What is a lame-duck session of Congress?

This guide explains how Congress works. It is general information, not legal advice.

A lame-duck session is any meeting of Congress after the November general election and before the new Congress's terms begin. Under the 20th Amendment, House and Senate terms end at noon on Jan. 3, so the outgoing Congress, including members who lost or are retiring, can keep passing bills until then. This year it faces a Dec. 11 funding deadline.

Key facts - House and Senate terms end at noon on Jan. 3 (20th Amendment, sec. 1). - Congress has held 25 lame-duck sessions since the 20th Amendment took effect, and one in every Congress since 1999–2000 (CRS R45154, updated Sept. 15, 2026). - From 1999 through 2024, lame ducks produced 49 regular appropriations acts and 26 continuing resolutions (CRS). - Current stopgap funding ends no later than Dec. 11, 2026 (P.L. 119-103, sec. 106). - AP projects Democrats won both chambers on Nov. 3, 2026; the new Congress starts Jan. 3, 2027 (AP).

The election picks the next Congress, but it doesn't end the current one. For about eight weeks, the 119th Congress keeps its full powers while the 120th waits to be sworn in. Here's how that window works and why it matters this year.

What is a lame-duck session?

The Congressional Research Service defines a lame-duck session as any meeting of Congress that happens after a November general election and before the next Congress begins (CRS R45154). It isn't a special kind of session with its own rules. Members who lost, retired or are moving to another office vote just like everyone else, and the House and Senate can pass bills, approve nominations (in the Senate) and send legislation to the president.

CRS notes a session can come about several ways: Congress recesses before the election and returns afterward, it holds brief pro forma sessions through the campaign break, leaders use standby authority to call members back, or the president calls Congress into session. Both chambers have bridged the election break with pro forma sessions since 2016 (CRS).

Why is it called a lame duck?

According to CRS, the phrase began in 18th-century Britain as slang for a bankrupt businessman, compared to a game bird hobbled by a hunter's shot. By the 1830s it was being applied to officeholders whose time in office had a known end date (CRS).

What does the 20th Amendment say?

Section 1 of the 20th Amendment says the terms of Senators and Representatives end "at noon on the 3d day of January," and the terms of their successors begin then. Section 2 says Congress assembles at least once a year, starting at noon on Jan. 3 "unless they shall by law appoint a different day" (Constitution Annotated; National Archives).

Before the amendment was ratified in 1933, congressional terms began on March 4, and the final session of every Congress, the "short session," was automatically a lame duck that ran for months after the election. The 74th Congress (1935–37) was the first to start on Jan. 3 (CRS). Our explainer on when the new Congress starts covers what happens on Jan. 3, 2027.

How often has Congress held lame-duck sessions?

CRS counts 25 lame-duck sessions since the 20th Amendment took effect. From 1935 to 1998 they were sporadic, happening in 12 of 32 Congresses. Since the 106th Congress (1999–2000), every Congress has held one, 13 in a row through 2024 (CRS).

They usually start in mid-November. Since 2008, 15 of 18 House and Senate lame-duck sessions ran through Jan. 2 or 3, CRS found.

Spending is the most common business. From the 106th through the 118th Congress, lawmakers enacted 49 regular appropriations acts and 26 continuing resolutions during lame ducks, and in 11 of those 13 sessions they passed some kind of funding bill (CRS). Some examples CRS lists:

• 2024: Congress returned Nov. 12, passed a stopgap (P.L. 118-158) funding the government through March 14, 2025, on Dec. 21, and cleared the annual defense authorization on Dec. 23.
• 2022: The Respect for Marriage Act and the Electoral Count Reform Act passed.
• 2018: The First Step Act and the farm bill passed; the session ended in a 34-day partial government shutdown.
• 1998: The House impeached President Bill Clinton.
• 1954: The Senate censured Sen. Joseph McCarthy.

What's on the 2026 lame-duck calendar?

The biggest fixed date is funding. Public Law 119-103, approved Sept. 2, 2026, keeps the government funded until regular spending bills pass, or Dec. 11, 2026, whichever comes first (P.L. 119-103, sec. 106). Our Dec. 11 deadline explainer walks through what lapses if Congress doesn't act.

The session also follows a change in control. AP projects Democrats won majorities in both the House and the Senate in the Nov. 3 midterms (AP). Until Jan. 3, 2027, though, the current Congress and its current leaders set the agenda. Results remain unofficial until states certify them; see our live results page and our guide on when election results are certified. We'll update this guide as congressional leaders announce what they plan to take up.

FAQ

When does the 2026 lame-duck session end? No later than noon on Jan. 3, 2027, when the 119th Congress's terms end under the 20th Amendment. Since 2008, most House and Senate lame ducks have run until Jan. 2 or 3, per CRS.

Can a lame-duck Congress pass laws? Yes. Members keep full voting power until their terms end. CRS counts 49 regular spending bills and 26 stopgaps enacted in lame ducks from 1999 through 2024 (CRS).

Is there a lame-duck session every two years? There has been one in every Congress since 1999–2000. Between 1935 and 1998 they happened in 12 of 32 Congresses (CRS).

What deadline is coming up in this lame duck? Stopgap funding runs out no later than Dec. 11, 2026 (P.L. 119-103, sec. 106).

Sources

• Congressional Research Service, "Lame Duck Sessions of Congress, 1935–2024," R45154, updated Sept. 15, 2026
• Constitution Annotated, Twentieth Amendment
• National Archives, The Constitution: Amendments 11–27
• Public Law 119-103, Continuing Appropriations and Extensions Act, 2027
• AP, "Democrats win the US House and Senate," Nov. 4, 2026

Photo: Architect of the Capitol (USCapitol), via Wikimedia Commons, public domain (cropped to 16:9).

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By Monsaur Othman · Last updated Nov. 4, 2026

Drafted with AI assistance from primary sources. Written and edited by The Whole Read newsroom under Monsaur Othman's editorial standards. How we use AI · Editorial policy · Corrections

General information, not legal advice. The Whole Read is nonpartisan and does not endorse candidates or parties.