Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

April 6, 2018 – July 29, 2024 R45154

Lame Duck Sessions of Congress, 1935-2022
(74th-117th Congresses)
Updated July 29, 2024
Congressional Research Service
https://crsreports.congress.gov
R45154

Lame Duck Sessions of Congress, 1935-2022 (74th-117th 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 24 lame duck sessions since the implementation of the Twentieth Amendment.
From the first modern lame duck session in 1940 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 with Congress reconvening, usually, in mid-
November. Until the 110th Congress (2007-2008), Congress most often adjourned before
Christmas so that the lame duck session lasted about a month. Beginning in 2008, however, a new
pattern emerged with both the House and Senate most often adjourning in January. In seven of the
past eight Congresses, lame duck sessions have continued into the new year, 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
and appropriations legislation.

Congressional Research Service

Lame Duck Sessions of Congress, 1935-2022 (74th-117th 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 since the 74th Congress, not
those that, as explained in the following section, occurred regularly before that time. Through
2022, there have been 24 lame duck sessions. Between 1935 and 1998, lame duck sessions

1 This report follows and uses much of the information from an earlier report by Richard S. Beth. See CRS Report
RL33677, Lame Duck Sessions of Congress, 1935-2012 (74th-112th Congresses). For general information on much of
the technical terminology used in this report related to congressional sessions, see CRS Report R42977, Sessions,
Adjournments, and Recesses of Congress, by Valerie Heitshusen.
2 The resumption of consecutive daily sessions indicates that an election recess, period of conditional adjournment, or
series of election-spanning pro forma sessions has ended and Congress has returned to a regular schedule.
3 William Safire, Safire’s Political Dictionary (New York: Oxford University Press, 1993), pp. 378-379.
4 See Raymond W. Smock, “Lame Duck Session,” in Donald C. Bacon, Roger H. Davidson, and Morton Keller, eds.,
Encyclopedia of the United States Congress (New York: Simon & Schuster, 1995), vol. 3, pp. 1244-1245.
Congressional Research Service

1

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

occurred in 12 of 32 Congresses; in contrast, they have occurred in all 12 Congresses since the
106th (1999-2000). In order to present the differences between the two periods, this report
discusses data from the 20th and 21st centuries separately.
Lame Duck Sessions Before the Twentieth Amendment
The Constitution originally provided that the regular sessions of Congress begin annually on the
first Monday in December. Congress began and ended its term on March 4 of odd-numbered
years.5 Congressional elections were still generally held in November of even-numbered years.
Members of Congress were elected in an even-numbered November, but the term for the new
Congress did not begin until the following (odd-numbered) March. However, a new Congress
often did not convene its first session until the following December, 13 months after it was first
elected. This session of Congress typically continued until the summer of the following even-
numbered year. Congress would then adjourn until the next regular session prescribed by the
Constitution, beginning in the following even-numbered December. When this session convened,
however, the next Congress would already have been elected in the intervening even-numbered
November.
Under these arrangements, the last session of every Congress was always a lame duck session.6
One purpose of the Twentieth Amendment was to change the timing that caused every Congress
to hold its last session after an election.7
Sometimes a Congress would convene its first session as early as March, especially when a new
President was entering office. This became the first session of a Congress, and the odd-year
December session became its second session. The final session of the Congress, beginning in the
even-year December, was the third session. This final session, however, would still be a lame
duck session of the old Congress, because it would convene at a time when the new Congress had
already been elected in November but had not yet begun its term of office.
How Lame Duck Sessions May Occur
Under the Twentieth Amendment, lame duck sessions can still occur but only as a result of
specific actions undertaken either by the Congress already sitting or by the President. A lame
duck session may occur under the following circumstances: (1) by a previously enacted law
prescribing an additional session of Congress; (2) following a recess within a session but
spanning the election; (3) under authority granted to the leadership at the time of a contingent
adjournment or recess of the session; (4) by continuing to meet, perhaps in pro forma sessions,
throughout the period spanning the election; and (5) in response to a presidential proclamation
calling an extraordinary session.
Although some of these methods have been used rarely and others not at all, each helps to
illuminate the constitutional arrangements that make lame duck sessions possible and the

5 U.S. Congress, Senate, The Constitution of the United States: Analysis and Interpretation, prepared by Congressional
Research Service, 112th Cong., 2nd sess., S.Doc. 112-9 (Washington: GPO, 2016).
6 This session, beginning in the even-numbered December, could only last until the term of the sitting Congress expired
early in the following March, when the new Congress came into office. For this reason, it was colloquially known as
the “short session.”
7 See P. Orman Ray, “Lame-Duck Amendment,” in Stanley I. Kutler, ed., Dictionary of American History, 3rd ed. (New
York: Scribner, 2003), vol. 5, p. 24. For more information on the adoption of the Twentieth Amendment, see Alan P.
Grimes, Democracy and the Amendments to the Constitution (Lexington, MA: Lexington Books, D.C. Heath, 1978),
pp. 104-108.
Congressional Research Service

2

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

conditions in which they may operate. The following sections describe each method and indicate
its implications.
Sine Die Adjournment and Its Effects
Although the “lame duck sessions” that have occurred before and after 1935 are both “lame
duck” in the same sense, they are not “sessions” in the same sense. Formally, a session of
Congress ends when Congress adjourns sine die. In Latin, the phrase means “without day,” or
without a day designated to return; adjourning sine die closes the final day of a legislative
session.8 An adjournment sine die, therefore, means that Congress is not scheduled to meet again
until the day set by the Constitution (or by law) for its next session to convene.
The Constitution authorizes Congress to set its own adjournment date without the involvement of
the President, unless the two houses cannot agree.9 Congress therefore authorizes a sine die
adjournment by concurrent resolution. This form of measure requires adoption by both houses but
no action by the President.
When Congress adjourns sine die in an election year, it is not scheduled to meet again before the
term of the new Congress begins. Before the sine die adjournment, however, Congress could
provide by law that an additional session of the old Congress convenes on a date after the
election. Nevertheless, since 1935, Congress has never convened a lame duck session as a new,
third session of the old Congress.
Recess of the Session
When a Congress has decided to continue meeting after an election, its usual practice has been
not to adjourn sine die but simply to recess its existing session for a period spanning the election.
It can then reconvene at a date still within the constitutional term of the sitting Congress.
Congress authorizes a session recess in the same way it authorizes a sine die adjournment: by
adopting a concurrent resolution. The Constitution provides that “Neither House, during the
Session of Congress, shall, without the Consent of the other, adjourn for more than three days.”10
Thus, each chamber must consent to the adjournment of the other. Congress achieves this end
with concurrent resolutions, which require action by both houses.
Unlike a sine die adjournment, however, a recess of the session does not terminate the existing
session of Congress; instead, the previously existing session resumes. Nevertheless, the phrase
“lame duck session” has persisted as a way of referring to any post-election meeting of the old
Congress, even though it does not designate a distinct (i.e., third) session of Congress.
Contingent Authority to Reconvene
Lame duck sessions may also occur when the House or Senate leadership uses contingent
authority to reconvene the respective chambers “if the public interest shall require.” Since 1935, it
has become common for Congress to include contingent authority for the leadership to reconvene
the House and Senate in the concurrent resolutions providing for either a session recess or a sine
die adjournment.

8 In congressional usage, the phrase is pronounced “sign a dye.”
9 U.S. Const. art. I, §3.
10 U.S. Const. art. I, §5.
Congressional Research Service

3

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Congress may use this contingent authority as a means to return early from a recess spanning an
election. Any portion of the reconvened session that occurs after the election would be considered
a lame duck session. Since the Twentieth Amendment took effect, however, this course of action
has not been taken.
Congress may also use contingent authority to reconvene after a sine die adjournment. In this
case, the sine die character of the adjournment becomes definitive only if the leadership does not
exercise this authority by the time the next session of Congress is slated to convene. If the
authority is exercised, the existing session of the old Congress resumes, and the previous
adjournment turns out not to have been sine die. Any post-election portion of this continuation of
the previous session of Congress would be considered a lame duck session.
The Speaker of the House has twice used authority of this kind to reconvene the chamber in a
post-election continuation of a session that had previously been terminated by a conditional sine
die adjournment. These lame duck sessions of the House occurred in 1998 (105th Congress) and
2008 (110th Congress).11 No lame duck session of the Senate has been reconvened pursuant to
authority of this kind.
Pocket Vetoes and Contingent Authority to Reconvene
One reason why leadership might call Congress back is to avoid a “pocket veto.” The
Constitution provides that if the President vetoes a bill while Congress is in session, he must
return the vetoed bill to Congress so that Congress may attempt to override a veto. If the last
regular session of a Congress has adjourned sine die, however, the Congress that passed the bill
can no longer convene to override the veto, so the veto automatically becomes final. Under these
conditions, the Constitution empowers the President to prevent the bill from becoming law simply
by not returning it. This action is colloquially called a “pocket veto.” Contingent authority
reduces the possibility of a pocket veto, because it gives Congress the opportunity to reconvene to
override the veto.12
Pro Forma Sessions
Lame duck sessions can also occur if, instead of taking a recess, Congress simply continues to
meet throughout the period spanning the election. When Congress takes this course of action,
each house typically convenes only two days per week. Sessions held under these conditions are
often pro forma sessions, meaning that they are held only “for the sake of formality.” In this case,
the formality being satisfied is the constitutional prohibition against adjourning for more than
three days without consent from the other chamber.13 The Constitution does not require that
business takes place during these sessions but only that they occur.14
There is no formal definition of what constitutes a pro forma session, but the term is commonly
applied to any daily session of a chamber if (1) failure to hold the session would cause the
chamber to violate the constitutional prohibition against adjournments of more than three days,

11 “Notification of Reassembling of Congress,” proceedings in the House, Congressional Record, vol. 144 (December
17, 1998), p. 27770. See H.Con.Res. 353, 105th Cong., 112 Stat. 3699 at 3700. “Notification of Reassembly,”
proceedings in the House, Congressional Record, vol. 154 (December 9, 2008), p. H10859. See H.Con.Res. 440, 110th
Cong., agreed to October 3, 2008.
12 CRS Report R42977, Sessions, Adjournments, and Recesses of Congress, by Valerie Heitshusen; CRS Report
RS22188, Regular Vetoes and Pocket Vetoes: In Brief, by Meghan M. Stuessy.
13 See Walter Kravitz, Congressional Quarterly’s American Congressional Dictionary, 3rd ed. (Washington: CQ Press,
2001), p. 192.
14 For purposes of the three-day prohibition, Congress omits Sundays from the count.
Congressional Research Service

