“What constitutes an emergency? According to Congress’ new spending package, research equipment and facilities for the National Science Foundation is an emergency. So are the 2024 Democratic National Committee convention and the Republican National Committee convention. So is NASA space exploration.
By classifying all these line items as emergencies, Congress can get hundreds of millions of taxpayer funding for them with reduced oversight.”
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“According to a January report from the Cato Institute, Congress has approved over $12 trillion in spending for emergencies over the past three decades, making up around 1 in 10 federal budget dollars spent—more than both Medicaid and veterans programs combined.”
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“”Congress has complete discretion in designating spending for emergencies because what qualifies as an emergency is subject to interpretation,” Romina Boccia and Dominik Lett wrote in Cato’s report. While the Office of Management and Budget (OMB) has laid out several criteria that emergency spending is supposed to meet, Boccia and Lett note that “the current process lacks a mechanism to evaluate whether an emergency provision meets the OMB’s test, which means that anything can count as emergency spending.”
Once spending gets earmarked as an emergency, it isn’t subjected to typical caps on discretionary spending, allowing Congress to rack up costs with little accountability. “Unfortunately, over the course of the last 30-some years, Congress took what was designed to be a ‘break glass in case of emergency’ escape valve, and they’ve turned it into a major source of funding for federal activity,” David Ditch, a senior policy analyst at The Heritage Foundation, tells Reason.”It’s just a way for [Congress] to avoid fiscal consequences. And that’s part of how we got where we are.””
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“Cato’s report highlights some particularly egregious examples of this exact phenomenon, including $600 million earmarked for replacing aircraft used in weather forecasting, $347 million for prison construction and detention costs, and $278 million to speed up the building process for a single research center.
“To me, the original sin in all of this is too many members of Congress don’t care at all about where the money comes from, all they care about is getting as much money out the door that they can take credit for,” says Ditch. “They’re more concerned with their next reelection than they are with the nation’s trajectory 20 and 30 years down the line.””
https://reason.com/2024/03/05/congress-wastes-billions-with-bogus-emergency-declaration/
“One of the first things on the agenda this year for Kentucky Republicans was figuring out how to kneecap Democratic Gov. Andy Beshear. They dropped legislation in January that placed new limits on the governor’s emergency executive powers, quickly passed the bill, overrode his veto and then fought him in court.
In the months that have followed, lawmakers across the country — from Maine to California, Oregon to Florida — have proposed and, in many cases, passed similar measures to curtail the sweeping powers bestowed on their state executives.”
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“Most governors insisted throughout the crisis that they were being guided by evolving science and trying to navigate uncertain terrain as best they could. But patience appears to have worn out for many legislators consigned to the backseat.”
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“In some states, it has been a continuation of philosophical differences that have played out over the course of the still-ongoing pandemic. That dynamic has been particularly evident in places sporting Democratic governors contending with GOP-controlled statehouses like Kentucky, Kansas and Michigan, where conservative outrage over Democratic Gov. Gretchen Whitmer’s pandemic mandates put her in physical danger last year.
But for other governors, it has been members of their own party who have been the ones trying to wrestle back control and deliver emphatic rebukes of their state’s leadership, as was the case in New York and Ohio last month.”
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“Generally speaking, however, the GOP has tilted far more toward limiting what governors are allowed to do by law than Democrats to date.”
“just one of 34 currently active national emergencies—each coming with its own special powers that the president can use until he decides to stop. The longest-running was invoked by President Jimmy Carter in response to the Iran hostage crisis (which ended in 1981, though the “emergency” never did). Other emergencies authorized by Presidents Bill Clinton, George W. Bush, Barack Obama, and Donald Trump are still humming along too, many with no obvious end in sight.
Congress can respond to presidential emergency declarations by disapproving of them after the fact, which it occasionally does.”
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“But doing so requires a supermajority of both chambers and, generally, Congress can’t be persuaded to get off its collective duff.”
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“Under a bill the two senators reintroduced..all presidential emergency declarations would expire after 72 hours unless Congress votes to allow them to continue.”
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“the bill is undermined by the fact that Paul and Wyden propose to exempt some presidential powers, such as those granted by the International Emergency Economic Powers Act (IEEPA), which allows presidents to impose sanctions on foreign officials and businesses deemed a threat to American national security. The powers granted by the IEEPA form the basis of many of the 34 ongoing national emergencies”