In a Lame Duck, "Deferred" Means Next Congress

In a lame duck, "deferred" is the polite word for "next Congress."

Politico reported on October 13 that Republicans have had to defer many of their legislative goals to the post-election session, and many in the party doubt they will get them done. When members return after the election, they will have twenty-four legislative days. The one thing that has to pass is government funding, which runs out December 11.

That deadline matters for more than appropriations. A continuing resolution keeps the government running at current levels. Because it must pass, Congress uses it as a vehicle for other expiring programs. The current resolution also extended surface transportation authority and the National Flood Insurance Program, and both lapse on December 11. So does the Environmental Protection Agency's fee authority under the Toxic Substances Control Act. A rider that blocks the Office of Management and Budget's proposed rewrite of federal grant rules expires the same day.

In a short session, everything that survives rides the must-pass bill. The easy version is a date change. Anything more, whether new text, a fix, or a carve-out, has to be drafted and worked through committee and appropriations staff before the bill reaches the floor.

That work does not happen in December. Members return the week after the election. The companies that get what they need out of this lame duck will be the ones whose language is already with the right staff when Congress comes back.

If your issue expires December 11, the question for your Washington team is not whether there will be a bill. It is whether your words are in it.