In the United States federal government, independent agencies are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. 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 were insulated from presidential control, usually because the president's power to dismiss the agency head or a member was limited.
Established through separate statutes passed by 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 it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law.
Executive and regulatory agencies Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as the Securities and Exchange Commission, the Federal Reserve, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, and the Consumer Financial Protection Bureau. Generally, the heads of independent regulatory agencies could only be removed for cause, but 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 be removed without cause.Copeland CW. (2013). Economic Analysis and Independent Regulatory Agencies. Administrative Conference of the United States. See more at Benefit-Cost Analysis at Independent Regulatory Agencies.
The degree to which the president has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions.
Structure of regulatory agencies Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics.Pierce, Richard; Shapiro, Sidney A.; Verkuil, Paul (5th ed. 2009), Administrative Law and Process, Section 4.4.1b, p. 101, Foundation Press. . 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 important Supreme Court legal opinions in this area. In 1935, the Supreme Court in the case of Humphrey'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. Presidents normally do 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 as demonstrating incapacity, neglect of duty, malfeasance, or other good cause.See, e.g., Humphrey's Executor v. United States, 295 U.S. 602 (1935). This precedent was weakened in 2025 when the Supreme Court issued an unsigned emergency stayDONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. v. GWYNNE A. WILCOX, ET AL., ON APPLICATION FOR STAY, May 22, 2025 in the case of Wilcox v. Trump, reversing a temporary injunction issued by a district court (which was reversed by a three-judge panel but then affirmed by the full DC Circuit Court). This allowed the removal of Gwynne Wilcox, head of the independent National Labor Relations Board, during the court case contesting the process and cause of her firing. In 2026, in the case of Trump v. Slaughter, the Supreme Court overturned Humphrey's Executor v. United States and ruled that statutory limitations on the president's power to remove officials from the Federal Trade Commission are "contrary to the separation of powers enshrined in the constitution."25-332 Trump v. Slaughter (06/29/2026) Notably, however, in 2026, in the case of Trump v. Cook, the court upheld the removal protections for the Federal Reserve, citing "our Nation’s tradition of central banking protected from political interference."25A312 Trump v. Cook (06/29/2026)
While most executive agencies have a single director, administrator, or secretary appointed by the president of the United States, 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 seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints the commissioners or board members, subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term,Pierce, Shapiro, & Verkuil (2009) p. 102. 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 of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party. The president can normally designate which commissioner will serve as the chairperson.
Congress can designate certain agencies explicitly as "independent" in the governing statute, but the functional differences have more legal significance.Shane, Peter, Merrill, Richard; Mashaw, Jerry (2003), Administrative Law: The American Public Law Process pp.228-29, Thomson-West: 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 voting majority on each independent agency commission within the first two years of the first term as president.Shane, Merrill, Mashaw (2003) p. 230; Pierce, Shapiro, & Verkuil (2009) p. 102. 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 the executive agency political appointments.Shane, Merrill, Mashaw (2003) p. 231.
Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies,Humphrey's Executor v. United States 295 U.S. 602 (1935) 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.See Bowsher v. Synar, 478 U.S. 714 (1986), Buckley v. Valeo, 424 U.S. 1 (1976) Constitutionally, Congress can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers,Buckley v. Valeo, 424 U.S. 1 (1976) nor can Congress itself appoint the commissioners – the Appointments Clause of the Constitution vests that power in the president.See Myers v. United States, 272 U.S. 52 (1926); Buckley v. Valeo, 424 U.S. 1 (1976) 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 independent agencies These agencies are not represented in the cabinet and are not part of the Executive Office of the President: The Central Intelligence Agency (CIA) gathers foreign intelligence and provides national 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 the Office of the Director of National Intelligence (ODNI), which is itself an independent agency. The Chemical Safety and Hazard Investigation Board (CSB) investigates industrial and chemical accidents and safety hazards. The Commodity Futures Trading Commission (CFTC) regulates commodity futures and option 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 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 financial companies in the United States. The Consumer Product Safety Commission (CPSC) evaluates and promotes the safety of consumer products. The Election 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 the Help 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. The Environmental Protection Agency (EPA) works with state and local governments throughout the United States 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 water quality, evaluates the impact of pesticides and chemical substances, and manages the Superfund program for cleaning toxic waste sites. The Export–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. The Federal 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. The Federal 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. The Federal Election Commission (FEC) oversees campaign financing for all federal elections. The commission oversees election rules as well as reporting of campaign contributions by the candidates.