Yes, Congress plays a crucial role in creating executive branch agencies. According to the Constitution, Congress has the authority to establish federal offices and agencies through legislation (Article I, Section 8, Clause 18, Necessary and Proper Clause). This power is exercised through separate statutes passed by Congress, which define the goals, powers, and functions of each agency.

The Supreme Court has consistently recognized Congress’s authority to create executive branch agencies, citing the Necessary and Proper Clause (e.g., Freytag v. Comm’r, 501 U.S. 868, 883 (1991); Buckley v. Valeo, 424 U.S. 1, 138 (1976)). Congress can establish agencies, determine their functions and jurisdiction, prescribe qualifications and rules for appointees, and fix their terms and compensation (Myers v. United States, 272 U.S. 52, 129 (1926)).

While the President has some discretion in appointing agency heads and officials, Congress’s authority to create agencies is a fundamental aspect of the legislative process. The President’s role is to enforce the laws, including those created by Congress for executive branch agencies.

In summary, Congress creates executive branch agencies through legislation, exercising its constitutional authority under the Necessary and Proper Clause.