Omar Bennett
Independent executive agencies differ from cabinet executive agencies in their makeup, function, and the degree to which they are controlled by the president. While independent agencies are overseen by Congress, they operate with more autonomy than federal agencies headed by Cabinet members, such as the Departments of State or Treasury, which must report directly to the president. Independent agencies are usually controlled by a commission or board of five to seven people, whereas most executive agencies have a single director, administrator, or secretary appointed by the president. The heads of independent agencies are also protected from removal by the president, except in cases of poor performance or unethical activities.
| Characteristics | Values | |
|---|---|---|
| Control by the President | Cabinet executive agencies are directly controlled by the President. | Independent executive agencies operate outside of presidential control. |
| Removal of heads | The President can remove the heads of cabinet executive agencies without cause. | The President can only remove the heads of independent executive agencies for cause. |
| Reporting structure | Cabinet executive agencies must report directly to the President. | Independent executive agencies do not report directly to the President. |
| Organizational structure | Cabinet executive agencies are overseen by a single secretary, administrator, or director. | Independent executive agencies are overseen by a commission or board of five to seven people. |
| Appointment of heads | The President appoints the heads of cabinet executive agencies. | The President appoints the heads of independent executive agencies, subject to Senate confirmation. |
| Term of heads | The heads of cabinet executive agencies serve at the pleasure of the President. | The heads of independent executive agencies serve terms that are staggered and longer than a four-year presidential term. |
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What You'll Learn
- Independent agencies are not part of the federal executive branch
- Independent agencies are overseen by Congress
- Independent agencies have more autonomy than federal agencies
- Independent agencies are not directly controlled by the President
- Independent agencies are usually controlled by a commission or board
Independent agencies are not part of the federal executive branch
Independent agencies are distinct from the federal executive branch in several key ways. Firstly, they exist outside the federal executive departments and the Executive Office of the President. This means they are not directly controlled by the President and operate with more autonomy than federal agencies headed by Cabinet members. While independent agencies are technically part of the executive branch and overseen by Congress, they are independent of presidential control. This is because the President's power to dismiss the head or a member of an independent agency is limited, and they can only be removed for specific reasons, such as incapacity, neglect of duty, or malfeasance.
The heads of independent agencies are appointed by the President, with the approval of the Senate, but they typically serve staggered, longer terms than a four-year presidential term. This means that most presidents will not have the opportunity to appoint all the commissioners of a given independent agency. The independent agencies also almost always have a commission or board with shared power over the agency, rather than a single director or secretary.
The Supreme Court has upheld the independence of these agencies from direct presidential control. In the case of Humphrey's Executor v. United States, the Court decided that while the President could remove officials from agencies closely tied to the executive, there were statutory limitations on the President's power to remove officers of independent agencies. This decision has been a significant factor in shaping the relationship between independent agencies and the executive branch.
The structural and functional characteristics of independent agencies set them apart from the federal executive branch. They perform a range of functions, including administrative, political, research, and statistical roles, and produce a diverse array of information resources. While they are required to submit proposed regulatory actions to the Office of Information and Regulatory Affairs within the Executive Office of the President, they have the autonomy to create their own rules, performance standards, and deal with internal conflicts and employee discipline.
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Independent agencies are overseen by Congress
The heads of independent agencies can only be removed for specific reasons, such as incapacity, neglect of duty, malfeasance, or other good cause. This is in contrast to Cabinet members and heads of cabinet executive agencies, who serve at the pleasure of the president and can be removed without cause. The degree of presidential control over independent agencies is a matter of ongoing debate, with some arguing for more oversight and others for less.
The organizational structure of independent agencies grants them greater autonomy than federal agencies headed by Cabinet members. They have the power to create their own rules and performance standards, handle internal conflicts, and discipline employees who violate agency regulations. This autonomy is derived from their status as independent bodies that are not considered "an arm or eye of the executive".
Independent agencies are established by Congress through separate statutes that define their goals and rulemaking authority. These agencies are not represented in the Cabinet and are not part of the Executive Office of the President. They perform a variety of functions, including administrative, political, research, and statistical roles, and produce a diverse range of information resources.
