The longtime Democratic leader of the House Energy and Commerce Committee and civil society groups unleashed a barrage of criticism against President Trump’s executive order spelling out White House control over independent agencies that have played a central role on artificial intelligence policy.
On Capitol Hill, Energy and Commerce ranking member Frank Pallone (D-NJ) took aim at the order, saying, “It is a gross abuse of power that would shatter the independence of these agencies and expose Americans to safety risks, higher prices, and more frequent scams. Elon Musk and his DOGE lackeys are the last people on Earth who should be determining the safety levels of America’s nuclear reactors, or deciding which of their billionaire friends’ websites should get a free pass to deceive consumers and undermine their privacy.”
Pallone said, “This is a five-alarm fire and it is despicable that Republicans, who have touted ‘small government’ for decades, are standing by silently while Trump turns their platform into a punchline. It’s proof that they no longer have any allegiance to anything other than Trump and Elon Musk. If they did, they would recognize that this Executive Order is wildly dangerous and that Congress, the courts, and the commissions themselves must join together to fight it.”
Trump on Feb. 18 signed an executive order stating that, “[I]n order to improve the administration of the executive branch and to increase regulatory officials' accountability to the American people, it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch.”
Federal departments and agencies, “including so-called independent agencies, shall submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register,” the order says.
The White House also posted a fact sheet on the order.
A tech industry source acknowledged, “This is a significant shift in how the administration talks about and thinks of independent agencies, which were created by Congress to be at least in theory -- independent.”
“That said,” the source added, “as we all know, most of these are led by political appointees of the president’s party so in practice, whether it’s communications policy, AI or something else, any change is likely to be minimal, at least looking at it right now.”
But reactions from civil society groups were swift.
Ben Winters, director of AI and data privacy at the Consumer Federation of America, commented, “This EO targeting the independence of agencies including the FTC and the FCC will set back AI policy and hamper the crucial enforcement against illegal robocalls, discriminatory uses of AI, or straight-up lies about what an AI can do. These agencies have been some of the only U.S. entities holding bad actors using AI and abusing data accountable. This move will endanger American consumers and embolden bad actors in the tech space.”
The Center for Democracy & Technology said in a statement, “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.”
CDT said, “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 group said, “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.”
CDT said, “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.”
At Public Citizen, co-president Robert Weissman said, “Trump’s illegal executive order on independent agencies aims to shield corporations from accountability and centralize more power with Trump and his minions.”
Weissman said, “This is a profoundly dangerous idea for the nation’s health, safety, environment and economy -- and for our democracy. Congress made independent agencies independent of the White House for good reason.”
“The EO,” Weissman said, “directs that all independent agencies shall subordinate themselves to the Office of Management and Budget (OMB) and Trump’s OMB hatchet man, Russ Vought. Under the EO, independent agencies’ rules would be approved by OMB and Vought, their funding would be determined by OMB and Vought, and they would be required to follow White House policy dictates. In short, independent agencies would become dependent -- dependent on the whims of Trump, Vought and their corporate buddies. This would be a disaster for America.”
He said, “The Federal Election Commission, for example, is independent of presidential control so that it can serve its election integrity mission without partisan favor. For all the FEC’s many faults, it would be far worse under the thumb” of Trump and Vought.
“The Federal Trade Commission (FTC) and Securities and Exchange Commission (SEC) are charged with defending consumer and investor rights and protecting market integrity. Their independence is designed to enable them to perform these duties without undue political pressure from giant corporations, the super rich and the super-connected. Trump’s EO would dissolve that independence and put the agencies under Trump’s thumb, ensuring they turn a blind eye to wrongdoing by favored corporations and leave consumers and investors out to dry,” the Public Citizen leader said.
“Not incidentally, both the FTC and SEC have ongoing investigations or enforcement actions against companies owned by Elon Musk,” he said, “Americans should understand exactly what this is: A giant gift to the corporate class and a Trumpian power grab.”