Trump Administration Asserts Control Over Independent Agencies

The Trump administration has taken two actions that will dramatically increase White House control over federal commissions, boards, and officials that were previously considered independent. These actions are likely to impact a wide range of industries and sectors of the American economy, including energy, financial services, transportation, healthcare, and many others.

First, President Trump issued an Executive Order (EO) to increase presidential supervision over the "so-called independent agencies." The EO, entitled "Ensuring Accountability for all Agencies," is a fundamental change to historical practice where independent agencies like the Securities and Exchange Commission, National Labor Relations Board, and Federal Energy Regulatory Commission fell outside the White House's regulatory oversight. This EO sets forth new requirements that would formally subject the actions taken by these and other independent agencies to White House control for the first time.