CR Even a Worse Idea During a Pandemic.

• Author: Kupperman, Jonathan
• Position: NDIA Policy Points

Congress passed a continuing resolution to fund the federal government for the new fiscal year that began on Oct. 1. Although not a surprise--no Congress since 1997 has passed all 12 appropriations bills on time--an extended CR that spans into December and possibly into the next year, is problematic for the services, the warfighter and the defense industry.

This fiscal year 2021 extension funds the government at last year's level through Dec. 11, when a lame duck Congress will need to either pass full-year funding or further extend the continuing resolution.

Republicans wanted a CR through December to provide leverage to push priorities if they lose the White House and/or Senate, while Democrats preferred one through January so a potential administration change could work their priorities.

With Congress gridlocked on a follow-on COVID relief package, members felt pressured to quickly pass a continuing resolution keeping the government open, especially during a year in which the president, all House members and 35 Senate seats are up for election.

With a prohibition on new starts, no ability to shift resources to emergent priorities, and spending levels limited, this means at best inefficient spending and lost time. At worst, this impedes the defense industry's ability to support the warfighter with modernized equipment and advanced capabilities-threatening military technology advantages and readiness recovery efforts.

A CR also creates uncertainties many small businesses are not adequately prepared to endure, forcing some out of the defense industrial base and disincentivizing others to join. This is especially worrisome on top of a pandemic and the additional uncertainties brought on by the implementation of significant regulatory requirements associated with the Cybersecurity Maturity Model Certifications and the Section 889 ban on the "use" of certain Chinese entities' systems or components by federal contractors.

Unresolved budgets make it difficult for the defense industry to plan ahead and to collaborate with the federal government. Any burden on transparency and openness can directly affect national security, the economy and workforce development.

Recently, Naval Sea Systems Command Commander Vice Adm. Thomas Moore said the Navy has been "struggling with its industrial base to achieve on-time and on-budget maintenance availabilities," and that "part of this has to do with capacity: the yards do not have enough dry docks, and there's...