4

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

and (2) the chamber conducts no substantive business during the session. For ease of analysis,
however, this report treats as pro forma all and only daily sessions of a chamber that stand alone
with no session on the preceding day or the following day.15 Conversely, this report counts daily
sessions as part of the regular schedule if they are adjacent to at least one other day of session or
if they occur on the day of sine die adjournment.
During periods of extended pro forma sessions, Congress typically conducts little or no
substantive legislative activity. Thus, this report considers the pro forma sessions during the
election break separately from the lame duck session.
Pro Forma Sessions and Recess Appointments
Like contingent authority to reconvene, pro forma sessions can prevent pocket vetoes if they are
used to extend the period in which Congress is in session.16 The Senate may also use pro forma
sessions to avoid recess appointments within a session or after the session would otherwise
adjourn sine die. The Constitution provides, “The President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate, by granting Commissions which
shall expire at the End of their next Session.”17 However, if the Senate meets in pro forma
sessions during the period spanning an election, no recess occurs during which the President
might make such appointments. For this reason, pro forma sessions are also used to extend a lame
duck session until the next Congress convenes.
Sessions Called by the President
The Constitution authorizes one additional means for holding a lame duck session. “On
extraordinary occasions,” the President may call Congress into a special session.18 If this special
session occurs after a final sine die adjournment and before the term of the next Congress
commences, a new session of the existing Congress begins. However, such a special session has
not occurred since the ratification of the Twentieth Amendment.19
On the other hand, if the President calls Congress back during a recess of an existing session, the
existing session resumes. This course of events occurred in both 1947 and 1948, when President
Harry Truman called Congress back for an extraordinary session in the middle of a recess. These
extraordinary sessions called by President Truman did not constitute lame duck sessions, because
they both convened and recessed before the election for the following Congress.

15 A pro forma session stands alone; it has no session immediately preceding or following it. For example, any Tuesday
session that next follows a Thursday session, and is not followed by a Wednesday session, would be pro forma.
16 CRS Report R42977, Sessions, Adjournments, and Recesses of Congress, by Valerie Heitshusen; CRS Report
RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue.
17 U.S. Const. art. II, §2.
18 U.S. Const. art. II, §3.
19 In 1937 and 1939, President Franklin D. Roosevelt called Congress into special second sessions after the first session
adjourned, but these were not lame duck sessions, as they did not occur after an election. U.S. Congress, House,
Deschler’s Precedents of the United States House of Representatives, H.Doc. 94-661, 94th Cong., 2nd sess., vol. 1, by
Lewis Deschler, Parliamentarian of the House, 1928-1974 (Washington: GPO, 1977), ch. 1, §§2-3.
Congressional Research Service

5

link to page 10 link to page 18 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Characteristics of Lame Duck Sessions, 1935-1998
Lame duck sessions were used sporadically by Congress from 1935, when the Twentieth
Amendment became effective, to 1998, when just the House met following the election. During
this period, there were 12 lame duck sessions; see Table 1.
Lame duck sessions were frequent in the years surrounding World War II, occurring in six of the
eight Congresses (76th through 83rd) between 1940 and 1954. The next six lame duck sessions
were scattered between 1970 and 1998 (84th through 105th Congresses). On one occasion, in 1954,
only the Senate returned and only to consider the censure of Senator Joseph McCarthy. In 1998,
only the House returned, principally to consider the impeachment of President Bill Clinton.
Election Breaks
Election breaks preceding 20th century lame duck sessions began as early as August 7 (1948) and
as late as October 27 (1942). On average, election breaks lasted less than two months. The two
chambers most often used recesses, pro forma sessions, or a combination of both to span the
election break. On one occasion, however, the House reconvened following a contingent
adjournment sine die (1998).
Length of Lame Duck Sessions
Twentieth century lame duck sessions usually convened in mid- to late-November and adjourned
sine die before Christmas. They typically lasted about a month from the first day of consecutive
sessions after an election to a final sine die adjournment of Congress.
From 1935 through 1998, the longest of all lame duck sessions was the first (76th Congress). The
Senate remained in session between November 7, 1940, and January 3, 1941. Only one other
early lame duck session lasted more than 38 days: that of the 91st Congress (1970). The session
continued for 48 calendar days when the House and Senate considered spending measures and
major elements of President Nixon’s legislative program.
The shortest of all lame duck sessions was that of the 80th Congress (1948), when both houses
returned solely to close the session on December 31, 1948.20 In general, however, short lame duck
sessions have been held for special or limited purposes, including the two occasions on which
only one house returned. In 1994, when the 103rd Congress implemented the new General
Agreement on Tariffs and Trade, the Senate met for two days and the House met for one. In the
105th Congress (1998), the House alone returned for three days to address the impeachment of
President Clinton.

20 While it is unclear why the Republican majority party leadership decided to return for one day, rather than adjourn
sine die prior to the election, the contentious relationship with President Truman likely influenced the decision to keep
Congress in a standby status. See footnote 27.
Congressional Research Service

6

link to page 10 link to page 10 link to page 10 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Table 1. Lame Duck Sessions of Congress, 1935-1998
Year of
First Day of
Form of Break
Electio
Election
Spanning
n
Congress
Chamber
Breaka
Election
Lame Duck Sessionb
House
Oct. 11
Nov. 18, 1940-Jan. 2, 1941
1940
76
Pro forma
th
sessions
Senate
Oct. 16
Nov. 7, 1940-Jan. 3, 1941
House
Oct. 28
Pro forma
Nov. 9-Dec. 16, 1942
1942
77th
sessions
Senate
Oct. 25
Nov. 12-Dec. 16, 1942
House
Recess and pro
1944
78th
Sept. 22
forma sessions
Nov. 20-Dec. 19, 1944
Senate
House
Dec. 31, 1948
1948
80th
Aug. 8
Recess
Senate
(one day session)
House
Recess and pro
Nov. 30, 1950-Jan. 2, 1951
1950
81st
Sept. 24
forma sessions
Senate
Recess
Nov. 27, 1950-Jan. 2, 1951
Adjourned sine
House
1954
83rd
Aug. 21
die
—
Senate
Recess
Nov. 8-Dec. 2, 1954
House
1970
91st
Oct. 15
Recess
Nov. 16, 1970-Jan. 2, 1971
Senate
House
1974
93rd
Oct. 18
Recess
Nov. 18-Dec. 20, 1974
Senate
House
1980
96th
Oct. 3
Recess
Nov. 12-Dec. 16, 1980
Senate
House
Nov. 29-Dec. 21, 1982
1982
97th
Oct. 3
Recess
Senate
Nov. 29-Dec. 23, 1982
Nov. 29, 1994
House
1994
103rd
Oct. 9
Recess
(one day session)
Senate
Nov. 30-Dec. 1, 1994
House
Dec. 17-19, 1998c
1998
105th
Oct. 22
Adjourned sine
die
Senate
—
Sources: Journals of the House and Senate, Daily Digest of the Congressional Record, and Final Calendars of the
House and Senate.
Notes:
a. The first day of the election break is the day following the last day of consecutive sessions prior to the
election.
b. The first day of the lame duck session is the first day of consecutive sessions following the election. The last
day is the day of final sine die adjournment.
c. Reconvened pursuant to contingent authority granted to leadership in the adjournment resolution.
Congressional Research Service

7

link to page 11 link to page 11 link to page 11 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Days in Daily Sessions after Election
During the earlier period, almost every lame duck session contained pro forma sessions and
internal recesses, especially during the Thanksgiving and Christmas holidays. Thus, a long
session, in terms of calendar days between convening and adjourning, may not always indicate a
busy legislative session.
An alternative measure of session length is the number of days the House and Senate met in daily
sessions after the election. For this purpose, all daily sessions are counted between the election
day and the sine die adjournment whether the sessions are held on consecutive days or not. These
daily sessions may have been pro forma only, meaning they were short with no legislative
business conducted, or they may have been held with the expectation that at least one pending
issue would be addressed.
On average, the House convened in 16 daily sessions after the election. The Senate averaged 18
days. Table 2 displays the number of daily sessions following an election, as well as the calendar
length of the session and election break.
Table 2. Length of Election Breaks and Lame Duck Sessions, 1935-1998
Length in Calendar Days of
Length in Calendar Days and (Days of Daily

Break Spanning Electiona
Sessions) of Lame Duck Sessionb
Year of
Election
Congress
House
Senate
House
Senate
1940
76th
38
22
46 (20)
58 (21)
1942
77th
12
18
38 (20)
35 (21)
1944
78th
59
59
30 (24)
30 (24)
1948
80th
145
145
1 (1)
1 (1)
1950
81st
67
64
34 (22)
37 (24)
1954
83rd
—
79
—
25 (13)
1970
91st
32
32
48 (28)
48 (31)
1974
93rd
31
31
33 (18)
33 (22)
1980
96th
40
40
35 (20)
35 (23)
1982
97th
57
57
23 (19)
25 (20)
1994
103rd
51
52
1 (1)
2 (2)
1998
105th
56
—
3 (3)
—
Sources: Journal of the House and Senate, Daily Digest of the Congressional Record, and Final Calendars of the
House and Senate.
Notes:
a. Includes all calendar days between the last day of consecutive sessions before the election and the first day
of consecutive sessions after the election.
b. Includes all calendar days from the first day of consecutive sessions after the election through final sine die
adjournment and, respectively, the number of days the House and Senate met in daily sessions after the
election.
Congressional Research Service

