Regular Disorder
A phrase that gets thrown around a lot in Congress is “regular order.” Typically, this phrase is used in a context like “regrettably, it has been impossible to pass appropriations through regular order for many years.”
Theoretically, the House of Representatives and Senate are supposed to operate in a manner that builds consensus, with the best interests of the country in mind. Bipartisanship and crossing the aisle is expected to be the norm, not the exception, and Congress is expected to fund the next fiscal year on time. The power of the purse, the appropriations process, “to provide for the common Defense and general Welfare of the United States,” is literally the first duty given Congress in the Constitution, in Article 1, Section 8.
Unfortunately, Congress has not consistently functioned under regular order since the Seinfeld series finale. This has real consequences. There has not been a year without at least one continuing resolution (CR) in this millennium. In 2007, 2011, and 2013, Congress relied instead on inefficient and costly CRs for the entire year. And the problem is getting worse. According to a 2019 Congressional Research Service report, “All told, since 2010, DOD has spent 1,186 days—more than 39 months—operating under a CR, compared to 259 days—less than nine months—during the eight years preceding 2010.”[i]
Last week, at the end of September (and the end of Fiscal Year 2020), appropriations lapsed for an hour between the end of the fiscal year and the signing of a CR. We give credit to the House for passing ten of the twelve appropriations bills prior to the August recess this year. But the Senate did not act on any of them, and passed a continuing resolution through December 11, 2020, a bare handful of hours before the deadline. President Trump did not sign it until almost 1 AM on October 1st.
This piece was not inspired by that lapse. Rather, it was inspired by the fact that, in the weeks of partisan standoffs leading up to the passage of this continuing resolution, there was little chatter about the possibility of a government shutdown. In normal times, the possibility of a shutdown is a major story, and justifiably so. At this point, constant squabbling, partisan infighting, and band-aid like continuing resolutions have become the norm. That is the problem.
This is not supposed to be normal. Shutdowns, near-shutdowns, and endless continuing resolutions are not supposed to be normal. Congress is supposed to build consensus, make compromises, and ensure the government stays open, critical services are funded, and the military can plan for longer than weeks out. Instead, we have all become largely numb to the fact the appropriations process is not functioning properly. The concept of regular order has been so thoroughly violated for so long that we no longer even register its absence as strange.
We urge a return to regular order, and an end to the partisan mudwrestling that has taken its place. The government has responsibilities to the American people, given by the Constitution, and this sordid squabbling makes it needlessly difficult for the hardworking federal employees tasked with carrying out these responsibilities to function. For the good of the country, this abuse of regular order has to end.
The views reflected in this column are those of FMA and do not necessarily represent the views of FEDmanager. To learn more about the Federal Managers Association (FMA), visit their website: FedManagers.org.