“Shutdown Threats and the Numbers Game” — an essay by author and IP attorney Timothy Trainer

March 17, 2025 — Another government shutdown threat hung over members of Congress to do something by the end of March 14: U.S. Congress faces looming funding deadline: What to know

Not only are government employees and those relying on government funding and services worried about the future of agencies, but Congress also wrestles with a budgetary funding deadline. Racing to act before funding deadlines has become a regular congressional exercise. As usual, a last-minute deal was struck to avert a shutdown.

Other than those who are paid to be part of the budget-making process, who else really looks at the legislation that provides the specific outlays of thousands, millions, and billions for different government offices and programs? No doubt, members of Congress who have pet projects look at the parts of the budget of greatest interest and relevance to their wants and needs. Congressional staffers who are responsible for portions of this mammoth piece of legislation look at relevant portions. Lobbyists who work on behalf of interested trade groups and companies look at relevant portions of the budget legislation.

The vast majority of us are not involved or interested in these details. The thought of cobbling this legislation together involves an army of people who are familiar with offices, agencies and departments, their sizes, missions and requirements to get their jobs done.

A glance at a sliver of one paragraph might cause a reader’s eyes to glaze over and render the reader mentally numb. Here’s 2019 text for funding Immigration and Customs Enforcement (ICE):

  • $7,542,153,000; of which $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $75,448,000 shall remain available until September 30, 2020; of which $1,500,000 is for paid apprenticeships for participants in the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; and of which not less than $4,273,857,000 shall be for enforcement, detention, and removal operations, including transportation of unaccompanied minor aliens, Text – H.J.Res.31 – 116th Congress (2019-2020): Consolidated Appropriations Act, 2019 | Congress.gov | Library of Congress

This portion of one paragraph deals with multiple ICE functions to combat child labor, intellectual property violations, the transport of unaccompanied minors and an apprenticeship program.

To put together the whole paragraph addressing ICE’s funding requirements involves a committee of people.  Not only do the drafters of our federal budget address big numbers in appropriating funds; they also delve into the issue of staffing numbers within government offices.

In the same 2019 budget document as noted above, there were several places where the document provides specific staffing instructions. One of these is found regarding the Office of Management and Budget where it states that “no less than three full-time equivalent senior staff positions shall be dedicated solely to the Office of the Intellectual Property Enforcement Coordinator.” The section addressing the Food Safety and Inspection Service included the following instruction:

“That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2019 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act.” It can be argued that there isn’t enough detail in the budget document. It can be argued that the amounts appropriated for any specific activity might not be the correct amount. One could argue that the staffing levels are too big or too small. Audits could be carried out to determine how to address some of these issues as to costs, expenses and staffing.

Audits, however, are not being conducted today.

We have a sledgehammer approach to cutting the federal government’s size and costs without regard to anything. The act of eliminating government offices, agencies and departments may fulfill the desires of those who relish the idea of smaller government and cost-savings, but the approach taken the past few weeks has nothing to do with governing. The current approach is employed without concern for the people that the officeholders took an oath to serve.