8

link to page 12 link to page 13 link to page 13 link to page 13 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Characteristics of Lame Duck Sessions, 2000-present
Since 2000 (106th Congress), both the House and Senate have reconvened after every election;
see Table 3. While these consistent lame duck sessions have occurred under varied
circumstances, they have generally focused on spending provisions. In 10 of the 12 21st century
lame duck sessions, Congress passed regular appropriations bills or continuing resolutions to
maintain government funding.21
Table 3. Lame Duck Sessions of Congress, 2000-2022
First Day of
Form of Break
Year of
Election
Spanning
Election
Congress
Chamber
Breaka
Election
Lame Duck Sessionb
House
Nov. 4
Recess
Nov. 13-Dec. 15, 2000
2000
106th
Recess and pro
Senate
Nov. 3
forma sessions
Dec. 5-Dec. 15, 2000
House
Nov. 7-Nov. 22, 2002
2002
107th
Oct. 18
Pro forma
sessions
Senate
Nov. 7-Nov. 20, 2002
House
Oct. 10
2004
108th
Recess
Nov. 13-Dec. 9, 2004
Senate
Oct. 12
House
Recess and pro
2006
109th
Oct. 1
forma sessions
Nov. 13-Dec. 9, 2006
Senate
Adjournment
House
Oct. 4
sine diec
Nov. 19, 2008-Jan. 3, 2009
2008
110th
Pro forma
Senate
Oct. 8
sessions
Nov. 19, 2008-Jan. 2, 2009
House
Oct. 1
Recess
2010
111th
Nov. 15-Dec. 22, 2010
Senate
Sept. 30
Pro forma
sessions
House
Sept. 22
Nov. 13, 2012-Jan. 3, 2013
2012
112
Pro forma
th
sessions
Senate
Sept. 23
Nov. 13, 2012-Jan. 2, 2013
House
Sept. 20
Recess
Nov. 12, 2014-Jan. 2, 2015
2014
113th
Recess and one
Senate
Sept. 19
pro forma session
Nov. 12-Dec. 16, 2014
House
Sept. 29
Recess
2016
114th
Nov. 14, 2016-Jan. 3, 2017
Pro forma
Senate
Oct. 8
sessions
2018
115th
House
Sept. 29
Pro forma
Nov. 13, 2018-Jan. 3, 2019
sessions
Senate
Oct. 13
2020
116th
House
Oct. 3
Pro forma
Nov. 16, 2020-Jan. 3, 2021
sessions
Senate
Oct. 28
Nov. 9, 2020-Jan. 3, 2021

21 See CRS Report R46574, The Enactment of Appropriations Measures During Lame Duck Sessions, by Drew C.
Aherne.
Congressional Research Service

9

link to page 13 link to page 13 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

First Day of
Form of Break
Year of
Election
Spanning
Election
Congress
Chamber
Breaka
Election
Lame Duck Sessionb
2022
117th
House
Oct. 1
Pro forma
Nov. 14, 2022-Jan. 3, 2023
sessions
Senate
Sources: Journals of the House and Senate, Daily Digest of the Congressional Record, and Final Calendars of the
House and Senate.
Notes:
a. The first day of the election break is the day following the last day of consecutive sessions prior to the
election.
b. The first day of the lame duck session is the first day of consecutive sessions following the election. The last
day is the day of final sine die adjournment.
c. The Speaker of the House used contingent authority to reconvene the chamber after a conditional sine die
adjournment.
Election Breaks
In the period after 1998, the House and Senate have generally maintained election breaks of equal
or nearly equal length. In the past three out of four lame duck sessions, however, the Senate, prior
to the election, has remained in session later than the House, leading to shorter election breaks.
On average, the breaks lasted 39 days and began in early October. In seven of the last nine
Congresses, however, at least one house started its break in mid- or late September.
Before 2018, the chambers diverged on five occasions in their use of recesses or pro forma
sessions.22 The most significant difference occurred in 2008. That year, the House adjourned sine
die before returning to address the financial crisis, while the Senate continued to meet in pro
forma sessions during the election break.
The House and Senate have not agreed to a resolution of adjournment regarding an election break
since 2016. In subsequent sessions, both houses have spanned election breaks with pro forma
sessions.
The Senate has spanned its election breaks with pro forma sessions exclusively eight times,
extended its recess with pro forma sessions two times, and in 2014 interrupted its election break
recess with one pre-scheduled pro forma session. The Senate held one election-spanning recess
that included no additional pro forma sessions (2004). This pattern presents a marked change
from the early period, when the Senate used recesses alone before every lame duck session from
1948 through 1994.
In contrast, until the lame duck session of 2018, the House more often used recesses to span
election breaks. On five occasions, it held an election recess with no additional pro forma
sessions, and it held one recess that was extended with pro forma sessions. The House used pro
forma sessions exclusively five times to span its break, and as previously mentioned, in 2008, the
House adjourned sine die before the election but reconvened in November.

22 In 2000 and 2014, both the House and Senate recessed. However, the Senate extended or interrupted its recess with
pro forma sessions, while the House did not.
Congressional Research Service

10

link to page 14 link to page 15 link to page 15 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Length of Lame Duck Sessions
During the period in which Congress has consistently held lame duck sessions, they have
generally begun in mid-November, or about a week following the election. The average date the
House and Senate adjourned sine die was December 23 and December 21, respectively. In seven
of the past eight Congresses, however, at least one house adjourned on January 2 or 3, and the
House and Senate have not agreed to a resolution of sine die adjournment of a Congress since
2014.
As with election breaks, the House and Senate, since 2000, have usually held lame duck sessions
of similar length in calendar days; see Table 4.23 On average, in the House, lame duck sessions
have spanned 42 calendar days; in the Senate, 38. In comparison to the earlier period, both houses
have increased the average length of their lame duck sessions. The eight most recent lame duck
sessions, in particular, indicate a trend toward greater length.
Table 4. Length of Election Breaks and Lame Duck Sessions, 2000-2022
Length in Calendar Days
of Break Spanning
Length in Calendar Days and (Days of Daily

Electiona
Sessions) of Lame Duck Sessionb
Year of
Election
Congress
House
Senate
House
Senate
2000
106th
9
32
33 (11)
11 (8)
2002
107th
20
20
16 (8)
14 (9)
2004
108th
37
35
22 (8)
23 (9)
2006
109th
43
43
27 (9)
27 (11)
2008
110th
46
42
46 (5)
45 (22)
2010
111th
45
46
38 (19)
38 (29)
2012
112th
52
51
52 (28)
51 (30)
2014
113th
53
54
52 (18)
35 (18)
2016
114th
46
37
51 (23)
51 (25)
2018
115th
45
31
52 (26)
52 (29)
2020
116th
44
12
49 (26)
56 (34)c
2022
117th
44
44
51(27)
51(27)
Sources: Journals of the House and Senate, Daily Digest of the Congressional Record, and Final Calendars of the
House and Senate.
Notes:

23 In nine of the 12 post-1998 lame duck sessions, the two chambers held sessions that differed by no more than two
calendar days in length. The exceptions—2000, 2014, and 2020—featured gaps of 22, 17, and 7 days, respectively. In
2000 (106th Congress), the House returned earlier than the Senate did from its election recess and held a 33-day lame
duck session, while the Senate adjourned its lame duck session after only 11 days. However, the House spent much of
that time in a second recess. In 2014 (113th Congress), the House and Senate both returned from the election recess on
November 12. The House remained in session for 52 days until January 2, and the Senate remained in session for 35
days until December 16. For both houses, though, December 16 was the last day in which business was transacted. In
2020, the Senate returned from its election break one week earlier than the House did and conducted legislative
business during the first three weeks of December through Sunday, December 20.
Congressional Research Service

11

link to page 16 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

a. Includes all calendar days between the last day of consecutive sessions before the election and the first day
of consecutive sessions after the election.
b. Includes all calendar days from the first day of consecutive sessions after the election through final sine die
adjournment, as well as number of days the House and Senate met in daily sessions after the election.
c. In 2020, one Senate legislative day spanned two calendar days. The number displayed indicates calendar days
the Senate was in session, not legislative days.
Days in Daily Sessions after Election
As in the earlier period, the number of days the House and Senate are actually in session is likely
to be a more meaningful indicator of legislative activity than the calendar length of the lame duck
session, even when the days of daily session include pro forma meetings. During the period of
consistent lame duck session, the House convened in daily sessions for an average of 17 days; the
Senate, 21 days.
The four lame duck sessions beginning in 2000 featured few days in daily sessions. The House
and Senate convened for an average of nine days. In contrast, the eight most recent lame duck
sessions have convened on an average of 22 days in the House and 27 days in the Senate. In
2008, the Senate held frequent pro forma sessions in order to avoid recesses or adjournments and,
thus, limit the opportunity for President George W. Bush to make recess appointments. Since the
2010 lame duck session, the duration of lame duck sessions in both chambers can be attributed, in
part, to the need to negotiate spending or revenue legislation.
Comparing the Post-1935 Periods
Comparing the two time periods reveals both similarities and differences between the 20th and
21st century lame duck sessions. Table 5 displays data on average calendar length of election
breaks and lame duck sessions and number of days spent in post-election daily sessions.
Since 2000, the length of election breaks, on average, has declined in both chambers. The
difference in election breaks is due, in part, to the 1948 session, which featured a notably long
election break of 145 days. When that year is omitted, it is still clear that the average election
break has become shorter, but the difference is less striking. In the House and Senate, the average
election break declined by 13 and 17 days, respectively, in the post-1998 period (four and 8 days
when omitting 1948).
At the same time, the House has extended the calendar length of its lame duck sessions by an
average of 16 days (13 days when omitting 1948). The average length of the Senate’s lame duck
sessions has extended an average of eight days (five days when omitting 1948).
The table’s “Days in Daily Session” column displays the average number of days that the House
and Senate met in daily sessions following elections. On average, the House and Senate showed
little change between the two periods; the increase in House lame duck session length, then, did
not mean an increase in post-election meetings.
In both chambers, however, lame duck sessions have adjourned later since the 2008 session. In
seven of the past eight election years, the House or Senate adjourned in January. During this
entire period, the two chambers have held longer lame duck sessions and more days in daily
sessions.
Congressional Research Service

