ADVOCATING FOR YOU By Cade Clark and John Shea
The Post-Election Landscape HAI sets its legislative agenda for the new Congress.
N
OW THAT THE US GENERAL ELECTION HAS concluded, Congress has returned to Washington. While candidates elected to the
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US Senate and House of Representatives won’t be sworn in until Jan. 3, 2021, the Congress that has been in place since January 2019 began a lame duck session that is expected to extend well into December. Passing appropriations bills, defense legislation, and a new COVID relief package before the end of the year will be among the top legislative priorities. Historically, Congress has an easier time advancing must-pass legislation like appropriations packages in a lame duck session, due to the conclusion of election frenzy, but that may not be the case this year. With some state results in the presidential race being challenged by the Trump administration and two Senate races head- ing to a January 2021 runoff that will determine which political party controls the upper chamber, the same
partisan gridlock that’s plagued the 116th Congress could continue for the remainder of the year.
The 117th Congress When the 117th Congress convenes in the beginning of January, a new legislative year will begin. All unpassed legislation of the previous Congress will expire (with the exception of treaties). If any of those bills is to move for- ward, it must be reintroduced. On opening day of the 117th Congress, the House will elect a speaker, announce party leaders, and estab- lish rules for the legislative body as well as policies for certain floor practices. The House may also adopt resolu- tions assigning some or many of its members to
10 ROTOR 2020 Q4
committees. This process regularly continues over sev- eral more weeks. The committee assignment process occurs primarily within the party groups—the Republican Conference and the Democratic Caucus. There are representatives and senators currently serving who represent other parties, but their numbers are so small (one in the House, who actually retires at the end of the 116th Congress, and two in the Senate) that they must work with the two main parties. In fact, both the House and Senate are pri- marily organized around our two-party system. Legislators and their staff—there’s a red team and a blue team, and everyone knows which one you play for. The Senate will follow a similar protocol in January.
After swearing in senators elected or reelected in the general election (approximately one-third of the Senate), the upper chamber will adopt administrative resolutions and standing orders. If there is a vacancy or a change in party control, the senators may elect a new president pro tempore (generally the longest-serving senator from the majority party; in the 116th Congress, Sen. Chuck Grassley [R-Iowa] served in this role) and one or more Senate officers. Negotiations between parties over committee sizes and ratios, action on committee assignments, and deci- sions on party leadership changes and organization may begin during the early organization meetings for the new Senate, which will occur in November and December. The committee assignment process may continue after the beginning days of the 117th Congress. At some time, usually other than opening day, the Senate adopts committee assignment resolutions. Any changes in Senate party leadership take place in respective party conference meetings. As a result of the November elections, Democrats
will maintain their majority in the House but by fewer seats than they held in the 116th Congress. The majority in the Senate will be determined by the results of the runoff elections in Georgia on Jan. 5. If the 117th Congress ends up with the same parties in the majority
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