Lame-duck session

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. The Latin phrase, literally translated as "without day," is used to mean that Congress has adjourned without setting a day for its next meeting. 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. When Congress adjourns sine die in an election year, it is not scheduled to meet again until after the term of the new Congress begins. That meeting will therefore begin the first session of the new Congress.

Before 1935, Congress would normally adjourn its previous session sine die before the November elections. When it returned for its prescribed meeting in December, accordingly, a new session began. Under these conditions, the "lame-duck session" of each Congress was actually a session in its own right, numerically distinct from the previous session (or sessions) of the same Congress. Accordingly, each of the lame duck sessions that occurred routinely before 1935 was convened as a separate session of the Congress already sitting.

Congress today could achieve an equivalent result by adjourning its session sine die before an election, after first providing by law for an additional session of the old Congress to convene on a date after the election. This additional, post-election session (probably the third session of the old Congress) would be a lame-duck session in same sense as those that occurred routinely before 1935. It would be a new, separately numbered session of the old Congress. Subsequent to the implementation of the 20th Amendment in 1935, however, Congress has never made use of this first means of bringing about a lame duck session.

Instead, 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, and then to reconvene at a date still within the constitutional term of the sitting Congress. Since 1935, this second means of bringing about a lame-duck session has been used on 11 occasions.

Congress authorizes a session recess in the same way it authorizes a sine die adjournment, by adopting a concurrent resolution. This form of authorization is necessary because the Constitution provides that "Neither House, during the Session of Congress shall, without the Consent of the other, adjourn for more than three days...." A concurrent resolution requires adoption by both houses, and accordingly can be used for each house to consent to the adjournment of the other.

This constitutional requirement applies both to sine die adjournments and to session recesses, which are technically adjournments within a session. Unlike a sine die adjournment, however, a recess does not terminate an existing session of Congress. When Congress reconvenes at the conclusion of a recess, accordingly, no new session begins, but the previously existing session resumes. Under these conditions, the post-election meeting of Congress is not a separate, new session of the old Congress, but a continuation of its existing session (probably its second session). 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 now normally does not designate a separate session of Congress, but rather refers simply to the post-election portion of an ongoing existing session.

The two sequences of events just discussed (a recess of an existing session and adjourning sine die after providing for a new session) are not the only ones that can lead to a lame-duck session. A third such course of events becomes possible if, when Congress recesses before an election, it grants contingent authority to its leadership to reconvene it, or either house, "if the public interest shall require." In the period since ratification of the 20th Amendment, the practice has grown up that Congress often includes this contingent authority, in some form, in concurrent resolutions providing for a session recess or a sine die adjournment.

If Congress included this contingent authority in a resolution providing for a recess spanning an election, the leadership might use the authority to reconvene Congress before the scheduled expiration of the recess. It might do so either before or after the election itself, but in either case, any portion of the reconvened session occurring after the election would be considered a lame duck session. During the time since the 20th Amendment took effect, however, this course of action has not been taken.

If Congress adjourns sine die with contingent reconvening authority, on the other hand, the sine die character of the adjournment becomes final only if the leadership does not exercise this authority by the time the next session of Congress is slated to convene, pursuant to either the Constitution or law. 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 used authority of this kind in 1998 to reconvene the chamber in a post-election continuation of a session that had previously been terminated by a conditional sine die adjournment.[7]

A fourth way in which a lame-duck session can occur arises if Congress chooses not to authorize a recess spanning an election. In this case, the lame duck session occurs if Congress simply continues to meet throughout the pre-election period and afterwards. Any portion of the continuing session of Congress that takes place after the election would be considered a lame duck session. As Table 1 and the accompanying discussion shows, Congress has taken this course of action on three occasions since 1935.

