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Lame Duck Sessions of Congress, 1935-2018 (74Th-115Th Congresses)

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Lame Duck Sessions of Congress, 1935-2018 (74Th-115Th Congresses) Lame Duck Sessions of Congress, 1935-2018 (74th-115th Congresses) Updated October 13, 2020 Congressional Research Service https://crsreports.congress.gov R45154 Lame Duck Sessions of Congress, 1935-2018 (74th-115th Congresses) Summary A “lame duck” session of Congress occurs whenever one Congress meets after its successor is elected but before the end of its own constitutional term. Under present conditions, any meeting of Congress between election day in November and the following January 3 is a lame duck session. Prior to 1933, when the Twentieth Amendment changed the dates of the congressional term, the last regular session of Congress was always a lame duck session. Today, however, the expression is primarily used for any portion of a regular session that falls after an election. Congress has held 22 lame duck sessions since the implementation of the Twentieth Amendment. From the first modern lame duck session in 1941 to 1998, the sessions occurred sporadically. Beginning in 2000, both houses of Congress have held a lame duck session following every election. In this report, the data presentation is separate for the sporadic period (76th-105th Congresses) and the consistent period (106th-present) in order to identify past and emerging trends. Lame duck sessions can occur in several ways. Either chamber or both chambers may (1) provide for an existing session to resume after a recess spanning the election; (2) continue meeting in intermittent, or pro forma, sessions during the period spanning the election; or (3) reconvene after an election pursuant to contingent authority granted to the leadership in a recess or adjournment resolution. Two other possibilities have not occurred: (4) Congress could set a statutory date for a new session to convene after the election, then adjourn its existing session sine die; and (5) while Congress is in recess or sine die adjournment, the President could call it into extraordinary session at a date after the election. During both the sporadic and the consistent periods, election breaks have usually begun by mid- October and spanned between one and two months. Congress has most often reconvened in mid- November and adjourned before Christmas so that the lame duck session lasted about a month. However, in five out the past six Congresses, lame duck sessions have continued into January, producing later adjournments, longer sessions, and more days convened in daily sessions. Lame duck sessions have been held for a variety of reasons. Their primary purpose is to complete action on legislation. However, they have also been used to prevent recess appointments and pocket vetoes, to consider motions of censure or impeachment, or to keep Congress assembled on a standby basis. In recent years, most lame duck sessions have focused on program authorizations, trade agreements, appropriations, and the budget. This report will be updated after any additional lame duck session occurs. Congressional Research Service Lame Duck Sessions of Congress, 1935-2018 (74th-115th Congresses) Contents Introduction ..................................................................................................................................... 1 Meaning of “Lame Duck” ......................................................................................................... 1 Lame Duck Sessions in the Modern Congress .......................................................................... 1 Lame Duck Sessions Before the Twentieth Amendment .......................................................... 2 How Lame Duck Sessions May Occur ............................................................................................ 2 Sine Die Adjournment and Its Effects ....................................................................................... 3 Recess of the Session ................................................................................................................ 3 Contingent Authority to Reconvene .......................................................................................... 3 Pro Forma Sessions .................................................................................................................. 4 Sessions Called by the President ............................................................................................... 5 Characteristics of Lame Duck Sessions, 1935-1998 ....................................................................... 6 Election Breaks ......................................................................................................................... 6 Length of Lame Duck Sessions ................................................................................................. 6 Days in Daily Sessions after Election ....................................................................................... 8 Characteristics of Lame Duck Sessions, 2000-present .................................................................... 9 Election Breaks ....................................................................................................................... 10 Length of Lame Duck Sessions ............................................................................................... 10 Days in Daily Sessions after Election ...................................................................................... 11 Comparing the Post-1935 Periods ................................................................................................. 12 Forms of Election Breaks ........................................................................................................ 12 Summaries of Lame Duck Sessions Since 1935 ........................................................................... 13 Tables Table 1. Lame Duck Sessions of Congress, 1935-1998 .................................................................. 7 Table 2. Length of Election Breaks and Lame Duck Sessions, 1935-1998 ..................................... 8 Table 3. Lame Duck Sessions of Congress, 2000-2018 .................................................................. 9 Table 4. Length of Election Breaks and Lame Duck Sessions, 2000-2018 .................................... 11 Table 5. Average Length of Breaks and Lame Duck Sessions and Days in Daily Sessions, 1935-2018................................................................................................................................... 12 Table 6. Forms of Election Breaks, 1935-2018 ............................................................................. 13 Table 7. Summary of Measures Approved in Lame Duck Sessions, 1935-2018 ........................... 25 Contacts Author Information ........................................................................................................................ 27 Congressional Research Service Lame Duck Sessions of Congress, 1935-2018 (74th-115th Congresses) Introduction A “lame duck” session of Congress is one that takes place after the election for the next Congress has been held but before the current Congress has reached the end of its constitutional term.1 Since 1935, the constitutional term of a Congress has begun on January 3 of each odd-numbered year and has ended on January 3 of the next odd-numbered year. As a result, any meeting of Congress that occurs between the congressional election in November of an even-numbered year and the following January 3 is a lame duck session. The significant characteristic of a lame duck session is that its participants are the sitting Members of the existing Congress, not those who will be entitled to sit in the new Congress. For the purposes of this study, a lame duck session commences on the first day of consecutive sessions following an election.2 It ends on the day of final sine die adjournment. Meaning of “Lame Duck” The expression “lame duck” was originally applied in 18th century Britain to bankrupt businessmen, who were considered “lame,” like a game bird injured by shot. By the 1830s, the usage had been extended to officeholders whose service already had a known termination date. In current American usage, for instance, a President is considered a “lame duck” after his successor has been elected and also whenever he is known not to be a candidate for reelection.3 Members of Congress in similar circumstances are also considered “lame ducks.” The expression may be applied to Members who are known not to be seeking reelection as well as to those who have been defeated. In particular, however, after an election of Congress, all the Members who did not gain reelection can be described as lame ducks until the term of the new Congress starts. When the previously sitting Congress, which includes these Members, meets after the election, this session is called a lame duck session.4 Lame Duck Sessions in the Modern Congress The possibility of a lame duck session of Congress in the modern sense began with the ratification of the Twentieth Amendment to the Constitution. Under this amendment, ratified in 1933, the terms of Members begin and end on January 3 of odd-numbered years. Congress convenes in a regular session on January 3 of each year unless it passes a law changing the date. Thus, the 74th Congress (1935-1937) was the first to begin its first session and the terms of its Members on the new date. Any meeting of Congress after a federal election day (in November of even-numbered years) but before the following January 3 is a lame duck session. This report examines only the lame duck sessions that have occurred
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