11. Independent Agencies
Section A - Autonomy
(1) All independent agencies of the United States of Africa exist outside of the federal executive departments. Their day to day activities are independent of presidential and congressional control. Each respective constitutional grant of authority defines the goals every independent agency must work towards as well as what substantive areas over which it may have the power of rule-making. Agency rules (regulations), while in force, have the power of federal law.
(2) Like the Presidency, the Federal Congress of Africa is barred from the regular removal process of commissioners. The Congress can only participate in impeachment proceedings against commissioners of independent agencies. The Congress can, however, pass statutes stipulating the circumstances under which the Board on Public Integrity can remove commissioners of independent agencies. Members of the Congress cannot serve as commissioners on independent agencies. With the exception of the Council of Chiefs appointing the Board on Public Integrity, the Congress' only part in the appointment of the commissioners to all the other independent agencies is through confirmation hearings for commissioners before the Council.
Section B - Agencies
(1) The Board on Public Integrity, whose members are appointed by the Council of Chiefs to a four year term that may be renewed once, shall govern all independent federal agencies. The Board shall remove commissioners for incapacity, neglect of duty, malfeasance or other good cause. The commissioners and all other employees of independent agencies must have no affiliation with, or membership in, political organizations.
(2) The Federal Service is the civil service commission of the United States of Africa.
(3) The Directorate of Elections administers federal elections in accordance with Article 4 of the African Constitution.
(4) The Communications Commission of Africa is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. It licenses radio and television broadcast stations, assigns radio frequencies and enforces regulations designed to ensure that cable rates are reasonable. This agency regulates common carriers, such as postal, telephone and telegraph companies as well as wireless telecommunications service providers.
(5) The Commission on Trade enforces antitrust and consumer protection laws by investigating complaints against corporations initiated by consumers, organizations and congressional inquiries and based also on news reports or information from other reliable sources. The commission seeks to ensure that Africa's markets function competitively by eliminating unfair or deceptive practices, provides expertise to both the legislative and executive branches of government, determines the impact of imports on African industry and directs actions against unfair and abusive and fraudulent trade practices, including patent trademark and copyright infringement. This agency as well regulates commodity futures, option markets and interstate commerce.
(6) The Commission on Labor and Retirement administers African labor law and has oversight on pension programs. It is vested with power to prevent or remedy unfair labor practices and to safeguard the right of employees to organize and determine through elections whether to have a union as their bargaining representative. The agency ensures that federal employees have an opportunity to save in a tax-deferred plan for additional retirement security.
(7) The Commission on Transportation is charged with ensuring a safe, competitive, efficient and economic transportation system. The commission investigates all aviation accidents in the United States of Africa and major road, rail and other traffic accidents. This agency regulates Africa's international ocean transportation and oversees merchant shipbuilding to design and build modern cargo ships.
(8) The Commission on Finance and Securities is responsible for enforcing fair lending practices and protecting the African people from financial scams and other fraudulent activities by financial institutions. The commission protects investors who buy stocks and bonds. Companies planning on raising money by selling their own securities must file reports regarding their operations with this federal regulator so investors have access to all material information. The agency is empowered to prevent or punish fraud in the sale of securities and regulate stock exchanges.
(9) The Commission on Energy is Africa's federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing and oil pipeline rates. It reviews and authorizes liquefied natural gas terminals, interstate natural gas pipelines and non-federal hydropower projects.
(10) The Commission on Consumer Safety is charged with ensuring that the products the African people buy are safe. This agency is mandated to impose financial penalties on violators or revoke their licences in extremely serious occurrences or repeated violations and may file criminal charges.
Section C - Additional Agencies
The Federal Congress of Africa may establish an agency within a federal department on the condition that any new agency shall be for a function a department is unable to perform as currently constituted, that a new agency will not duplicate a function already being performed or which could be performed by another department or agency and that a new agency shall cease to exist upon the completion of the function it was established for.
Section D - Federal Appointments
(1) With the exception of cabinet secretaries, who will be nominated unilaterally by the president, the Board on Public Integrity is in charge of advertising all senior positions in the federal civil service and all commissioner vacancies in all the independent agencies. The Board shall recommend for nomination by vote the three applicants it deems most eligible for each vacancy and submit their names to the Presidency. The president shall nominate one of them and forward the nominee's name to the Council of Chiefs for vetting. If, during the nomination or confirmation process, information emerges preventing an applicant or a nominee from being nominated or confirmed, the other two recommended applicants shall be considered in the same order. In the event all three applicants fail to be nominated or confirmed, the Board shall reconsider the applicantions it had turned down and recommend therefrom three new applicants to the Presidency.
(2) All middle and junior level positions in the federal service shall be recruited through the Federal Service. Each federal department shall advertise all its vacancies through the Federal Service, which shall recommend to the relevant department a list of the names of the most eligible applicants.
(3) The appointment of judges. All federal judges, including the chief justice, shall be appointed in accordance with provision 5 (a) above, beginning with the recommendation by the Board on Public Integrity of three applicants to the Presidency to nominate one of them and ending with confirmation by the Council of Chiefs.