Most observers of Congress and the Federal government ignore the short 60-day period in November and December that follows our National Elections. They view this time as unproductive or unimportant in the legislative and policy business of the Capitol. This could not be further from the truth. Those who establish a plan for influence in this sixty-day period are indeed ahead of the game for the next two years of the 117th Congress, from January 3, 2021 to January 3, 2023. Regardless of the election results, from President to state legislator and all positions in between, those that serve in this 116th Congress have been planning the transitional period for months ahead of time. There are actions to be undertaken and targets for influence to be initiated in the last 60 days of the year in the US Congress. These actions are separate from events deciding the Presidential race and are critical to the resolution of pending legislation. Procedures for organizing the next Congress are already underway, and influential Members in both the House and Senate are concluding their leadership roles and other positions that will decide policy for the next two years.
House and Senate Members who will retire, or those who have lost their 2020 election bids, are returning to the Nation’s Capital seeking to, one last time, influence outcomes and votes on legislation. Most consider these elected officials as inconsequential to the “end game”. However, both the “old” 116th Congress Members and the “newly” elected 117th Congressional House and Senate Members, mix and mingle during this 60-day period. A list of action items for each is as follows:
For the retiring Members and their top staffs:
· The Members have a vote and can influence outcomes of key bills still pending resolution.
· The more senior Members, Chairs of Committees and Subcommittees, have not left and can make decisions through this period.
· Some Members and their top staff will have new positions of influence in the private sector or in other venues, which can prove valuable.
For newly arriving Members and their top campaign staff:
· Learning the procedures and process is at its height for developing relationships and potential influence.
· Lobbying House and Senate leadership for Committee assignments is a key action item.
· Many Committees introduce new Members to returning Members and industry representatives.
Included in this mix of old and new, are returning House and Senate Members that will transition into the next 117th Congress. These include Members who have been re-elected or whose seat in the Senate is not up until 2022 or 2024. In these cases, most of the Members are focused on leadership positions that have been created by a new majority or retirements in Committees and Subcommittees. All too often those influencers who have targeted the potential “candidate” for these leadership positions in both parties are way ahead of the game in presenting their positions and client interests for 2021-23, andlook to support one or more of these new leaders in their hunt for votes. In some cases, the leadership will determine the focus of the policies and legislation for the next two years, as well as the priorities within a Committee to consider key legislative goals during this period. Most of the positions in this category have been “open” for some time and the top contenders have been lobbying their colleagues and influencers in 2020. For example, in this 2020 cycle, the following selected Chairs had long ago announced retirements leaving open decisions by their party “elders’ for the 60-day “end game” period:
· Chairman of the Senate Agriculture Committee (with its key Farm Bill reauthorization in the 117th Congress).
· Chairman of the Senate Health, Education, Labor and Pensions Committee (with its pending health and Higher education reauthorization for the 117th Congress).
· Chair of the House Appropriations Committee (with its major decisions for Fiscal Year (FY) 2022 as well as a $2T Federal Budget and potential FY2021 supplementals and Stimulus funding).
· Chairman of the House Foreign Relations Committee
None of these Chairs include the many Subcommittee changes in both House and Senate, as well as Ranking Minority Member jockeying that will be decided in the 60-day period. Having access and support by a new Chairman and their top Majority Staff Director, or Minority Ranking Member and their staff, is a plus for securing support during the 1st Session of the 117th Congress.
The US Senate is scheduled to reconvene after the election (Nov.3rd) on Monday, November 9th until the 13th (with one day off, Nov 11th Veterans Day. The House is scheduled to reconvene November 16th through November 20th, and these two weeks are the maximum influence targets for November. This includes a similar two-week period in December for the House (December 1-11th) and the Senate (Dec.14-18th). These schedules, however, are very flexible this year, as the Fiscal Year 2021 Continuing Resolution funding the entire government runs out midnight Friday, December 11th. In past years this “CR” has been extended and might still be until December 18th or even up to Christmas Eve! Since the “old” Congress will be working and still in place voting until the end of the year, “possibilities” for legislative influence are at their greatest point for the entire Congress. For example, the following are options to move positions and policies during this period:
· If your bill is somewhat noncontroversial and bipartisan, a great option in the House is to bring it with leadership approval for a “suspension” calendar to pass without a vote. The same might be true in the Senate utilizing a “UC” Unanimous Consent motion.
· Attach your provision as an amendment to a much larger bill. I have often secured a small provision, either funding or policy, to a huge 3,000-page bill that needed to pass at the “end game” and was sent to the White House to be signed into law.
· If you want to delay or defeat a bill that is contrary to your goal, it is much easier in the 60-day period to do so by threatening to “hold up” other bills in procedural tactics, with supporters in either body. There is little time to maneuver and the bill will die if not passed by the end of this Congress, forcing it to be introduced all over again in 2021-2022.
· One can urge passage of provisions in a House-Senate Conference Committee that is convened to decide the fate of pending bills. These are very much in vogue during this 60-day period. Conference Committees final decision usually is not amendable and passes quickly to the White House.
The “end game” of these 60-days has other attributes, aside from the Thanksgiving and Christmas holiday season. It permits influencers to reach out to new Members of the House and Senate, as well as their top staff, to establish a relationship and a working ability for the next Congress and years beyond. This is contingent on their 2022 re-election potential, as well as Committee assignments. All new House Members have orientation sessions and each party during this period provides a “retreat” for their newer Members on 2021 policies to review. While leadership controls these events, they are important avenues for influence. In addition, the following are also important to build a relationship.
· Fundraising and contributions to returning and new Members to “retire” campaign debt and start raising money for the 2022 races.
· Introduce new top staff to potential employees for their offices to interview and possibly hire (providing an avenue for influence).
· Coordinating a trade or professional association to present their views for the 117th Congress to the new Member, especially back in their District showing constituent connections.
Despite the short length of time, the next 60 days are critical in organizing what influence can be made to both present and future legislation, policy, and actions of the retiring 116th Congress and new 117th Congress. Are you ready for the “end game?” The McKeon Group is.