U.S Army Spc. Breyana Semans, a military police officer with the 46th Military Police Company, Michigan National Guard, secures an area near the U.S. Capitol in Washington, March 1, 2021. (U.S. Army National Guard photo by Sgt. 1st Class R.J. Lannom Jr.)
Some logjams in Congress have been broken, but others stubbornly remain. In this op-ed AEI’s Elaine McCusker and John Ferrari warn that time is running out to solve critical problems of the US government’s own making. Here are six things lawmakers and policymakers need to do, ASAP.
As we approach the end of a year that has been congressionally chaotic and strategically dangerous, we find our nation in a precarious position.
Scarce funds and unrecoverable time are being deliberately wasted under continuing resolutions (CRs). War is raging in Europe and the Middle East, regions dubbed by multiple administrations as less important than strategic competition with China.
The US needs to take our own side in the fight against these challenges rather than seemingly, intentionally stumbling into the threat of global war: one that we could very well be unprepared to win.
There are three things Congress needs to do before the end of 2023:
First, pass the conference agreement on the 2024 National Defense Authorization Act (NDAA), a piece of legislation with crucial authorities that enable our military to function.
Second, act on a bipartisan compromise in the works on Ukraine and Gaza war funding and border security. It is increasingly necessary that this supplemental funding is provided before currently available money runs out, which the Office of Management and Budget said would happen in the next few weeks.
Third, approve the extension of the Foreign Intelligence and Surveillance Act in order to avoid hobbling our intelligence agencies in the middle of two active wars.
If 2023 concludes with these three major challenges off the table, 2024 could start with a focus on strategic priorities and the military strength necessary to decrease the risk of a global war that nobody wants.
In turn, there are three key things that must happen as soon as Congress returns in January 2024:
First, complete and pass the 2024 appropriations bills prior to the expiration dates of the current CR on January 19 and February 2.
Second, eliminate the “sequester-like” provisions required by the Fiscal Responsibility Act (FRA).
Third, keep the government open and functioning at the start of the 2025 fiscal year on October 1.
Sounds simple. It won’t be, particularly during a national election year with the acrimonious divisions in the House and resulting difficulty in obtaining majority consensus. But it can be done. And, even better, without destructive and wasteful continuing resolutions or debilitating government shutdowns.
The damage to our national security resulting from governance by continuing resolution is cumulative, compounding and staggering. Starting in January, defense will lose an estimated $288 million per day in buying power, an increase of $69 million over the $219 million per day it is losing now. This estimate assumes absorption of the military pay raise, inflation adjustments, the cuts that will be required by the FRA, and emergency supplemental requirements for Ukraine, Gaza, Taiwan, and the southwest border. On top of that, time, which is a non-recoverable resource, is withering away due to program disruptions and delays and new start restrictions.
As the 2024 NDAA is likely to authorize DoD funding close to the previously approved FRA caps of $842 billion, and assuming sufficient supplemental funding is approved before the end of this calendar year, the appropriation should match this number. It is important to note that Congress needs to pass both the Defense and Veterans Affairs/Military Construction appropriations for DoD to get its soon-to-be-authorized funding.
Second, even once agreement is reached to finally move fiscal year 2024 appropriations, the sword of Damocles which in this case is the sequester-like cuts required by the FRA, remains. Since this provision of fiscal realignment was supposed to force Congress back into regular budget order and that has now failed, Congress should include language repealing these cuts, while keeping in place the agreed upon budget levels for both 2024 and 2025, both of which are too low for defense, but better than continued budget uncertainty.
Lastly, and perhaps the most important over the course of the next year, is the FY25 budget submission which is supposed to take place the first Monday in February. In the past few years, the administration has held back on this submission until after the previous budget was settled. This is not the strategy they should take this year. Instead, they should submit the 2025 budget on time in February and include in this submission a request for Congress to approve all of the permissions, funding realignments, and other anomalies that they need to start the fiscal year as part of the 2024 appropriation end game process.
This approach is not ideal, but it acknowledges up front that Congress probably will not complete its primary job of enacting appropriations on time and protects our national security from any political shenanigans just before an election.
What would this first-ever, administration-written quasi-continuing resolution look like? It would provide the Defense Department with funding aligned to the already agreed upon FRA. It would provide DoD with 10 percent reprogramming flexibility to move money around for items such as a pay raise. And it would cover all of the anomalies needed for new starts, including military construction programs and multi-year approvals.
Some might argue that Congress will not surrender this much power to DoD. But Congress has also indicated it wants regular order and to protect national security. It could negate this continuing resolution by passing the 2025 appropriations on time. In effect, this CR, approved as part of any 2024 compromise, would be the sword of Damocles hanging over Congress.
These six items, split between the end of this year and early next year are essential if we are to signal to the world that our military and security posture are secure and solid as we head into a vibrant election year.
Elaine McCusker is a senior fellow at the American Enterprise Institute. She is a former acting undersecretary of defense (comptroller). Retired US Army Maj. Gen. John Ferrari is a senior nonresident fellow at the American Enterprise Institute. Ferrari previously served as a director of program analysis and evaluation for the Army.
