(WASHINGTON) — Late yesterday, President Trump released a fact sheet on “rein[ing] in independent agencies” and an executive order claiming complete control over nearly all federal independent agencies such as the Federal Trade Commission (FTC) and Federal Communications Commission (FCC). The move contradicts the United States Constitution and over a century of American law that has allowed independent agencies to make decisions under specific statutory authority approved by Congress.
“This action will serve only to politicize and corrupt independent agencies, which will now be subject to the political whims of those in power,” stated Center for Democracy & Technology (CDT) President and CEO Alexandra Reeve Givens. “For a century, these agencies have been independent for a reason — Congress needs these experts to interpret the laws it passes, and to initiate investigations and enforce those laws without political favoritism. Agencies like the FTC and FCC have bipartisan Commissioners and are insulated from presidential control to support sound decision-making on key issues impacting Americans’ lives. The new Executive Order turns this precedent on its head. Forcing these agencies to bow to political winds will lead to worse decisions and to regulatory whiplash as changes in administrations mean significant, unpredictable changes from a meddling President. Our system of checks and balances is quickly crumbling under this Administration.”
The executive order places the President, the Attorney General, and the Director of the Office of Management and Budget in positions of never-before-seen authority to, for instance, establish performance standards for agency commissioners, review and approve independent agency strategic plans and all independent agency rule proposals, and even to alter funding levels. Such approvals or changes can take effect seemingly without warning.
These actions are part of a trend by the President to assert expansive power over all federal agencies. In his first month in office, the President has fired several Democratic commissioners of independent agencies unlawfully and without cause, including at the National Labor Relations Board, the Equal Employment Opportunity Commission, the Federal Election Commission, and the Privacy & Civil Liberties Oversight Board. He has similarly gutted certain executive agencies, including the Consumer Financial Protection Bureau. Each of these agencies plays a crucial role in protecting American consumers and workers, safeguarding our elections, and providing oversight of the President’s surveillance powers.
The executive order subverts the very purpose of independent agencies, which is to operate as experts on specific topics without being subject to politics. The FCC, for instance, works on highly technical issues like wireless spectrum management, 9-1-1 functionality, and the details of the Universal Service Fund programs. Congress rightly delegated authority to an agency that employs expert technologists, lawyers, and engineers to make determinations on how best to accomplish the agency’s goals. The FTC similarly employs experts in consumer protection, economics, and competition, as well as technologists, to make sound decisions supported by an evidentiary record and based in reality rather than political favoritism. Under this executive order, nothing will pass without explicit Presidential approval.
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The Center for Democracy & Technology (CDT) is the leading nonpartisan, nonprofit organization fighting to advance civil rights and civil liberties in the digital age. We shape technology policy, governance, and design with a focus on equity and democratic values. Established in 1994, CDT has been a trusted advocate for digital rights since the earliest days of the internet. The organization is headquartered in Washington, D.C., and has a Europe Office in Brussels, Belgium.