On some occasions, under these conditions, each house has chosen to meet only on every third day during the period spanning the election (and sometimes throughout the post-election period as well, until sine die adjournment). In addition, it is not necessary that either house transact any business during these intermittent meetings. If, during a given day's session, no business is transacted, it becomes a pro forma session, meaning one held only "for the sake of formality." In this case, the formality being satisfied is the constitutional requirement that neither house recess for more than three days if the other has not consented to a recess.

A final means by which a lame-duck session could occur arises from the constitutional authorization for the President to convene Congress, "on extraordinary occasions," by calling a special session. If Congress convenes, pursuant to this call, after a sine die adjournment and before the next session is scheduled to begin, a new session of the existing Congress begins. This course of events has not occurred since 1935. 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 1948, when President Harry Truman called Congress back for an extraordinary session in the middle of a recess for the national political conventions.

The extraordinary session called by President Truman did not constitute a lame duck session, because it both convened and recessed before the election. By the same means, however, a President might call an extraordinary session to convene at a date after the election and before the term of the sitting Congress ends. He or she could do so whether Congress had only recessed its previous session or had adjourned it sine die. In either case, the post-election meeting of Congress would be considered a lame duck session. No lame duck session since 1935 has occurred through this means.

After the first session of the 76th Congress adjourned in August 1939, President Franklin D. Roosevelt called Congress into extraordinary session in September to deal with 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, July, and again in September 1940, the President offered the view that Congress need not remain in session any longer. Some congressional leaders, however, held that Congress should "stand by" in session, in case of emergency. Congress met regularly through mid-October, then limited itself to two or three meetings per week until January 3, 1941; there was no extended recess for the November 1940 elections. The session thus became the longest in history to that point.

During the lame duck period following 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 hard 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 would convene in January. Work also was impeded because both the House and Senate had to meet in substitute quarters while their chambers in the Capitol underwent repairs. Among the more notable actions of this lame duck period were the decision to sustain the veto of a measure to limit regulatory agency powers, and the publication of a committee report on sabotage of the defense effort.

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.

Activities in the lame duck portion of the 77th Congress were affected by the knowledge that the 78th Congress, to begin in January, would contain a much narrowed Democratic majority. Congress declined to take final action to approve the Third War Powers Bill[8] or a bill to expand the Reconstruction Finance Corporation, including an agricultural parity rider attached to the latter. Other questions left to 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 bill to abolish poll taxes passed the House, but fell to 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.

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 20th 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 Act[9] 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. 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 as Secretary of State.

Congress recessed in August 1948, before the national party conventions, with the intention of returning only on December 31 to bring the 80th Congress to a formal conclusion, unless earlier called back by congressional leaders. During the convention recess, however, President Harry S Truman called Congress back in extraordinary session to deal with a series of legislative priorities he considered urgent. This occurrence represents the only time since the adoption of the 20th Amendment that the President has convened Congress in an extraordinary session.

Congress met pursuant to this call from July 27 to August 7, but then recessed again under the same terms as before. The leadership did not exercise its option to reconvene Congress during this new recess, and Congress met again only on December 31. This session, the shortest lame duck session under the 20th 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 (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.

With the Korean War at a critical juncture in the fall of 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 A. 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 13 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.

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 a vote on statehood for Alaska were abandoned after a week of intermittent Senate debate on a motion to take up the measure. The 81st Congress adjourned sine die on January 2, 1951, and the 82nd Congress convened the next day.

Prior to the 1954 congressional election, the House adjourned sine die on August 20, but the Senate recessed on that date and then reconvened on November 8. The Senate met for the sole purpose of considering the recommendation of a select committee to censure Senator Joseph R. McCarthy for improprieties committed in the course of his investigations into allegations of communist influence in the federal government. Made over a period of more than five years, Senator McCarthy's allegations had eventually led to investigations of McCarthy himself, and the Senate had assigned the issue to a select committee chaired by Senator Arthur V. Watkins (R-UT). This lame duck session was the first time since passage of the 20th Amendment that only one chamber returned to session after an election.

