White House Restricts the Power of Independent Agencies

February 20, 2025

What's New

President Trump signed an executive order February 18 that will sharply limit the autonomy of independent federal agencies, such as the National Labor Relations Board.

The E.O., entitled “Ensuring Accountability for All Agencies,” seeks to control independent agencies by:

• Subjecting their regulatory activity and strategic plans to review by the White House Office of Management and Budget;
• Establishing performance standards for independent agency heads;
• Requiring regular coordination and review of agency priorities for consistency with the President’s priorities; and
• Prohibiting any executive branch employee from advancing an interpretation of the law that contravenes that of the President or Attorney General—including through regulation, guidance, or positions advanced in litigation.

What It Means

The new E.O. follows President Trump’s decisions to terminate members of the NLRB, EEOC, and other agencies that traditionally have enjoyed some independence because of their multi-member and often bipartisan composition. It is likely that the E.O. will be challenged in court, but it likely will take some time before courts rule. Meanwhile, the new E.O. clearly demonstrates the President’s expectation that all executive branch agencies will implement his priorities.

What You Should Do

CWC is closely following the changing regulatory landscape and will provide updates as the practical implications of this restructuring become clearer. In the meantime, CWC members can discuss the implications of the E.O. at our upcoming Workplace Policy Conference.

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