12

link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Table 5. Average Length of Breaks and Lame Duck Sessions and Days in Daily
Sessions, 1935-2022
Length of Election Breaka
Length of Lame Ducka
Days in Daily Sessionsb
Period
House
Senate
House
Senate
House
Senate
20th century
53
54
27
30
16
18
21st century
40
37
42
38
17
21
21st century
47
40
49
47
22
27
(2008-2022)
Sources: Journals of the House and Senate, Daily Digest of the Congressional Record, and Final Calendars of the
House and Senate.
Notes: Averages omit years in which the chamber did not return for a lame duck session.
a. Length of break and lame duck sessions are measured in calendar days.
b. Days of daily session each chamber met during the lame duck session, including pro forma meetings.
Forms of Election Breaks
The forms of election breaks are summarized in Table 6. Between the two periods, the House’s
use of recesses, pro forma sessions, and contingent sine die adjournments did not change to a
significant extent. The Senate, however, has increased its use of pro forma sessions and decreased
its use of recesses to span elections.
From 1935 to 1998, the Senate recessed exclusively (i.e., the recess was not extended or
interrupted by pro forma sessions) before eight out of its 11 lame duck sessions. Since 2000, the
Senate has used this approach before one of 12 lame duck sessions. Correspondently, the
exclusive use of pro forma sessions has increased to 67% of election breaks from a previous rate
of 18%. On three occasions, the Senate used a combination of recess and pro forma sessions,
increasing its proportion from 9% to 25%. The only post-1998 session that did not feature any pro
forma sessions occurred in 2004, a year when both the Senate and President represented the same
party, reducing Senate concerns about recess appointments.
Table 6. Forms of Election Breaks, 1935-2022
House
Senate
contingent
contingent
Period
recess pro forma
botha
sine die
recess pro forma
both
sine die
20th century 6 (55%)
2 (18%)
2 (18%)
1 (9%)
8 (73%)
2 (18%)
1 (9%)
0
21st century 5 (42%)
5 (42%)
1 (8%)
1 (8%)
1 (8%)
8 (67%)
3 (25%)
0
Sources: Journals of the House and Senate, Daily Digest of the Congressional Record, and Final Calendars of the
House and Senate.
Note:
a. The column “both” denotes those occurrences when pro forma sessions were used to extend or interrupt a
recess.
Congressional Research Service

13

link to page 31 link to page 31 Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Summaries of Lame Duck Sessions Since 1935
The 24 lame duck sessions occurring since the 74th Congress are summarized below. When lame
duck sessions occurred sporadically (1935-1998), Congress most often used the post-election
meetings to address specific, urgent concerns (Table 7). Several lame duck sessions focused on
war or military concerns (1940, 1942, 1944, and 1950). Other issues included the censure of
Senator Joseph McCarthy, the approval of Nelson Rockefeller’s nomination for Vice President,
and the impeachment of President Bill Clinton. In the more recent years (2000-2022), however,
the lame duck sessions have been more likely to focus on government funding and more general
legislative concerns (Table 7).24
76th Congress, 3rd Session (1940-1941)
After the first session of the 76th Congress adjourned in August 1939, President Franklin D.
Roosevelt called Congress into extraordinary session in September to address the threat of war in
Europe, and this session lasted into November. Thus, the annual session that began on January 3,
1940, was the third session of the 76th Congress. It, too, was dominated by the international
situation. The President requested the largest peacetime defense program to that point in
American history, and by the end of the summer, Congress had enacted $13 billion in defense
authorizations and appropriations, a military draft, income tax revisions, an excess profits tax, and
related measures.
In June and July and again in September 1940, the President suggested that Congress adjourn.
Some congressional leaders, however, held that Congress should “stand by” in session in case of
emergency. Congress met regularly through mid-October and then limited itself to two or three
meetings per week until January 3, 1941; there was no extended recess for the November 1940
elections. Thus, the session became the longest in history to that point.
During the lame duck period that followed the election, little was undertaken; the Congressional
Record from November 4, 1940, through January 3, 1941, covers fewer than 500 pages, and
quorums were often difficult to raise. The Administration declined to send major new proposals
(such as a defense production board, aid to Britain, new taxes, and an increase in the debt limit) to
Capitol Hill until the 77th Congress convened in January. Work was impeded also because both
the House and Senate had to meet in substitute quarters while their chambers in the Capitol
underwent repairs. However, Congress did sustain the veto of a measure to limit regulatory
agency powers as well as publish a committee report on sabotage of the defense effort.
77th Congress, 2nd Session (1942)
In the wartime year of 1942, Congress again remained in session continuously through the
election, adjourning sine die on December 16. Congress generally followed a regular schedule of
daily meetings throughout the period except near the election, when it met every third day.
After an election that narrowed the Democratic majority, Congress declined action on a war
powers bill and a bill to expand the Reconstruction Finance Corporation.25 Other questions left to

24 The lame duck session descriptions are based on primary sources, including the Congressional Record and
Congressional Directory, and secondary sources, including the Congressional Quarterly Weekly Report, CQ Almanac,
and, for the earlier years, the New York Times. Online sources were also used.
25 The war powers legislation related to the conduct of World War II and has no connection with the War Powers
Resolution (P.L. 93-148, 87 Stat. 555, 50 U.S.C. §1541-1548) enacted in 1973 to regulate commitments of U.S. Armed
Forces abroad.
Congressional Research Service

14

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

the next Congress included comprehensive national service legislation, placing a ceiling on net
personal income through the tax code, curbing the powers of regulatory agencies, and planning
for censorship of communications with U.S. territories. A measure to abolish poll taxes passed the
House but came to no resolution because of a filibuster in the Senate.
Congress did pass legislation to adjust overtime pay for government workers and to provide for
the military draft of 18- and 19-year-old men (although Congress deferred deciding whether to
require a full year’s training before sending them into combat).
By mid-December, quorums became difficult to obtain, and leaders of both parties agreed that
nothing further could be brought up before the start of the 78th Congress in January 1943.
78th Congress, 2nd Session (1944)
Two years later, with World War II still in progress, Congress recessed for the national party
conventions and recessed again for the elections. The latter recess began on September 21, 1944.
Congress returned on November 14 and remained in session until December 19. Accordingly,
1944 marks the first instance after ratification of the Twentieth Amendment of a separate and
distinct meeting of Congress during its lame duck period.
Among the issues facing the post-election session were questions of peacetime universal military
training, extension of the War Powers Act26 and the reciprocal trade system, a scheduled increase
in Social Security taxes, and a rivers and harbors appropriations bill. Congress also debated
congressional reform issues, including restructuring the committee system and increasing
congressional pay. Postwar reconstruction and a renewal of domestic programs were also
mentioned as possible subjects for action.
Ultimately, Congress deferred several issues until the start of the 79th Congress, including
universal military training, the Bretton Woods monetary agreements, the Reciprocal Trade Act,
and changes to the Social Security system. Action on several other measures could not be
completed, including a rivers and harbors bill, a Senate-passed bill making major changes in
congressional procedures, and a pay increase for postal workers. A bill delaying the Social
Security tax increase was enacted, however, as were a renewal of the War Powers Act and a bill
increasing the congressional clerk-hire allowance. In addition, the Senate confirmed the
nomination of Edward R. Stettinius Jr. as Secretary of State.
80th Congress, 2nd Session (1948)
Congress recessed in June 1948, before the national party conventions, with the intention of
returning only on December 31 to bring the 80th Congress to a formal conclusion. During the
convention recess, however, President Harry Truman called Congress back in extraordinary
session to deal with a series of legislative priorities he considered urgent.27 Since the reconvening
occurred before the election, it did not produce a lame duck session.

26 Like the measure referred to in the previous note, this legislation related to the conduct of World War II and has no
connection with the contemporary War Powers Resolution.
27 According to some political observers, the President called Congress into special session for political, not policy,
reasons. Steve Neal, ed., HST: Memories of the Truman Years (Carbondale, IL: Southern Illinois University Press,
2003), pp. 209-229. The special session was nicknamed the “Turnip Day Session” since President Truman, a Missouri
native, called Congress into session the day Missouri farmers traditionally sowed their turnips. William L. Batt Jr.,
“Origin of the 1948 Turnip Day Session of Congress,” Presidential Studies Quarterly, vol. 29, no. 1 (March 1999), pp.
80-83.
Congressional Research Service

15

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Congress met pursuant to the President’s call from July 27 to August 7 but then recessed again
under the same terms as before. While the adjournment resolution enabled the majority leadership
to reconvene Congress early, if necessary, Congress met again only on December 31.28 This
session, the shortest lame duck session under the Twentieth Amendment, met for just under an
hour and a half, then adjourned sine die.
During the brief session, both chambers approved a measure extending for 60 days the life of the
Commission on Organization of the Executive Branch of Government (the Hoover Commission).
The Senate also extended for 30 days the life of the Special Small Business Committee, and both
houses swore in new Members elected or appointed to full unexpired terms.
81st Congress, 2nd Session (1950-1951)
With the Korean War at a critical juncture in fall 1950, congressional leaders announced in late
September that after the election Congress would reconvene in late November. Until November,
Congress would be available to meet should the President call an emergency session. Congress
recessed on September 23 and convened for the lame duck session on November 27.
As the lame duck session met, Chinese troops crossed into Korea, and General Douglas
MacArthur warned Congress that the United Nations faced “an entirely new” war in the region.
The Korean War and the possible use of atomic weapons dominated congressional attention
through the session. Nevertheless, President Truman presented congressional leaders with a list of
18 proposals, including five he described as of “greatest urgency.” The five included several
measures favored by congressional leaders: aid to Yugoslavia and supplemental appropriations for
defense and atomic energy. The President also asked Congress to act on an excess profits tax, an
extension of federal rent controls, and statehood for Hawaii and Alaska.29
Congress stayed in session through the New Year. It approved the rent control extension and a
$38 million famine relief bill for Yugoslavia. In the week before the Christmas holidays, it
completed work on an $18 billion defense supplemental appropriations bill, the excess profits tax,
and a civil defense program.
Efforts to obtain votes on statehood for Alaska and Hawaii were abandoned after a week of
intermittent Senate debate. The 81st Congress adjourned sine die on January 2, 1951, and the 82nd
Congress convened the next day.
83rd Congress, 2nd Session (1954)
The 1954 lame duck session marked the first time only one chamber returned to session after an
election since the ratification of the Twentieth Amendment. That year, the House adjourned sine
die on August 20, while the Senate recessed on that date and then reconvened on November 8.
The Senate returned solely to consider the censure of Senator Joseph McCarthy for improprieties

