McCarty, Nolan, Penny, Tim, Harbridge-Yong, Laurel, Kosar, Kevin, MacGuineas, Maya, Pasachoff, Eloise, Paulsen, Erik, Russell, Annelise, Swett, Richard, Thurber, James, Volden, Craig, Wallner, James, and Wiseman, Alan
Although the United States Constitution grants Congress the power of the purse, executive encroachment and congressional acquiescence require that Congress take action to reassert its power over government spending. With this aim, this report recommends a series of reforms focused on (1) improving transparency and accountability to Congress and (2) enabling expedited congressional review of executive spending. * Require increased transparency regarding apportionments by developing a more user-friendly apportionment database and by mandating semi-annual reports by the Government Accountability Office (GAO) on apportionments. * Require increased transparency regarding expenditures made during government shutdowns by mandating that agencies provide program-by-program information on expenditures made during a lapse in appropriations and that agencies report to Congress when GAO determines that they have violated the Antideficiency Act. * Require increased transparency regarding the transfer and reprogramming of federal funds by mandating that agencies and departments make information on these actions publicly available. * Require the expiration of any presidential national emergency declaration after 30 days unless an extension is affirmatively authorized by Congress. * Require increased transparency regarding the uses and sources of agency generated fees by mandating greater disclosure and accounting of the use of agency fees, fines, and penalties. * Enact fast track congressional review of executive led spending decisions by amending the Impoundment and Control Act to require that the President submit a message to Congress announcing plans to implement policy that rely in significant part on the obligation or expenditure of particular appropriations. A specified period in which Congress may act to overrule these executive actions is further recommended. The application of such a mechanism of review to reprogramming actions is also recommended, subject to careful consideration of dollar amount thresholds that would trigger congressional review. * Increased training regarding the budget and appropriations process for both incoming and returning members of Congress. Such training should emphasize Congress's constitutional role and authorities as well as the importance of executive accountability to Congress. These proposals are best understood alongside behavioral reforms on the part of members of Congress and potential reforms to the budget process, both of which could serve to discourage future executive encroachment and undue congressional delegation of authority. A further elaboration of these proposals is accompanied by a brief history of Congress' power of the purse and by a discussion of potential behavioral and budgetary reforms., Introduction The Constitution unambiguously lodges the 'power of the purse' in the Congress. These prerogatives encompass both the power to levy taxes (Article 1, Section 8, clause 1) and to [...]