The Senate select committee submitted its censure resolution on November 9, 1954. The first count of the two-count resolution was approved 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 McCarthy censure resolution and adjourned finally on December 2.

Congressional leaders called a post-election session in 1970 for the first time in almost 20 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, manpower training, and funds for the supersonic transport plane (SST). Seven regular appropriations bills also remained to be enacted. Congress convened the lame duck session on November 16, 1970.

Congress stayed in session until January 2, 1971, less than 24 hours before the constitutional deadline of noon on January 3, when the 92nd Congress convened. 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. That bill, with other controversial measures, had been attached to a Social Security bill in the Senate. The SST received only interim funding. President Richard M. 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 manpower training and public service employment bill. Congress did not override any of these vetoes.

Delayed in the consideration of major legislation by the extraordinary events of 1973 and 1974—the Watergate investigations, the resignation of Vice President Spiro T. Agnew, the nomination and confirmation of Gerald R. Ford to be Vice President, and the resignation of President Nixon and succession of President Ford—Congress reconvened on November 18, 1974, in an effort to clear a long list of important items.

Although congressional leaders had indicated that only the most critical bills would be considered, including approval of the nomination of Nelson A. Rockefeller to be Vice President, President Ford greeted the returning Congress with a 10-page list of legislation he wanted passed before the session expired. In the end, Congress did consider a wide range of issues before it adjourned on December 20, 1974, but its actions were not always to President Ford's liking.

The Rockefeller nomination was approved by mid-December, but Congress overrode presidential vetoes of both 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; established a federal policy for research on development of non-nuclear sources of energy; and cleared legislation making continuing appropriations for federal agencies whose regular appropriations had not been enacted.

In 1980, some observers contended that postponing final congressional action on a lengthy agenda of major issues until a post-election session would accomplish two goals: first, it would delay potentially difficult pre-election votes on budget matters, and second, it would allow incumbents extra time to campaign. The large Republican gains on election day were thought to complicate the prospects for a productive lame duck program, however, especially with such important issues as budget reconciliation, several major appropriations bills, and landmark environmental legislation still left for consideration.

In fact, during the lame duck session, from November 12 to December 16, 1980, Congress completed action on many of the issues that had been left unfinished in the regular session, including the following: a budget resolution and a budget reconciliation measure; five regular appropriations bills, although one was subsequently vetoed; a second continuing resolution was approved to continue funding for other parts of the government; an Alaska lands bill and a "superfund" bill to help clean up chemical contamination; a measure extending general revenue sharing for three years; a measure that made disposal of low-level nuclear waste a state responsibility; and changes to military pay and benefits, and authority for the President to call 100,000 military reservists to active duty without declaring a national emergency.

In 1982, with urging from President Ronald W. Reagan, congressional leaders called for the second session of the 97th Congress to reconvene after the congressional election. The Senate met from November 30 to December 23, 1982, and the House from November 30 to December 21. Congress recessed for the election on October 1.

In calling for Congress to return, President Reagan expressed concern that only three of 13 appropriations bills had been cleared for his signature at the time Congress recessed. Dominated by economic concerns—particularly those related to budget and deficit issues—the second session of the 97th Congress was notable for the political tension between the Republican President and Senate, on the one hand, and the Democratic House, on the other.

Congressional leaders indicated they would finish nine of 10 outstanding money bills. But by the end of December, Congress had completed only four, and needed to enact a large continuing resolution to fund remaining government operations for FY1983. Concerned about recession and rising unemployment, House Democrats added a $5.4 billion jobs program to the continuing resolution, but agreed to remove it when the President threatened a veto.

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. The most contentious filibuster came late in the month over a measure to increase the gasoline tax. The measure was approved just two days before Christmas.

In addition to completing work on some appropriations bills and the continuing resolution, the House approved a controversial 15% pay raise for itself. 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 floor.

In other decisions, Congress 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. Congress also passed a long-sought nuclear waste disposal bill.