28 Both the adjournment resolution in June and August gave the majority leaders the power to reconvene Congress
“whenever, in their opinion, the public interest shall warrant it.” Senate Journal, 80th Cong., 2nd session (June 18,
1948), p. 577. This provision, which gave power to the majority without minority party consultation, sparked criticism
in debate. However, no debate explained why Congress needed to reconvene on December 31. The 80th Congress, led
by Republicans, was often at odds with the Democratic President Truman, and the conflict increased in the months
before the presidential election in November 1948. Had the Republican leaders adjourned sine die prior to the election,
with no ability to reconvene early, they would have faced a greater chance of pocket vetoes or recess appointments. See
Susan M. Hartmann, Truman and the 80th Congress (Columbia, MO: University of Missouri Press, 1971).
29 “Congress Returns, Faces ‘New War,’” Congressional Quarterly Weekly Report, vol. 8, December 1, 1950, p. 1305.
Congressional Research Service

16

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

committed in the course of his five-year inquiry into alleged communist influence in the federal
government.
The Senate select committee charged with investigating the McCarthy case submitted its censure
resolution on November 9. The full Senate approved the first count of the two-count resolution on
December 1, and final action was completed the following day. Press reports speculated that the
Senate might consider matters other than the McCarthy censure resolution, including a number of
pending treaties and nominations, but the Senate took action only on the censure resolution and
adjourned on December 2.
91st Congress, 2nd Session (1970-1971)
In 1970, congressional leaders called a post-election session for the first time in more than 16
years to complete action on a list of pending legislation, including electoral reform, the Family
Assistance Plan (the Nixon Administration’s principal welfare reform proposal), occupational
safety and health, equal rights for women, workforce training, and funds for the supersonic
transport plane (SST). Seven regular appropriations bills also remained to be enacted.
Congress stayed in session from November 16 until January 2, 1971. It kept largely to the agenda
the congressional leadership had set before the recess in October but failed to approve many
Administration proposals, including the Family Assistance Plan.30 That bill, with other
controversial measures, had been attached to a Social Security bill in the Senate. The SST
received interim funding, not the funding requested. President Richard Nixon strongly criticized
what he termed “major failures” of the lame duck session.
Congress did complete work on two of the seven regular appropriations bills and a measure
dealing with foreign aid and foreign military sales. It also passed the Clean Air Act Amendments
of 1970, which established deadlines for the reduction of certain pollutants from new
automobiles, and a major housing bill, which included a new program of federal crime insurance
and created the Community Development Corporation.
President Nixon vetoed four measures during the lame duck session, including a $9.5 billion
federal workforce training and public service employment bill. Congress did not override any of
these vetoes.
93rd Congress, 2nd Session (1974)
The 93rd Congress was marked by extraordinary events—the Watergate investigations, the
resignation of Vice President Spiro Agnew, the nomination and confirmation of Gerald Ford to be
Vice President, and the resignation of President Nixon and succession of President Ford.
Consequently, Congress had to delay consideration of major legislation as it considered its
response to crises in the executive branch. On November 18, 1974, Congress reconvened in an
effort to clear a long list of legislative priorities.
Earlier, congressional leaders indicated that only the most critical bills would be considered,
including approval of the nomination of Nelson Rockefeller to be Vice President. However,

30 “Much Unfinished Business Faces ‘Lame Duck’ Session,” Congressional Quarterly Weekly Report, vol. 28, October
23, 1970, pp. 2638-2639; “Nixon Support to Be Targeted in Lame Duck Session,” Congressional Quarterly Weekly
Report, vol. 28, November 13, 1970, pp. 2783-2785.
Congressional Research Service

17

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

President Ford greeted the returning Congress with a 10-page list of legislation that he wanted
passed before the session expired.31
Before its adjournment on December 20, Congress approved the Rockefeller nomination and
overrode presidential vetoes of a vocational rehabilitation bill and a measure amending the
Freedom of Information Act. Congress also approved, and the President signed, a bill that
nullified a prior agreement giving former President Nixon control over the tapes and papers of his
Administration.
In other actions, Congress approved a long-delayed trade reform bill giving the President broad
authority to negotiate trade agreements, act on trade barriers, and provide import relief to
workers, industries, and communities. It also established a federal policy for research and
development of non-nuclear sources of energy and cleared legislation making continuing
appropriations for federal agencies whose regular appropriations had not been enacted.
96th Congress, 2nd Session (1980)
In 1980, Congress postponed action on budget matters until the lame duck session. Large
Republican gains on election day, however, were expected to complicate consideration of budget
reconciliation and several major appropriations bills, as well as landmark environmental
legislation.
Meeting from November 12 to December 16, 1980, Congress adopted a budget resolution, a
budget reconciliation measure, and five regular appropriations bills, although one was
subsequently vetoed. It approved a second continuing resolution to continue funding for other
parts of the government. Congress also passed an Alaska lands bill, a “superfund” bill to help
clean up chemical contamination, a measure extending general revenue sharing for three years,
and a measure that made disposal of low-level nuclear waste a state responsibility. Defense-
related legislation made changes to military pay and benefits and gave authority to the President
to call 100,000 military reservists to active duty without declaring a national emergency.
97th Congress, 2nd Session (1982)
In 1982, President Ronald Reagan urged congressional leaders to reconvene Congress after the
congressional election in order to consider unresolved appropriations bills.32 The Senate met from
November 30 to December 23 and the House from November 30 to December 21.
Congressional leaders indicated that they would finish nine of 10 outstanding money bills. By the
end of December, Congress had completed four. To fund the remaining government operations,
Congress passed a large continuing resolution but had to remove a $5.4 billion jobs program after
the President threatened to veto the legislation.
The lame duck session was acrimonious in both chambers but especially in the Senate, where
frequent filibusters caused some all-night sessions. The Senate voted on eight cloture motions in
December, an unusually high number for this era. The most contentious filibuster came late in the

31 U.S. President (Ford), “Repeating Desire of the President of the United States for Partnership with the Congress—
Message from the President of the United States (H.Doc. No. 93-334),” Congressional Record, vol. 120, November 18,
1974, pp. 36274-36278. See “Congress Gets Ford Request, Overrides Vetoes,” Congressional Quarterly Weekly
Report, vol. 32, November 23, 1974, pp. 3151-3152.
32 Dale Tate, “Reagan Requests Lame-Duck Session on ‘83 Spending Bills,” Congressional Quarterly Weekly Report,
vol. 40, September 18, 1982, p. 2337.
Congressional Research Service

18

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

month over a measure to increase the gasoline tax. The measure was approved two days before
Christmas.
In other decisions, Congress enacted a controversial 15% pay raise for Members and passed a
long-sought nuclear waste disposal bill. However, an immigration reform bill, favored by the
White House and the congressional leadership, stalled when opponents filed hundreds of
amendments designed to slow chamber action. The leadership was eventually forced to pull the
bill from the House floor. Congress also refused to fund production and procurement of the first
five MX intercontinental missiles, the first time in recent history that either house of Congress
had denied a President’s request to fund production of a strategic weapon.
103rd Congress, 2nd Session (1994)
In 1994, Congress recessed on October 8 and then reconvened on November 29 for the sole
purpose of passing a bill implementing a new General Agreement on Tariffs and Trade. Although
the bill received strong support in both chambers during the regular session, opponents in the
Senate had kept the measure from reaching a vote on the floor. In the lame duck session, the
House passed the bill on November 29 and the Senate on December 1. Both chambers then
adjourned sine die.
105th Congress, 2nd Session (1998)
In 1998, both the House and Senate adjourned sine die on October 21, 1998. However, the
adjournment resolution (H.Con.Res. 353) gave the Speaker contingent authority to reconvene the
House. The House planned to return in December to consider the impeachment of President Bill
Clinton.
Meanwhile, the November election resulted in unexpected Republican losses. Consequently,
Speaker Newt Gingrich announced his decision to resign as leader. While he remained Speaker
for the duration of the Congress, the announcement made him a lame duck in the fullest sense of
the term.33
During this uncertain period, the House convened on December 17, 1998, to consider a resolution
of impeachment (H.Res. 611). That day, the House also agreed to a resolution expressing support
for members of the Armed Forces engaged in the Persian Gulf.
On December 19, the House adopted the impeachment resolution’s Articles I and III. In doing so,
the House impeached a President for the first time since Andrew Johnson (1868). The House also
passed a resolution appointing House managers for the Senate impeachment trial. The chamber
then adjourned sine die.
106th Congress, 2nd Session (2000)
The 2000 lame duck session was marked by a presidential election that remained unresolved until
December as well as an unusually short election break. The House and Senate recessed a few
days before the election, then returned on November 13 and 14, respectively, to consider
unresolved appropriations bills.34 On November 14, Congress approved a short-term continuing

33 Guy Gugliotta and Juliet Eilperin, “Gingrich Steps Down in Face of Rebellion,” Washington Post, November 7,
1998, p. A1.
34 For the purposes of this report, the Senate’s lame duck session is considered to have commenced on December 5,
because this was the first day of continuous sessions following the election.
Congressional Research Service

