It’s September and, among the sounds of summer fading, the chorus of those croaking for a Continuing Resolution (CR) are rising.  

In continuation of our Lewis Carroll theme from our last Weekly Wastebasket on a CR, we move beyond Alice in Wonderland and into Alice Through the Looking Glass territory. Once again, look for curiously appropriate Lewis Carroll quotes in bold italics as we update you on the status of funding the federal government.  

With Congress yet again unable to finalize their spending plans before the September 30 fiscal year end, we’re saying Tick-tock. Your time is up. A temporary funding measure is being cooked up. While critical for keeping the lights on (literally for many federal agencies), CRs are bad for taxpayers and for federal agencies. And while it may seem inevitable, it’s not. I learned that I may not be able to change history, but I can learn from it. 

It’s important to note that the unwillingness of Congress to fund the government on time without drama is not one-sided. The last time all spending bills were completed on time was 1997, and the last time they were done on time and passed individually – “regular order” although it isn’t so regular anymore – was 1994. And contrary to popular misapprehension, this has happened when both Democrats and Republicans controlled all the levers of government and when there was a split in power. Since 1998 there have been 128 CRs ranging in length from one day (numerous times in 2001) to 365 (2013). And the alternative to a CR is a government shutdown. This is a bipartisan affliction that needs a bipartisan solution.  

As we noted a few weeks ago, CRs are not harmless to the workings of government. Agencies are frozen in time by a CR – no new programs may start. No cancelled programs can actually be cancelled. People who quit or retire can’t be replaced. Travel and planning are suspended. The federal government is like a beetle preserved in amber for the duration of the CR. There are matters which might benefit from your attention. Friends cannot be neglected. 

A CR is not a 100 percent rubber stamp of last year’s spending, as some “anomalies” are recommended to Congress by the Office of Management and Budget (OMB), but not all the adjustments that are needed are likely to be approved. Having CRs through December, as is currently proposed, or even into the new year means you’re a third or halfway through the fiscal year before an administration can affect its new budget, with its new priorities. This equals inefficiency and waste. Hurry up! Time is money. Time and tide wait for no man. 

Congress needs to do their job and get back to regular order. We recognize that this may be asking for the impossible. Why, sometimes I’ve believed as many as six impossible things before breakfast. No, seriously, with the end of the fiscal year looming in one week, we’ll admit that regular order is not going to happen for Fiscal Year 2023 (FY23), but we’ll remain hopeful for the future. The only way to achieve the impossible is to believe it is possible. 

Another problem with CRs is they are “must pass” legislation, and everyone knows it. And nothing attracts bad ideas and extraneous provisions like a bill that simply has to become law. Whether it’s a bill to fundamentally change the federal criminal justice system, repeated reauthorizations of the National Flood Insurance Program, or the inclusion of “emergency” spending on natural disasters, CRs are routinely used to enact legislation that deserves greater scrutiny. And it’s likely to happen again. For instance, we’ve been bracing ourselves for a major hike in Pentagon spending to attract the votes of Republicans and some pro-defense Democrats. An overhaul of permitting regulations is also trying to catch a ride this time. The upshot is that, rather than being a tightly written bill to keep the lights on, they become multi-headed beasts with a little somethin’ for everyone. Do you promise to be concise? We don’t believe you.  

We still haven’t seen drafts of a CR or an emergency supplemental bill that is supposed to meet unexpected needs for COVID relief, Monkeypox, aid for Puerto Rico, more arms for Ukraine, etc., etc. Word on the street is that it will be coming “soon”. I’ve always wondered when soon is. 

In particular, COVID relief has been complicated by President Biden recently declaring the pandemic is over. And Congress has some grander ideas for Ukraine aid than the administration does. But, tickety-tock, an emergency is an emergency, right? It will be a race against Time. He is not someone you want as your enemy. 

You cannot change the past. But Congressional foot dragging has yet again brought us to Shutdown/CR/Omnibus season. Congress needs to resolve to do better. Taxpayers and government agencies certainly deserve better. 

 

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