Congress could not reasonably or responsibly exercise these powers without knowing what the executive was doing; how programs were being administered, by whom, and at what cost; and whether officials were obeying the law and complying with legislative intent.
The Supreme Court of the United States has confirmed the oversight powers of Congress, subject to constitutional safeguards for civil liberties, on several occasions.
For example, in the 1980s Congress narrowed the U.S. Environmental Protection Agency's regulatory discretion using detailed substantive criteria to limit EPA rulemaking.
Although the U.S. Constitution grants no formal, express authority to oversee or investigate the executive or program administration, oversight is implied in Congress’s array of enumerated powers.
[9] The legislature is authorized to appropriate funds; raise and support armies; provide for and maintain a navy; declare war; provide for organizing and calling forth the Militia; regulate interstate and foreign commerce; establish post offices and post roads; advise and consent on treaties and presidential nominations (Senate); and impeach (House) and try (Senate) the president, vice president, and civil officers for treason, bribery, or other high crimes and misdemeanors.
Congress could not carry them out reasonably or responsibly without knowing what the executive is doing; how programs are being administered, by whom, and at what cost; and whether officials are obeying the law and complying with legislative intent.
Inspectors general (IGs), for instance, report their findings about waste, fraud, and abuse, and their recommendations for corrective action, periodically to the agency head and Congress.
The aim is to enhance coordination and efficiency within the agencies; improve the quality of relevant information; and provide it in a more meaningful and useful format for Congress, the president, and the public.
In addition, Congress creates commissions and establishes task forces to study and make recommendations for select policy areas that can also involve examination of executive operations and organizations.
The secretary was also required "to make report, and give information to either branch of the legislature...respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office."
In addition, House rules require that the findings and recommendations from the Government Reform Committee be considered by authorizing panels, if presented to them in a timely fashion.
Cases in point are temporary select committee inquiries into: China’s acquisition of U.S. nuclear weapons information, in 1999; the Iran–Contra affair, in 1987; intelligence agency abuses, in 1975–1976, and the Watergate scandal in 1973–1974.
The precedent for this kind of oversight goes back two centuries: in 1792, a special House committee investigated the defeat of an Army force by confederated Indian tribes.
The oversight not only encompassed the president and the White House staff, but also extended to the office of independent counsel, specifically its authority, jurisdiction, and expenditures.
Separately, examinations of executive operations and the implementation of programs—by congressional staff, support agencies, and specially created commissions and task forces—provide additional oversight.