19

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

resolution and the District of Columbia Appropriations Act before putting itself into recess once
more.
After reconvening on December 5, Congress adopted a series of five short-term continuing
resolutions while leaders negotiated the FY2001 appropriations measures. Finally, on December
15, both chambers agreed to the conference report on the omnibus appropriations bill. Congress
then adjourned sine die.
During the lame duck session, Congress also cleared the Presidential Threat Protection Act, the
Striped Bass Conservation Act, and the Intelligence Authorization Act. It also sent President
Clinton a bankruptcy reform measure, which the President subsequently pocket vetoed.
107th Congress, 2nd Session (2002)
Congress met intermittently in pro forma sessions during the pre-election period in 2002 but
returned to a full schedule of business on November 12. The House and Senate convened to finish
work on 11 appropriations bills and consider legislation creating the Department of Homeland
Security (DHS), a top priority for President George W. Bush. Before the lame duck session, the
House passed a DHS bill, the Senate passed a similar version of the measure on November 19,
and the House agreed to the Senate amendment on November 22. President Bush signed the bill
into law on November 25.
Congress was unable to resolve its differences on the appropriations bills. Instead, it adopted the
fifth of a series of continuing resolutions on November 19. This measure funded the government
at FY2002 levels through January 11, 2003. The Defense Appropriations bill and Military
Construction Appropriations bill were the only appropriations measures completed by Congress
in 2002.
In addition to DHS legislation, Congress adopted several other significant measures, including the
Defense Authorization Act, the Intelligence Authorization Act, and measures regulating terrorism
insurance and seaport security. The Senate adjourned sine die on November 20 and the House on
November 22.
108th Congress, 2nd Session (2004)
In 2004, Congress convened a lame duck session to consider appropriation bills and the debt
limit. The post-election environment was expected to facilitate action on an omnibus
appropriations measure that limited domestic discretionary spending, an Administration priority.
On November 20, Congress cleared the omnibus measure but could not reach a final agreement
on a budget resolution that, among other actions, would have increased the debt limit. Instead,
Congress used a freestanding measure to raise the limit.
The House and Senate also reauthorized the Individuals with Disabilities Education Act, placed a
moratorium on internet taxation, and authorized satellite television systems to carry network
programming. Policy and political disagreements, however, doomed several other
reauthorizations, including welfare reform, a highway bill, and the renewal of the assault weapons
ban.
At the same time, the House and Senate remained in conference to resolve legislation to
consolidate intelligence activities under a new national director, as recommended by the 9/11
Commission. During the lame duck session, the Bush Administration persuaded House conferees
to accept modifications in provisions to (1) maintain military control over its own intelligence, (2)
keep intelligence funding confidential, and (3) control immigration. On December 7 and 8, the
House and Senate, respectively, approved the conference report and adjourned sine die.
Congressional Research Service

20

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

109th Congress, 2nd Session (2006)
Following an election that gave the Democrats prospective control of the House and Senate, the
sitting Congress reconvened on November 13, 2006, largely to consider several FY2007
appropriations bills.35 Instead of passing regular bills, Congress opted to fund the government
through two successive extensions of a continuing resolution, with H.J.Res. 100 continuing
funding through December 8 and H.J.Res. 102 continuing funding through February 15, 2007.
Congress also cleared a package of tax benefit extensions, including those for research and
development and for education, which was paired with a trade package that included benefits for
undeveloped countries and agreements with Vietnam.
Other notable legislation included a bill that allowed President George W. Bush to negotiate an
agreement with India on the development of nuclear power. In addition, Congress passed a bill to
overhaul the U.S. Postal Service and a veterans affairs package authorizing funds for major
medical projects and information technology upgrades. Finally, the Senate confirmed Robert
Gates as Secretary of Defense to replace Donald Rumsfeld, who stepped down the day following
the elections. Both the House and the Senate adjourned sine die on December 9.
110th Congress, 2nd Session (2008-2009)
The 110th Congress reconvened on November 6, 2008, just two days after the election that would
afford Democrats wider majorities in both the House and Senate and ushered in a new
Democratic President. The lame duck session featured a series of pro forma sessions that were
intended to foreclose opportunities for outgoing President George W. Bush to make recess
appointments to federal offices.36
The Senate met for substantive business on only seven days during the post-election period. The
House, which had adjourned sine die, reconvened on November 19 pursuant to authority granted
to its leadership in the adjournment resolution. However, it met on only five days during the post-
election period.
The main legislative business concerned disruptions to the financial system, which became
evident during the campaign period. Before the election, Congress had enacted the Temporary
Asset Relief Program in P.L. 110-343, establishing a $700 billion package of aid to the financial
services industry. In the lame duck session, Congress considered legislation to assist America’s
three largest automaking companies.
On December 10, the House passed H.R. 7321, which provided $14 billion in loans to
automakers by using funds from an existing program. However, Senate opposition prevented a
vote on the measure. (Incoming President Barack Obama subsequently provided $13.4 billion in
loans to the automakers out of funds from the financial industry aid package.)
During the second half of December, the Senate met in pro forma sessions, while the House
recessed. On January 2 and 3, the Senate and House, respectively, returned to adjourn sine die.
111th Congress, 2nd Session (2010)
During the 2010 election break, the House recessed, while the Senate engaged in pro forma
sessions to prevent President Obama from making recess appointments and to prevent pending

35 Steven T. Dennis and John M. Donnelly, “A Few Miles to Go Before the 109th Sleeps,” Congressional Quarterly
Weekly Report, vol. 64, November 13, 2006, p. 2984.
36 Kathleen Hunter, “Senators Maintain Vigil Against Recess Appointments,” CQ Today, December 12, 2008, p. 1.
Congressional Research Service

21

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

nominations from being returned to the White House.37 Once Congress returned for business, no
pro forma sessions occurred, and a number of high-profile bills received action.
Congress enacted the National Defense Authorization Act (H.R. 6523), the FDA Food Safety
Modernization Act (H.R. 2751), and the Don’t Ask, Don’t Tell Repeal Act of 2010 (H.R. 2965).
Also during the lame duck session, the Senate confirmed a total of 19 federal judges.
Perhaps the most significant issue that was negotiated throughout the lame duck session was the
extension of certain revenue provisions, including the 2001 and 2003 income tax cuts (P.L. 107-
16 and P.L. 108-27). Enacted during the final week of the session, H.R. 4853 extended these
revenue provisions for two years, instituted a temporary payroll tax reduction, and provided
jobless benefits for 13 additional months. FY2011 appropriations remained uncompleted.
Congress instead adopted a series of continuing resolutions (P.L. 111-290, P.L. 111-317, and P.L.
111-322) to provide funding through March 4, 2011.
On December 22, the last day of the session, the Senate and House passed the James Zadroga
9/11 Health and Compensation Act. This bill, H.R. 847, would provide health benefits to certain
first responders who were exposed to toxic materials as a result of the September 11, 2011,
terrorist attacks on the World Trade Center. In addition, the Senate voted 71-26 to approve
ratification of New START, an arms control treaty with Russia.38
112th Congress, 2nd Session (2012-2013)
After an election break consisting of pro forma sessions, Congress reconvened on November 13
to consider several major bills. The Senate also confirmed a total of 66 civilian nominations, 16
of which were federal judges.
Congress adopted the FISA Amendments Act Reauthorization Act of 2012 (P.L. 112-238), the
National Defense Authorization Act (P.L. 112-239), and the Intelligence Authorization Act (P.L.
112-277).39 Otherwise, much of the session was devoted to negotiations over expiring tax and
spending policies as well as the sequestration that was scheduled to occur pursuant to the Budget
Control Act of 2011 (BCA; P.L. 112-25) on January 2, 2013.
On January 2, Congress enacted the American Taxpayer Relief Act of 2012 (ATRA; P.L. 112-
240). This bill addressed expiring revenue provisions, the alternative minimum tax, and a number
of temporary tax provisions (also known as “tax extenders”). The spending provisions in ATRA
included an extension of certain unemployment benefits through 2013, a postponement in the
reduction of Medicare payments to physicians under the Sustainable Growth Rate system through
the same period, and an extension of the 2008 farm bill through 2013.40 ATRA also postponed the
scheduled BCA sequestration (across-the-board spending cuts) until March 1, 2013.
The lame duck session did not need to address regular appropriations bills, because the first
continuing resolution of the fiscal year (P.L. 112-175) was not set to expire until March 27,
2013.41 However, Congress did debate supplemental appropriations to assist with Hurricane

37 Brian Friel, “Senate to Block Recess Appointments,” CQ Today Online News, September 29, 2010.
38 For further information on this treaty, see CRS Report R41219, The New START Treaty: Central Limits and Key
Provisions, by Amy F. Woolf.
39 “Partisan Combat Prevailed in 112th, Fiscal Cliff Narrowly Avoided,” in CQ Almanac 2012, 68th ed., (Washington,
DC: CQ-Roll Call Group, 2013), pp. 1/3-1/8.
40 For information on these revenue and spending elements of ATRA, see CRS Report R42884, The “Fiscal Cliff” and
the American Taxpayer Relief Act of 2012, coordinated by Mindy R. Levit.
41 For information on continuing resolutions and FY2013 appropriations, see CRS Report R42647, Continuing
Resolutions: Overview of Components and Practices, coordinated by Kate P. McClanahan.
Congressional Research Service

22

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Sandy recovery efforts.42 On December 28, the Senate passed supplemental appropriations (H.R.
1), but the House opted to postpone consideration until the beginning of the 113th Congress.43 The
Senate and House adjourned sine die on January 2 and 3, respectively.
113th Congress, 2nd Session (2014-2015)
The 2014 lame duck session followed an election that gave the Republican Party control of the
succeeding Congress. The GOP took back the Senate and increased its majority in the House. In
the midst of these changes in party balance, a vast omnibus appropriations bill remained
unresolved.44
The Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83) combined several
appropriations bills into one omnibus bill, including a continuing resolution. The “CRomnibus”
funded multiple agencies through the end of FY2015 and provided continuing appropriations for
DHS through February 27, 2015.45 While both chambers debated the bill, Congress extended its
fiscal deadline by adopting short-term continuing resolutions. Then, on December 13, the Senate
passed the final version of H.R. 83, avoiding a repeat of the 2013 partial government shutdown.46
Congress adopted additional major legislation: the National Defense Authorization Act (H.R. 39)
and the Tax Increase Prevention Act (H.R. 5771), which, among its provisions, approved tax
credits for corporate spending on research and development.47 Both chambers passed the No
Social Security for Nazis Act (H.R. 5739), while the House cleared the final versions of the
Government Reports Elimination Act of 2014 (H.R. 4194) and the Chesapeake Bay
Accountability and Recovery Act of 2014 (S. 1000). In its final two days in session, the Senate
also confirmed 71 executive nominations (out of the 252 nominations approved during the lame
duck session). On December 16, the Senate adjourned sine die; the House recessed and returned
on January 2 for its final adjournment.
Other measures received extensive debate during the lame duck session but did not pass both
chambers. Failed legislation included bills that would have granted the President “fast-track”
trade negotiating authority, approval of the Keystone XL pipeline, reauthorization of the terrorism
risk insurance program, and taxes on certain online commerce.48

