System (often called "the Fed"), is the central bank of the United states. It conducts the nation'southward monetary policy past influencing the volume of credit and money in apportionment. The Federal Reserve regulates private cyberbanking institutions, works to comprise systemic run a risk in financial markets, and provides certain financial services to the federal authorities, the public, and fiscal institutions.
The Federal Retirement Austerity Investment Lath (FRTIB) is one of the smaller Executive Branch agencies, with just over 100 employees. It was established to administrate the Thrift Savings Plan (TSP), which provides federal employees the opportunity to save for additional retirement security. The Thrift Savings Plan is a taxation-deferred defined contribution program similar to a private sector 401(k) plan.
The Federal Trade Commission (FTC) enforces federal antitrust and consumer 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 part competitively by eliminating unfair or deceptive practices.
The Full general Services Assistants (GSA) is responsible for the purchase, supply, operation, and maintenance of federal belongings, buildings, and equipment, and for the sale of surplus items. GSA also manages the federal motor vehicle armada and oversees remote work centers and civilian child care centers.
The United States International Merchandise Commission (ITC) provides trade expertise to both the legislative and executive branches of the federal government, determines the impact of imports on U.s.a. industries, and directs deportment confronting sure unfair merchandise practices, such every bit patent, trademark, and copyright infringement.
The National Athenaeum 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, movement motion picture films, sound and video recordings, maps, still pictures, and figurer information. The Annunciation of Independence, the United states of america Constitution, and the Neb of Rights are preserved and displayed at the National Archives edifice in Washington, D.C.
The National Aeronautics and Space Administration (NASA) is the federal government'due south space agency. It is responsible for the civilian space program equally well as aeronautics and aerospace research.
The National Labor Relations Board (NLRB) administers the chief The states labor law, the National Labor Relations Act. The lath is vested with the ability to forestall or remedy unfair labor practices and to safeguard employees' rights to organize and determine through elections whether to take a matrimony as their bargaining representative.
The National Science Foundation (NSF) supports cardinal research and education in all the non-medical fields of science and engineering.
The National Transportation Safety Lath (NTSB) is responsible for civil transportation blow analysis in the US.^[20] The NTSB investigates and reports on aviation accidents and incidents, certain types of car accidents, ship and marine accidents, pipeline transport accidents, and runway transport accidents.^[21]
The Nuclear Regulatory Commission (NRC) was established by the Energy Reorganization Act of 1974 from the United States Diminutive Free energy Commission, and opened January xix, 1975. The NRC oversees reactor rubber and security, reactor licensing and renewal, radioactive textile safety, and spent fuel management (storage, security, recycling, and disposal).
The Role 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 past authorities employees.
The Postal Regulatory Committee (China) was created in 1971 equally the Postal Rate Committee and strengthened nether the Postal Accountability and Enhancement Act enacted in December 2006. Provides regulatory oversight over the activities of the United States Post.
The Securities and Commutation Committee (SEC) was established to protect investors who buy stocks and bonds. Federal laws require companies that plan to heighten money by selling their ain securities to file reports almost their operations with the SEC, so that investors have access to all material data. The commission has powers to prevent or punish fraud in the auction of securities and is authorized to regulate stock exchanges.
The Selective Service Organization (SSS) is an independent federal agency operating with permanent authorization under the War machine Selective Service Act. Information technology 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 wellness care skills, if directed by Congress and the president. Its statutory missions too include being ready to administrate an alternative service program, in lieu of military service for men classified as careful objectors.
The Small Business Assistants (SBA) was created in 1953 to suggest, 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-endemic firms, and helps secure contracts for small businesses to supply appurtenances and services to the federal government.
The Social Security Assistants (SSA) is the The 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 (STB) was created in the ICC Termination Act of 1995 and is the successor bureau to the Interstate Commerce Commission. The STB is an economical regulatory agency that Congress charged with resolving railroad charge per unit and service disputes and reviewing proposed railroad mergers. The STB is decisionally independent, although it is administratively affiliated with the Section of Transportation.
The Tennessee Valley Authorization (TVA), created in 1933, provides economic development to the Tennessee Valley, a region particularly affected by the Cracking Depression.

The U.s.a. Postal Service (USPS) is defined by statute equally an "independent institution" of the federal authorities, which replaced the Cabinet-level Post Office Department in 1971. The Postal Service is responsible for the collection, transportation, and commitment of the mails, and for the operation of thousands of local post offices beyond the country. It also provides international postal service through the Universal Postal Union and other agreements with strange countries.
Other independent agencies: the National Credit Marriage Administration (NCUA) and the Consumer Production Safety Commission (CPSC).
The United States Agency for International Evolution (USAID), which provides strange aid and assists with international development.