In summary, independent agencies are overseen by Congress and operate within the executive branch but with a degree of independence from direct presidential control. They are governed by boards or commissions, have distinct functions and rulemaking powers, and are held accountable through mechanisms such as statutory requirements for removal and reviews by the Office of Information and Regulatory Affairs (OIRA) and the Office of Management and Budget (OMB).
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Independent agencies have more autonomy than federal agencies
Independent agencies are those that exist outside the federal executive branch, or executive, legislative, and judicial branches, of the US government. They are not directly controlled by the president and are overseen by Congress. They perform a variety of functions, from administrative and political to research and statistical. They are also insulated from presidential control as the president's power to dismiss the agency head or a member is limited.
Independent agencies are usually controlled by a commission or board made up of five to seven people who share power equally. While the commission or board members are appointed by the president with the approval of the Senate, they typically serve staggered terms, often lasting longer than a four-year presidential term. This means that the same president rarely gets to appoint all the commissioners of any given independent agency.
The heads of independent agencies can only be removed for cause, such as incapacity, neglect of duty, malfeasance, or other good cause. On the other hand, cabinet members and heads of cabinet executive agencies, such as the head of the Environmental Protection Agency, serve "at the pleasure of the president" and can be removed without cause.
The organizational structure of independent agencies allows them to create their own rules and performance standards, deal with conflicts, and discipline employees who violate agency regulations. They have more autonomy than federal agencies headed by Cabinet members such as the Departments of State or Treasury, which must report directly to the president.
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Independent agencies are not directly controlled by the President
While the President does have the authority to remove regular executive agency heads at will, they must meet statutory requirements to remove commissioners of independent agencies. These requirements include demonstrating incapacity, neglect of duty, malfeasance, or other good cause. Independent agencies are usually controlled by a commission or board made up of five to seven people who share power equally.
The Supreme Court has ruled on the President's power to remove officials from independent agencies. In Humphrey's Executor v. United States (1935), the Court decided that while the President has the power to remove officials from agencies that were "an arm or eye of the executive", there are statutory limitations on the President's power to remove officers of administrative bodies.
The degree to which the President can use executive orders to set policy for independent agencies is disputed. While independent agencies do not answer directly to the President, they are overseen by Congress and operate with more autonomy than federal agencies headed by Cabinet members.
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Independent agencies are usually controlled by a commission or board
Independent agencies are structurally and functionally distinct from federal executive departments and other executive agencies. Notably, independent agencies are typically overseen by a commission or board, deviating from the single director, administrator, or secretary structure prevalent in most executive agencies.
The commission or board structure of independent agencies is characterized by shared power among its members, usually consisting of five to seven individuals. This distribution of power stands in contrast to the concentrated authority typically held by a single individual in executive agencies. The board members of independent agencies are appointed by the president, subject to Senate confirmation. However, the president's influence is mitigated by staggered board terms that often exceed the four-year presidential term, preventing a single president from appointing all commissioners during their tenure.
The board or commission structure of independent agencies is integral to their autonomy from direct presidential control. While the president has the authority to appoint board members, their removal is subject to statutory requirements. Commissioners of independent agencies can only be removed for specific reasons, such as incapacity, neglect of duty, malfeasance, or other good cause. This limitation on presidential power to dismiss members contributes to the independence of these agencies.
The distinction between independent agencies and executive agencies lies in their relationship to presidential control. Independent agencies, despite being constitutionally part of the executive branch, operate with greater autonomy. They are not beholden to the president's political agenda and are free from executive leave in their duties. This independence is further reinforced by the shared power structure of their governing boards or commissions.
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Frequently asked questions
Independent agencies are usually controlled by a commission or board of five to seven people who share power equally. In contrast, most executive branch agencies are overseen by a single secretary, administrator, or director appointed by the president.
Independent agencies operate with more autonomy than federal agencies headed by Cabinet members. They do not answer directly to the president, and their department heads are protected from removal by the president.
Cabinet executive agencies must report directly to the president. In contrast, independent agencies are overseen by Congress and are only accountable to the president through the Office of Information and Regulatory Affairs (OIRA).
