The period of time spanning from the close of national elections on November 3rd and ending on December 31st, is considered a very special time for the old and new Congress. It is a time for the institution to gather together and make key decisions which will impact policy and funding in the coming years. This short eight-week period is known in Washington as the “Lame Duck” session of Congress, but nothing could be farther from the truth. This session is definitely not “lame”, nor will move as slowly as a “duck”. Most believe that after the November election, the present Congress, composed of both returning and defeated members and their staffs, disappear and close their offices. While some do start to pack up, all members continue to have an impact and can vote on key legislation. Most observers of the U.S. Congress ignore the “end game” at the conclusion of a year and most often also ignore the last weeks of Congress’ two-year cycle. For the current Congress this will be Monday, January 4th, which will mark the shift from the 116th Congress to the new 117th Congress. However, for those who understand this complex process, the “Lame Duck” Congress is vitally important for the future. Here are some reasons to consider:
Funding the Government: The multi-trillion-dollar funding of the U.S. Government and all of the policies, programs, and procurement that this entails, is left to mid-December for a long-overdue Fiscal Year (FY) 2021 bill. The Fiscal Year began October 1, 2020, and true to the process, the detailed allocations were extended to December, based on agency funding at last year’s levels. This Lame Duck session is involved in determining final appropriations legislation, which is usually wrapped up into an Omnibus bill. This bill is thousands of pages long and incorporates all funding decisions that will last through September 30, 2021. Retiring and defeated members of Congress in both the House and Senate, especially those on the Appropriations (funding) committees, will make these decisions on provisions relating to millions of dollars in funding for projects, programs, and specific line items. The funding decisions to be made during this eight-week period will impact FY21 and FY22 for Coronavirus stimulus allocations (in many cases billions of dollars to agencies). As well as, final FY21 “Reports” language included in a final bill that traditionally carries directives and agency policies on how best to fund programs.
Consideration of Final Bills Delayed in the 2020 Elections: The end of a session of Congress such as this year will bring a host of final votes on bills that have been pending resolution during the 116th Congress. One example is the reauthorization of a host of key programs, such as the National Flood Insurance Program. Legislation in dozens of areas and committee jurisdictions miraculously move quickly to the House and Senate floors for passage and are sent along to the White House for Presidential signature.
Decisions on Congressional Leadership: The “old” Congress set to leave by start of the New Year will have considerable influence over the next Congressional leadership. This influence is not just in the committees and subcommittee chairmanships, but in the leadership itself. Many of the committees and subcommittees, where most of the work of Congress is done, have vacancies to fill within the Democratic and Republican party organizing groups during this period. While final votes by each party conference or caucus is left to the early part of the 117th Congress in January-February 2021, the races and battles for these positions are not only underway now, but decisions will be made usually during this Lame Duck session. Whoever is the new chairman or ranking minority member of a committee or subcommittee will determine key goals and positions well into the next two years.
The Lame Duck session retains the “old” and “new” members of Congress. As of the end of September, over 46 House members and 5 Senators are set to retire. To these figures are added members who will lose their elections on November 3rd. A turnover of 10-15 % in each of the 435 House and 100 Senate seats is a low figure to expect for 2020. Here are some considerations on actions during this short period:
Target new members of Congress who will be housed in a certain location that permits them to interview for top staff positions and to attend training sessions by each of the party officials. A newly elected member can be identified either before or right after the election and usually they will be accompanied by their campaign manager or close confidant. Engaging early with them, is a key. Some of the new 117th Congress members are already identified. For example, House members who have won primaries in districts that overwhelmingly elect that member’s party to office. There are also returning members who will not lose their elections this November. There is also a smaller group of House members (in the range of 40-50 members) in marginal or open seats. These are key members to follow for influence. New members can be encouraged to compete for various committee appointments by State Congressional leadership, as well as to introduce 2021 issues.
Influence old members with positions of power. Before they leave, members of Congress in the “Lame Duck” have votes and the ability to finalize programs and project priorities. Provided they have been influenced during this present Congress, final decisions that they can bring to bear will be undertaken during this end of session.
During this November-December period, it is most important not to forget the governmental process and the influence of departments and agencies going forward. The following are key items to consider:
All departments and agencies should have their “pass-backs” (last-minute requests for reconsideration) on FY 2022 programs by the Office of Management and Budget. A key date is at the end of November following the Thanksgiving holiday. This is usually a deadline for decisions on the next fiscal year budget that the White House will be presenting to Congress after the State of the Union in February 2021. However, this November 3rd “might” be a transitional period for a new Administration. In this case that budget will be dead on arrival as the new President will change these recommendations. Most influencers have been careful to create presentations and positions on the next year's budgets for their various programs and policies during 2020.
Transition Office: Should November 3rd bring a new Administration to Washington, the transition offices will be working very hard in those eight weeks to select Department and Agency officials (and top staff) for appointment after the swearing-in of the new President. Transition offices and I have been through many of these over many decades and understand how critical they are for influencers to make presentations to and target new government officials on key policies for the coming four years.
This coming November-December 2020 “Lame Duck” session can be fraught with exceptions to the typical transitional rules. For example, in 2018, there was an appropriations allocation that was signed into law by the President for the following year (FY2018, Public Law 115-141, signed March 23, 2018). This was almost six months after the start of the fiscal year. In the past, most of the fiscal Omnibus Public Laws were signed by the President in the period before Christmas in December for FY 2016, 2012, 2008; all transitional years. Despite these and other factors, those who are prepared for the rushed and critical decisions to be made in the eight weeks after the national elections will be successful. Are you prepared? The McKeon Group is!