In 1994, Congress recessed on October 8 and then reconvened on November 28 for the sole purpose of passing a bill implementing a new General Agreement on Tariffs and Trade (GATT). 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 short lame duck session, the House passed the bill on November 29 and the Senate on December 1. Both chambers then adjourned sine die.

In 1998, both the House and Senate adjourned sine die on October 21, 1998. The adjournment resolution gave contingent authority not only to the bicameral leadership to reconvene Congress, but also to the Speaker to reconvene the House. This last authority was granted in anticipation of action to impeach President William J. Clinton. The House convened on December 17, 1998, to consider a resolution of impeachment (H.Res. 611). On December 19, the House adopted Articles I and III of the resolution by votes of 228–206 and 221-212. It then, by a vote of 228–190, adopted a resolution appointing and authorizing House managers for the Senate impeachment trial. The House then adjourned sine die.

On December 17, 1998, the House agreed, as well, to a resolution expressing support for the men and women engaged in a military action in the Persian Gulf.

Because final action on several appropriations bills had not been completed, Congress remained in session into the first days of November, the closest to an election that it had worked since 1942. On November 3, Congress adopted S.Con.Res. 160, authorizing recesses of the House until November 13 and the Senate until November 14. When the two houses returned, with the presidential election undecided, they approved a short-term continuing resolution and the District of Columbia Appropriations Act, and then agreed to a further recess until December 5.

After reconvening on December 5, Congress agreed to a series of five short-term continuing resolutions while final decisions on the remaining appropriations were being negotiated. During this sequence of events, the Senate recessed on December 11 after providing, by unanimous consent, that when the fourth in this series of continuing resolutions was received from the House, it would automatically be deemed passed in the Senate. Finally, on December 15, both chambers completed action on FY2001 appropriations measures by agreeing to the conference report on the omnibus appropriations bill. Congress then adjourned sine die pursuant to H.Con.Res. 446.

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.

Congress met in intermittent or pro forma sessions during the pre-election period in 2002, but returned to a full schedule of business on November 12 with two priorities: finish work on 11 appropriations bills and consider creation of a Department of Homeland Security (DHS), a measure at the top of President George W. Bush's legislative agenda. A bill to create the DHS had passed the House in late July, 2002, but the Senate did not act until after the election. 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, however, was unable to resolve its appropriations differences. The House passed the fifth in a series of continuing resolutions on November 13, and the Senate agreed to the measure 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 the DHS, Congress completed action on, and the President signed into law, 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, 2002.

A lame duck session was considered necessary in 2004 because many appropriation bills had not yet even received Senate action and Congress had not cleared an increase in the debt limit. Conferees also had reached no agreement over legislation to consolidate intelligence activities under a new national director, as recommended by the September 11 commission.

The post-election environment was viewed as favorable to action on an omnibus appropriations measure, by facilitating adherence to caps on domestic discretionary spending, on which the administration insisted, as well as the elimination of many authorizing provisions. Congress initially cleared the measure on November 20, but, because it subsequently had to direct corrections in the enrollment of the bill, President Bush was able to sign it only on December 8, the day of the sine die adjournment. Similarly, although Congress could reach no final agreement on a congressional budget resolution, which would have advanced action to increase the debt limit, post-election conditions enabled the increase to be enacted as a freestanding measure.

During the lame duck period, the administration intensified efforts to persuade House conferees on the intelligence bill to accept modifications in provisions to maintain military control over its own intelligence, keep intelligence funding confidential, and control immigration. The conference report cleared Congress on December 8 and was signed into law on December 17.

Post-election conditions also permitted the resolution of conference deadlocks over several other reauthorizations, including the Individuals with Disabilities Education Act, a moratorium on internet taxation, and authority for satellite television systems to carry network programming. The last of these was enacted as one of the few legislative riders to be included in the omnibus appropriation bill. Failure to resolve policy disagreements, however, doomed several other reauthorizations, including the 1996 welfare reform and a highway bill, although the latter had also been delayed by demands in the Senate for assurances about the role to be played by minority conferees. Finally, a ban on assault weapons expired when the House declined to act on a measure renewing it.