Sometime agencies [edit]

The Committee on Public Information was an agency created to influence U.s. public opinion regarding American participation in World State of war I. Lasting from Apr 14, 1917, to June 30, 1919 it was directed by George Creel. The agency used propaganda available to attain its goals.
The Interstate Commerce Committee regulated common carriers and was thus able to render far reaching orders, such equally the desegregation of public transportation. After trucking and railroads were largely deregulated, the ICC was replaced with the independent Surface Transportation Board, with remaining functions transferred to the Department of Transportation.
The United States Maritime Commission was intended to codify a merchant shipbuilding programme to pattern 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 Section of Transportation.
The Reconstruction Finance Corporation was designed to help finance projects during the Great Depression. Information technology later helped finance the nation'southward armed forces buildup as World State of war II approached. Scandals led to its eventual dissolution in 1956.
The Atomic Energy Commission was established for peacetime evolution of atomic free energy. In 1974 information technology was abolished, and two new agencies were created; the Nuclear Regulatory Commission (NRC) for regulation of noncombatant uses of nuclear materials, such as nuclear power plants and medical uses, and the Energy Research and Development Assistants (ERDA) for military development of nuclear materials.^{[ clarification needed ]} In 1977, the ERDA was merged with the Federal Energy Administration to form the United States Section of Free energy.^[22]
The Office of the Us Nuclear Waste Negotiator was responsible for the placement and long term storage of radioactive waste. It was dissolved in 1995.^[23]
The United States Information Agency, which was partially merged into the Department of State in 1999.

Agencies exterior of executive co-operative [edit]

Although not officially part of the executive branch, these agencies are required by federal statute to release certain data about their programs and activities into the Federal Register, the daily journal of government activities:

Fannie Mae, or the Federal National Mortgage Clan (FNMA)
Freddie Mac, or the Federal Dwelling house Loan Mortgage Corporation (FHLMC)
The National Gallery of Art
The Smithsonian Institution (SI) is an contained institution of the United States created by an human activity of Congress 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. Near of the National Museums in Washington, D.C., are office of the Smithsonian.

Footnotes [edit]

^ ^a ^b ^c Breger, Marshall J.; Edles, Gary J. (2015). Independent Agencies in the United states of america: Law, Construction, and Politics. Oxford: Oxford Academy Press. ISBN9780199812127.
^ Copland, James (2020). The Unelected: How an Unaccountable Elite is Governing America. See. p. 304. ISBN978-1641771207.
^ ^a ^b Copeland CW. (2013). Economic Analysis and Independent Regulatory Agencies. Administrative Conference of the United States. See more at Benefit-Cost Assay at Independent Regulatory Agencies.
^ Dan Bosch (May 29, 2020). "The Administration'south View of Its Ability to Direct Independent Agencies".
^ Cass R. Sunstein; Adrian Vermeul (2021). "Presidential Review: The President's Statutory Authority over Contained Agencies" (PDF). Georgetown Law Periodical. 109: 637–664.
^ Clark Nardinelli; Susan E. Dudley (February iii, 2021). "Extending Executive Order 12866 to Contained Regulatory Agencies".
^ "Contained Regulatory Agency". Glossary of Regulatory Jargon. The Regulatory Group. 2002.
^ ^a ^b Pierce, Richard; Shapiro, Sidney A.; Verkuil, Paul (5th ed. 2009), Administrative Law and Process, Section 4.4.1b, p. 101, Foundation Press ISBN 1-59941-425-2
^ ^a ^b ^c ^d Pierce, Shapiro, & Verkuil (2009) p. 102.
^ See, e.grand., Humphrey's Executor 5. United States, 295 U.S. 602 (1935).
^ Shane, Peter, Merrill, Richard; Mashaw, Jerry (2003), Authoritative Law: The American Public Constabulary Process pp.228-29, Thomson-W: ISBN 978-0-314-14425-vi "Archived copy". Archived from the original on 2012-07-16. Retrieved 2009-02-01 . {{cite web}}: CS1 maint: archived copy every bit title (link)
^ Shane, Merrill, Mashaw (2003) p. 230; Pierce, Shapiro, & Verkuil (2009) p. 102.
^ Shane, Merrill, Mashaw (2003) p. 231.
^ Humphrey'southward Executor 5. United states of america 295 U.S. 602 (1935)
^ Encounter Bowsher v. Synar, 478 U.South. 714 (1986), Buckley 5. Valeo, 424 U.S. one (1976)
^ Buckley five. Valeo, 424 U.South. 1 (1976)
^ See Myers v. Usa, 272 U.Southward. 52 (1926); Buckley 5. Valeo, 424 U.S. 1 (1976)
^ "Branches of the U.Due south. Regime". usa.gov . Retrieved November 23, 2020.
^ Federal Maritime Committee
^ Run into "Virtually the NTSB".
^ 49 U.Southward.C. § 1131
^ "Farewell ERDA, Hullo Energy Department".
^ [ Richard H. Stallings Biography, Idaho State University Library]

External links [edit]

This commodity incorporates public domain cloth from the Usa.gov certificate: "Contained Agencies".
The United States Government Transmission: information on the agencies of the legislative, judicial, and executive branches.
regulations.gov