Executive Order 14215—Ensuring Accountability for All Agencies

Executive Order 14215, titled "Ensuring Accountability for All Agencies," was issued by President Donald J. Trump. This action establishes a policy for the executive branch to ensure Presidential supervision and control over all executive departments and agencies, including those often referred to as "independent agencies." Specifically, it requires these agencies to submit all proposed and final significant regulatory actions for review by the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before they are officially published. The order also involves withholding, pausing, or freezing federal funds. It does not apply to the Board of Governors of the Federal Reserve System or the Federal Open Market Committee in their conduct of monetary policy, but it does apply to the Federal Reserve's supervision and regulation of financial institutions.

The President's stated reasoning for this order is to ensure accountability for all agencies and to improve the administration of the executive branch, believing that officials wielding executive power should be supervised and controlled by the elected President. However, this action directly implicates the Impoundment Control Act of 1974, which was passed to prevent presidents from refusing to spend money Congress has appropriated. The Constitution grants Congress the exclusive "power of the purse," meaning the executive branch is legally obligated to spend funds appropriated by Congress for their designated purpose once a bill becomes law. Courts have consistently held that policy disagreements do not give the President authority to unilaterally withhold congressionally appropriated money, and this type of action frequently prompts litigation and has been struck down by federal courts.

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