The 109th Congress reconvened on November 13, 2006, largely because it had only cleared two FY2007 appropriations bills prior to the election, funding the Department of Defense and the Department of Homeland Security. A continuing resolution funding the rest of the government was set to expire on November 17. Another top priority for the session was addressing a number of expiring tax benefits. Democrats had gained control of both houses in the November election, and the President and Democratic party leaders expressed hopes of cooperation and bipartisanship leading into the lame duck session.

Despite this optimism and several instances of cooperation, the Congress ultimately did not achieve its primary goal of passing further appropriations measures. Congress opted to fund the government through two successive extensions of the 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 permitting cooperation on its development of nuclear power for the first time in thirty years. In addition, Congress passed a bill to overhaul the United States Postal Service and a Veterans’ Affairs package authorizing funds for major medical projects and information technology upgrades. Finally, the Senate confirmed Robert M. Gates as Secretary of Defense to replace Donald Rumsfeld, who stepped down the day following the elections.

The 110th Congress reconvened on November 6, 2008, just two days after the election that gave Democrats wider majorities in both the House and Senate, and ushered in a new Democratic President. The November 6 session, however, along with 14 other sessions from then through January 2, 2009, continued a series of pro forma sessions of the Senate that began in October and were intended to foreclose opportunities for outgoing President George W. Bush to make recess appointments to Federal offices.

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, but met on only five days during the post-election period.

The main legislative business of the lame duck session involved further responses to spreading disruptions of the financial system that had become evident during the campaign period. Before the election, Congress had enacted 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 auto-making companies which were in danger of bankruptcy.

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, opposition in the Senate effectively prevented a vote on the measure. The President subsequently provided $13.4 billion in loans to the automakers out of funds from the financial industry aid package. Among the few other major measures that came up for a vote was a pension bill that postponed employee pension funding rules for companies and granted a moratorium on the annual distributions for retirement accounts as part of an effort to stave off lay-offs and assist retirees.

During lame duck session of the 111th Congress, the Don't Ask, Don't Tell Repeal Act of 2010 and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 were both signed into law. The former ended the military's don't ask, don't tell policy, while the latter bill extended the Bush tax cuts for two years and extended unemployment benefits and a FICA payroll tax cut for one year. Democrats also tried to pass the DREAM Act, but the bill failed to pass the 60-vote hurdle needed to invoke cloture.[10]

During the lame duck session of the 112th Congress, the American Taxpayer Relief Act of 2012 was signed into law. The act made permanent the majority of the Bush tax cuts.

These Congresses also met during the lame duck session.

As of November 18, 2020, the Senate has held 15 roll call votes since the 2020 election, confirming six district court nominees and one nominee to the Court of International Trade.[11] Since 1897, the Senate during lame-duck sessions has not confirmed the judicial nominees of the defeated party's outgoing president with the exception of Stephen Breyer to the First Circuit in 1980.[12] One of the judges confirmed was 33-year-old Kathryn Kimball Mizelle, the youngest judge nominated by President Trump[13] and rated "Not Qualified" by the American Bar Association due to the "short time she has actually practiced law and her lack of meaningful trial experience."[14]

In addition to the judicial nominees, the Senate rejected a cloture motion on Judy Shelton's nomination to the Federal Reserve Board of Governors following the opposition of Republicans Lamar Alexander, Susan Collins and Mitt Romney; Alexander was unable to vote and two Republicans who would have voted for her (Chuck Grassley and Rick Scott) were quarantining after exposure to the novel coronavirus.[15]

In December 2020, President Trump vetoed the Defense Appropriation act and threatened to pocket-veto the Covid-relief/omnibus act. The lame-duck House overrode the first and voted to agree to some of his objections to the second.