42 For information on enacted supplemental appropriations to address Hurricane Sandy, see CRS Report R42991,
Analysis of the Sandy Recovery Improvement Act of 2013, by Jared T. Brown, Francis X. McCarthy, and Edward C.
Liu.
43 For a discussion of these events, see Kerry Young and Emily Holden, “Senate-Passed Sandy Aid Stalls in House,”
CQ Weekly, December 31, 2012, p. 2365.
44 “Low Production, High Partisanship Plague the Second Year of the 113th,” CQ Almanac 2014, 70th ed., (Washington,
DC: Roll Call Group, 2015), pp. 1/3-1/5.
45 Niels Lesniewski and Humberto Sanchez, “Senate Avoids Shutdown, Passes Cromnibus in Bipartisan Vote,” CQ
News, December 13, 2014. H.J.Res. 124 (113-164), “The Continuing Appropriations Resolution, 2015,” provided
FY2015 appropriations to federal agencies until December 11, 2014. H.J.Res. 130 and H.J.Res. 131 amended this
resolution by substituting the end date from December 11 to December 13 and December 17, respectively.
46 Ashley Parker and Robert Pear, “Ending Days of Chaos at the Capitol, Senate Passes $1.1 Trillion Spending Bill,”
New York Times, December 14, 2014, p. A28.
47 “Low Production, High Partisanship Plague the Second Year of the 113th”; John M. Donnelly, “Congress Concludes
with Confirmations, Tax Credits,” CQ Roll Call, December 17, 2014, pp. 1-5.
48 “Low Production, High Partisanship Plague the Second Year of the 113th”; Sarah Chacko, “Senate Closes 113th
Congress,” CQ Roll Call, December 17, 2014, pp. 1-6.
Congressional Research Service

23

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

114th Congress, 2nd Session (2016-2017)
The 2016 election afforded the Republican Party control of the White House and maintained its
control of the House and Senate. Under these circumstances, Congress reconvened on November
14 to consider appropriations, Iran sanctions, medical research funding, and the pending National
Defense Authorization Act (NDAA).
On November 15, the House passed the Iran Sanctions Extension Act (H.R. 6297). The Senate
adopted it on December 1. President Obama allowed the bill to become law without his
signature.49
President Obama urged passage of another major bill, the 21st Century Cures Act (H.R. 34). The
legislation authorized significant funding for medical research as well as an accelerated review
process for new drugs and medical devices. The Senate adopted the final version on December 7
(P.L. 114-255 was signed into law on December 13).50
The House and Senate formed a conference committee to work out its differences on the NDAA
(S. 2943). Final approval came on December 8, when the Senate voted 92-7 to approve the
conference report (P.L. 114-840).
The Further Continuing and Security Assistance Appropriations Act, 2017 (H.R. 2028), extended
the funding from an earlier continuing resolution, which was set to expire at midnight on
December 9. Like the first continuing resolution, H.R. 2028 continued appropriations for all
government agencies except those related to military construction and veterans affairs. In addition
to its funding maintenance provisions, this measure addressed the Flint, Michigan, drinking water
crisis. Policy and political disagreements, however, delayed the Senate’s approval of the
resolution, threatening a partial government shutdown. Finally, late on December 9, the Senate
passed H.R. 2028, funding the government through April 28, 2017 (P.L. 114-254).
The bipartisan vote on the continuing resolution occurred during a 20-hour, all-night Senate
session, spanning December 9 and 10. Following the continuing resolution’s consideration, the
Senate confirmed 17 executive nominations (out of the 117 confirmed during the lame duck
session). Both the House and Senate met in pro forma sessions for the rest of December, returning
on January 3 to adjourn sine die minutes before the start of the 115th Congress.
115th Congress, 2nd Session (2018-2019)
Following the 2018 midterm election, Democrats reclaimed the House majority. In the Senate,
Republicans increased their majority by two seats. The change in the House majority, as well as
opposition to President Trump’s efforts to secure funding for a wall along the southern border, led
to a divisive lame duck session, which ended in a partial government shutdown.
On November 13, Congress reconvened to consider (among other legislation): reauthorization
measures, a major criminal justice reform bill, and continuing appropriations. Early in the post-
election session, the Senate adopted S. 140, the Frank LoBiondo Coast Guard Authorization Act
of 2018, reauthorizing the Coast Guard for two years. The House approved the bill, as amended
by the Senate, and it was signed into law on December 4 as P.L. 115-282.
In comparison to the Coast Guard legislation, the farm bill (H.R. 2) underwent a more contentious
reauthorization process. In particular, some senators objected to Title IV, which included

49 Reuters, “Iran Sanctions Extension Act to Become Law Without Obama’s Signature: White House,” December 15,
2016.
50 “CQ Key Votes 2016: Senate,” CQ Magazine, March 27, 2017.
Congressional Research Service

24

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

significant changes to the eligibility requirements in the Supplemental Nutrition Assistance
Program (SNAP). Prior to the election, the House and Senate formed a conference committee to
resolve the differences between the House version of the bill and the Senate’s amendment in the
nature of a substitute. In mid-December, the House and Senate agreed to the conference report,
which did not include the expanded SNAP work requirements, and the Agriculture Improvement
Act of 2018 became public law (P.L. 115-334) on December 20.51
The First Step Act (S. 756), reforming policies related to federal sentencing and the Bureau of
Prisons, received bipartisan support in the House and Senate.52 The Senate approved S. 756, as
amended, on December 18; the House provided final approval on December 20; and, on
December 21, the President signed it into law (P.L. 115-391). On the same day, amendments to
the Congressional Accountability Act of 1995 (CAA) became law (S. 3749; P.L. 115-397). These
changes altered procedures related to CAA claims filed against congressional offices. This
included requiring Members of Congress, under certain circumstances, to repay the Treasury for
settlements in connection with claims of sexual harassment or other CAA discrimination or
retaliation violations.53
Throughout the lame duck session, White House and congressional negotiations focused on
continuing appropriations.54 On December 7, the President signed H.J.Res. 143 (P.L. 115-298), a
continuing resolution (CR) that provided funding until December 21 for the federal agencies and
programs not covered by the five FY2019 appropriations bills enacted earlier in the year.
On December 19, the Senate approved H.R. 695. As amended by the Senate, the Department of
Defense Appropriations Act, 2018 would have extended government funding for specified
agencies until February 8, 2019. The House agreed to the Senate amendment on December 20,
with a House amendment that added $5.7 billion in appropriations for construction of physical
barriers at borders. Following discussions with Senate Democrats, Majority Leader McConnell
determined that the Senate did not have the 60-vote margin necessary to invoke cloture on the
House amendment and announced he would not bring the bill for a vote. The lack of a continuing
resolution caused a partial government shutdown that lasted 34 full days and did not end until
after the 116th Congress had convened.55
In addition to the funding gap, several programs experienced a gap in authorization. The
extension of the Violence Against Women Act, Temporary Assistance to Needy Families (TANF),
and the Land and Water Conservation Fund remained unaddressed during the lame duck
session.56 The House and Senate, however, did prevent a lapse in the National Flood Insurance
Program by approving S. 3628, the National Flood Insurance Program Extension Act (P.L. 115-
396) on December 21. This temporary authorization extended the program until May 31, 2019.57

51 See CRS Report R45525, The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison, coordinated
by Mark A. McMinimy.
52 See CRS Report R45558, The First Step Act of 2018: An Overview, by Nathan James.
53 See CRS Legal Sidebar LSB10384, The Congressional Accountability Act of 1995 Reform Act: An Overview, by
Christine J. Back.
54 CRS Report R45906, Congressional Action on FY2019 Appropriations Measures: 115th and 116th Congresses, by
Kate P. McClanahan and Justin Murray.
55 See CRS Report RS20348, Federal Funding Gaps: A Brief Overview, by James V. Saturno.
56 Kellie Mejdrich, “Unfinished Appropriations Work Piled High as Yuletide Awaits,” Roll Call, December 17, 2018.
57 See CRS Insight IN10835, What Happens If the National Flood Insurance Program (NFIP) Lapses?, by Diane P.
Horn.
Congressional Research Service

25

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

116th Congress, 2nd Session (2020-2021)
In the 2020 election, Joe Biden won the presidency, and House Democrats lost seats, narrowing
their majority in that chamber. Control of the Senate, then held by the Republican Party, remained
unknown until after the start of the next Congress.58 Appropriations for the federal government
and the NDAA dominated the lame duck session, which occurred in the midst of the COVID-19
pandemic.
The Senate began its post-election session one week before the House did, returning on
November 9 for a series of roll call votes to confirm presidential nominations. Following the
House’s return on November 16, leadership in both chambers negotiated supplemental
appropriations in response to the pandemic, as well as regular appropriations.
During the period of bicameral discussions, Congress passed continuing resolutions to extend
government funding that would otherwise lapse on December 11. The first of these measures,
H.R. 8900, continued FY2021 appropriations to federal agencies through December 18. Three
other measures (H.J.Res. 107, H.J.Res. 110, and H.R. 1520) collectively extended that period
through December 28.
On December 21, the House and Senate passed the Consolidated Appropriations Act, 2021 (H.R.
133), which contained the 12 regular appropriations and supplemental pandemic appropriations.
To do so, the House concurred in a Senate amendment with a substitute amendment that
represented a compromise on pandemic funding.59 Final approval required two votes, as the
House “divided the question” on agreeing to the legislation, enabling Members to demonstrate
their support for or opposition to specific divisions of the omnibus measure.60 The bill, as enacted
into law on December 27, provided agency funding for the duration of FY2021.
Final passage of a defense authorization bill (H.R. 6395) also occurred during the lame duck
session. In August, prior to the post-election session, the House had sent its version of the
measure to the Senate. On November 16, the Senate agreed to an amended version of the bill and
requested a conference with the House, which was held in early December. On December 8, the
House approved the resulting conference report, and the Senate followed suit on December 11.
President Trump vetoed the bill on December 23. On December 28 and January 1, the House and
Senate, respectively, overrode the veto, enacting the measure into law on New Year’s Day, 2021.61

