Shutdown Risk Weakens Congress and Hurts Americans

AFP senior fellow in fiscal policy Kurt Couchman submitted the following statement for the record for an Oversight Hearing – Potential DHS Shutdown Impacts of the Homeland Security Appropriations Subcommittee of the U.S. House of Representatives.

Shutdown Risk Weakens Congress and Hurts Americans

Statement for the Record

Kurt Couchman, Senior Fellow in Fiscal Policy, Americans for Prosperity

Oversight Hearing – Potential DHS Shutdown Impacts

Subcommittee on Homeland Security Appropriations, U.S. House of Representatives

February 11, 2026

Chairman Amodei, Ranking Member Cuellar, and members of the subcommittee:

Thank you for reviewing the potential impacts of a shutdown on activities funded through the Homeland Security Appropriations Act.

 Shutdown threats weaken representative government

The American people expect federal activities to continue without disruption. Hardworking taxpayers fund the government, and Congress owes it to them to avoid interruptions, especially for national security. What kind of organization slashes operations while the board works through conflicts?

Congress did not create shutdowns, but it bears their brunt. The Carter Administration narrowly re-interpreted an 1884 statute – the Anti-Deficiency Act – to conjure shutdowns into existence. Before that, Congress expected programs to continue across a gap to new funding legislation. Then came the executive branch power grab.

Shutdowns strengthen the executive branch and weaken Congress. Small group negotiations to head off or end shutdowns often include the administration but sideline potential contributions from the vast majority of members of Congress. The balance shifts from earned consensus in Congress toward voting for whatever a select few can hammer out, even if the deal bears little resemblance to what would have come from regular order.

Thinner support from members makes it harder to control spending as well. With little member buy-in, minimizing interest group complaints over funding levels becomes pivotal.

In addition, during an actual shutdown, the administration can choose which activities to continue and which employees to furlough. The Obama Administration, for example, even closed open-air parks and memorials to pressure Congress during the 2013 shutdown.

Contrary to some Internet rumors, shutdowns provide no savings. Spending catches up as soon as a shutdown ends. Moreover, the Government Employee Fair Treatment Act of 2019 guarantees back pay to all federal employees. Furloughed workers get paid to do nothing.

Meanwhile, Congress and agencies waste time and money planning for, and sometimes dealing with, shutdowns. The uncertainty interrupts workflow and degrades outcomes. Negotiating stop-gap continuing resolutions distracts from completing appropriations.

 Preventing shutdowns is good for Congress and the people

Fortunately, Congress can and should un-create shutdowns to refocus on the art of the possible. Pressure to fight and fantasies about leverage that does not exist would vanish.

The bipartisan, bicameral Prevent Government Shutdowns Act has two parts:

1. Automatic continuing appropriations for all programs during a lapse.
2. Members of Congress and the Office of Management and Budget would stay in DC and focus on appropriations as long as needed until appropriations are enacted.

The second part would make sure that appropriations get done every year. First proposed in 2019 and later refined, this innovation should alleviate concerns about finishing the job regularly.

That is in addition to the many reasons Congress has to update appropriations each year. The appropriations committees are already exceptional in seeking and including member priorities, yet fewer than one-third of senators and one-sixth of representatives serve on them directly.

Still, votes could be easier to earn with a few modest changes.

• A more open floor process could increase member buy-in. Adopted amendments naturally give their champions a greater stake. But just getting to say their piece, even if an amendment fails, is valuable to many members.
• Past open rules have unfortunately invited poison-pill amendments. The Rules Committee could, however, filter amendments in a bottom up, rule-of-law way so advocates must build support before getting to put their ideas before all members.
• In addition, including appropriations in the entire budget could help. Chairman Cole wrote in The Wall Street Journal that the budget is much more than the quarter of spending carried in annual appropriations bills. Getting all committees to manage their spending and revenue portfolios each year within a comprehensive congressional budget, as Blake Moore has proposed, would invest far more members in the success of the annual process.

 Conclusion: End shutdown chaos with resilient appropriations

Americans benefit from timely, regular appropriations. The risk of government shutdowns weakens Congress and hurts the American people.

Congress can do better. Congress must do better. Ending the ill-advised creation of and discretion around managing shutdowns would lead to a healthier, more bottom-up appropriations process. Other tools to strengthen Congress are worth considering as well.

Thank you for considering these views and for your service to the republic.