President Trump signed an Executive Order (EO) entitled, “Ensuring Accountability for All Agencies” seeking to bring the National Labor Relations Board (NLRB) and other independent federal agencies under direct White House control. The EO requires an array of currently independent federal agencies and commissions to: (1) submit draft regulations for White House review; (2) consult with the White House on priorities and strategic plans, and have their performance standards set by the White House; (3) acknowledge that the President and the Attorney General will interpret all laws for the executive branch; and (4) accept that the Office of Management and Budget “will adjust so-called independent agencies’ apportionments to ensure tax dollars are spent wisely.” The EO applies to independent regulatory agencies covered by 44 U.S.C. 3502(5), which includes: the NLRB, the Federal Energy Regulatory Commission, the Federal Trade Commission, the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commission, the Consumer Financial Protection Bureau, the Postal Regulatory Commission, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the Office of the Comptroller of the Currency, and the Office of Financial Research. The EO does not apply to the Federal Reserve or to the Federal Open Market Committee in its conduct of monetary policy.