58 In the 2020 election, Georgia held elections for both of its Senate seats—a regular election for a six-year term and a
special election to fulfill the remainder of an un-expired term. No candidate received more than 50% of the vote,
triggering runoff elections under Georgia law. On January 5, 2021, each of the Democratic candidates won his
respective runoff election, handing control of the Senate to the Democrats once Vice President Kamala Harris was
sworn in. Richard Fausset, Jonathan Martin, and Stephanie Saul, “Democrats Win Both Georgia Races to Gain Control
of Senate,” New York Times, January 6, 2021, https://www.nytimes.com/2021/01/06/us/politics/warnock-loeffler-
ossoff-perdue-georgia-senate.html.
59 To reach the final text of the consolidated measure, leaders removed sections that would have placed a moratorium
on certain pandemic-related lawsuits (favored by Republican leadership) and state and local aid (favored by
Democratic leadership). “Key Senate and House Votes in 2020,” CQ Almanac, 2021.
60 “Key Senate and House Votes in 2020,” CQ Almanac, 2021.
61 Media sources reported that President Trump vetoed the legislation because he objected to a provision establishing a
commission related to the renaming of military assets that commemorated Confederate figures and because the bill did
not repeal certain legal protections for online service providers specified in Section 230 of Title 47 in the U.S. Code.
Mark Satter, “In Defiance of Trump, Senate Overrides Defense Veto,” Roll Call, January 1, 2021, https://rollcall.com/
2021/01/01/in-defiance-of-trump-senate-overrides-defense-veto/.
Congressional Research Service

26

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

117th Congress, 2nd Session (2022-2023)
As a result of the 2022 midterm election, Democrats picked up one seat in the Senate,
establishing a 51-49 majority, and Republicans gained a majority in the House, entering the 118th
Congress with a 222-212 majority.62 Chamber majorities were not confirmed, however, until the
deciding House race was called on November 16 and Democrat Raphael Warnock (GA) won his
run-off Senate election on December 6.63
For both houses, the lame duck session commenced on November 14. At that time, Congress’s
remaining high-priority legislation included the National Defense Authorization Act (NDAA),
continuing and regular appropriations, Ukraine assistance, and electoral count reform.
The House and Senate agreed to the final text of the NDAA (H.R. 7776) after a lengthy
amendment exchange process. As enacted on December 23, the legislation incorporated
provisions from several bills, many of which had previously passed at least one chamber. In
addition to the Department of Defense authorizations, the NDAA included authorization acts for
intelligence, the Coast Guard, and the Department of State, as well as the U.S. Maritime
Administration and other Department of Energy activities. It also banned the sale of shark fins
while addressing several other oceanic, atmospheric, and water conservation concerns.
Prior to approving the regular appropriations for FY2023, the House and Senate passed two bills
(H.R. 1437 and H.R. 4373) extending government funding through December 23 and December
30, respectively. These “continuing resolutions” prevented a partial government shutdown while
leaders negotiated the Consolidated Appropriations Act, 2023 (H.R. 2617, enacted as P.L. 117-
328).
As amended, the omnibus appropriations bill, H.R. 2617, included the 12 regular appropriations
bills, as well as supplemental appropriations for Ukraine and disaster relief. Among its legislative
provisions, the bill extended program authorizations, increased veterans’ access to mental health
care, required the removal of the TikTok video application from federal government devices, and
included a division titled the “Electoral Count Reform and Presidential Transition Improvement
Act of 2022.” This section, which originated in S. 4573, clarified procedures for a joint session of
Congress to count and announce the electoral votes for President.64
Legislation enacted during the lame duck session also included the Respect for Marriage Act (P.L.
117-228). After several months of negotiations, the House, on December 8, agreed to a Senate
amendment in the nature of a substitute to H.R. 8404. The act repealed the Defense of Marriage
Act (P.L. 104-199) and required the U.S. federal government, states, and territories to recognize
interracial and same-sex marriages.65

62 When the 118th Congress commenced, there was one vacant seat due to the death of newly reelected Rep. Donald
McEachin on November 28, 2022, bringing the whole number of the House to 434. Paul LeBlanc, “Virginia Rep.
Donald McEachin Dies at Age 61,” CNN, November 29, 2022, https://www.cnn.com/2022/11/28/politics/donald-
mceachin-virginia-congressman-dies/index.html.
63 Meg Kinnard et al., “Why AP Has Called Control of the US House for Republicans,” AP News, November 16, 2022;
Mary Ellen McIntire, “Republicans Secure a House Majority, but It Will Be a Narrow One,” CQ Magazine, November
21, 2022; and Bill Barrow and Jeff Amy, “Democratic Sen. Warnock Wins Georgia Runoff Against Walker,”
December 7, 2022.
64 CRS In Focus IF12291, Elections and Voting: Policy and Legal Issues for the 118th Congress, by R. Sam Garrett
and L. Paige Whitaker.
65 Kaitlyn Radde, “What Does the Respect for Marriage Act Do? The Answer Will Vary by State.,” NPR, December 8,
2022, https://www.npr.org/2022/12/08/1140808263/what-does-the-respect-for-marriage-act-do-the-answer-will-vary-
by-state; CQ Magazine, “Key Votes of 2022: Abortion, Guns, Chips and More,” March 13, 2023.
Congressional Research Service

27

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Table 7. Summary of Measures Approved in Lame Duck Sessions, 1935-2022

Selected Measures Approved
Year of
Lame
Congress
Duck
House
Senate
76th
1940
Congress met on standby status during wartime; pro forma sessions
77th
1942
military draft; overtime pay for government workers
78th
1944
legislation related to war and military; rivers and harbors appropriations; Senate
confirmation of Secretary of State nominee
one-day session; legislation extending the Hoover Commission and Senate Special Small
80th
1948
Business Committee
Korean war issues; military defense supplemental appropriations; excess profits tax; a civil
81st
1950
defense program; relief for Yugoslavia
83rd
1954
House not in session
Senator McCarthy censure
regular appropriations bills; foreign aid; foreign military sales; Clean Air Act Amendments;
91st
1970
housing; act creating the Community Development Corporation
post-Nixon resignation issues; Rockefeller nomination for Vice President; presidential veto
93rd
1974
overrides; trade reform; energy research; continuing resolutions (CR) to fund multiple
federal agencies
omnibus deficit reduction reconciliation measure; regular and CR appropriations; Alaska
96th
1980
lands; superfund clean-up; revenue sharing; nuclear waste disposal; military benefits; military
reserves policy
97th
1982
regular and CR appropriations; gas tax; congressional pay raise; nuclear waste disposal
103rd
1994
General Agreement on Tariffs and Trade
Clinton impeachment resolution, Articles I
and III approved; resolution appointing
105th
1998
House managers for Senate impeachment
Senate not in session
trial
omnibus appropriations; Presidential Threat Protection Act; Intelligence Authorization Act;
106th
2000
environmental legislation; bankruptcy reform (pocket vetoed by the President)
regular and CR appropriations; Department of Homeland Security; National Defense
107th
2002
Authorization Act (NDAA); Intelligence Authorization Act; terrorism insurance; seaport
security
omnibus appropriations; Individuals with Disabilities Education Act reauthorization; internet
108th
2004
tax moratorium; satellite television policy; intelligence activities consolidation
CR appropriations; tax benefit extensions; trade agreements; India nuclear power
109th
2006
negotiations; USPS overhaul; Veterans Affairs authorization for major medical projects;
Senate confirmation of Secretary of Defense nominee
110th
2008
some pro forma sessions to avoid recess appointments; auto bailout also considered but
not adopted at this time
CR appropriations; NDAA; FDA Food Safety Modernization Act; Don’t Ask, Don’t Tell
111th
2010
Repeal Act; income tax cuts; unemployment benefits; health care benefits for 9/11 workers;
Senate approved ratification of New START treaty with Russia
112th
2012
FISA Amendments Act Reauthorization Act of 2012; NDAA; Intelligence Authorization
Act; American Taxpayer Relief Act
Congressional Research Service

28

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Selected Measures Approved
Year of
Lame
Congress
Duck
House
Senate
CR and omnibus appropriations; NDAA; Tax Increase Prevention Act; No Social Security
113th
2014
for Nazis Act; Government Reports Elimination Act; Chesapeake Bay Accountability and
Recovery Act; Tax Increase Prevention Act
114th
2016
CR appropriations; Iran Sanctions Extension Act; 21st Century Cures Act; NDAA
CR appropriations; Coast Guard Authorization Act of 2018; Agriculture Improvement Act
115th
2018
of 2018 (Farm Bill); First Step Act of 2018; Congressional Accountability Act of 1995
Reform Act; National Flood Insurance Program Extension Act
116th
2020
Omnibus appropriations and supplemental COVID-19 appropriations; NDAA (required
veto override)
CR, omnibus and supplemental appropriations, including assistance to Ukraine; Electoral
117th
2022
Count Reform and Presidential Transition Improvement Act; NDAA; Intelligence
Authorization Act; Coast Guard Authorization Act; Respect for Marriage Acta
Sources: Congressional Record, Congressional Quarterly Weekly Report, CQ Almanac, The New York Times, Reuters.
Note:
a. The Electoral Count Reform and Presidential Transition Improvement Act was included in the Consolidated
Appropriations Act, 2023 (P.L. 117-328). The Intelligence Authorization Act and the Coast Guard Authorization
Act were included in the National Defense Authorization Act, 2023 (P.L. 117-263).

Author Information

Jane A. Hudiburg

Analyst on Congress and the Legislative Process

Acknowledgments
This report is based on former CRS Specialist on Congress and the Legislative Process Richard S. Beth’s
CRS Report RL33677, Lame Duck Sessions of Congress, 1935-2012 (74th-112th Congresses). Richard C.
Sachs, then-Specialist in American National Government in CRS, and Momoko Soltis, then-Analyst on
Congress and the Legislative Process in CRS, also contributed to the earlier report.
Congressional Research Service

29

Lame Duck Sessions of Congress, 1935-2022 (74th-117th Congresses)

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R45154 · VERSION 13 · UPDATED
30

Download PDF

Download EPUB

Revision History

Jul. 29, 2024

HTML · PDF

Nov. 8, 2022

HTML · PDF

Oct. 13, 2020

HTML · PDF

Apr. 6, 2018

HTML · PDF

Metadata

Topic areas

American Law

Legislative Process

National Defense

Report Type: CRS Report

Source: CRSReports.Congress.gov, EveryCRSReport.com

Raw Metadata: JSON