Independent agencies of the United States federal government are those outside the federal executive department (led by the cabinet secretary) and the President's Executive Office. In a narrower sense, the term can also be used to describe the agency that, while constitutionally part of the executive branch, does not depend on presidential control, usually because of the president's power to dismiss the head of a limited body or member.
Stipulated through separate legislation passed by Congress, each of the statutory authority authorities establishes the objectives to be performed by the body, as well as what substantive areas, if any, where it can have the power of legislation. These agency rules (or rules), when applicable, have federal legal force.
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Independent agencies can be distinguished from federal executive departments and other executive agencies based on their structural and functional characteristics. Congress may also appoint certain institutions explicitly as "independent" in the governing law, but functional differences have greater legal significance.
While most executive bodies have a single director, administrator, or secretary appointed by the President of the United States, an independent body (in the strict sense of being out of control of the president) almost always has a commission, council, or similar collegial body of five to seven members who share power over the agency. (This is why many independent institutions include the word "Commission" or "Council" in their name.) The President appoints commissioners or board members, subject to Senate confirmations, but they often serve staggered terms and longer than four the presidency of the year, meaning that most presidents will not have the opportunity to appoint all commissioners of an independent body granted. The President can usually appoint a commissioner who will act as chairman. There is usually a legal provision that limits the authority of the president to remove the commissioner, usually for disability, neglect of duty, deviation, or other good cause. In addition, most independent institutions have mandatory requirements for bipartisan membership in the commission, so the president can not simply fill vacancies with members of his own political party.
In fact, a high turnover rate among commissioners or board members means that most presidents have the opportunity to fill in enough vacancies to form a majority of votes on any independent commission of agents in the first two years of the first term as president. In some notable examples, the president has found that independent bodies are more loyal and marching with the president's wishes and policy goals than some disagree among executive appointments. The president's attempt to remove the officials of independent institutions has resulted in most of the Supreme Court's important legal opinions in this area. The president usually has the authority to remove the head of an independent agency, but they must meet the legal requirements for removal, such as indicating that the individual has committed irregularities. Instead, the president can remove the head of the regular executive board at will.
If independent agencies use executive powers such as enforcement, and most of them, Congress can not participate in the regular process of commissionary abolition. Constitutionally, Congress can only participate directly in the impeachment process. Congress may, however, pass legislation limiting circumstances under which the president may remove commissioners from independent institutions. Members of Congress can not function as a commissioner to an independent institution with executive power, nor can Congress itself appoint a commissioner - the promise of the Constitutional Clause supports the president's power. The Senate did participate, however, in its appointment through "suggestions and approvals", which occurred through a confirmation hearing and a vote on the presidential nomination.
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Source of the article : Wikipedia
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