What is a lame-duck session? What can the US Congress do before January 3?

Democrats won control of both chambers of the US Congress in Tuesday's midterm elections.

In the Senate, Democrats flipped seven Republican-held seats in Iowa, Kansas, Maine, North Carolina, Ohio, South Carolina and Texas. Republicans entered the elections with 53 seats, while Democrats had secured at least 54 by Wednesday, with a few races still uncalled.

In the House of Representatives, Democrats crossed the 218-seat majority mark, securing more than 228 seats, according to the latest Associated Press projections. Republicans held 139 seats, with several races still being counted.

However, the change in control will not take effect immediately. The outgoing 119th Congress will return on November 9 and continue working until the 120th Congress is sworn in at noon on January 3.

This period is known as a lame-duck session, during which lawmakers who have lost their seats or decided not to seek re-election continue to serve and vote until their terms end.

What is a lame-duck session?

A lame-duck session is the period between an election and the start of the next Congress. Although voters have chosen new representatives, the existing lawmakers retain their powers until the current Congress ends.

The 119th Congress will therefore continue to function for nearly eight weeks, even though Democrats have secured control of both the House of Representatives and the Senate for the next term.

The arrangement is linked to the 20th Amendment to the US Constitution, ratified in 1933, which moved the start of a new congressional term to January 3.

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What can Congress do during this period?

The outgoing Congress can still pass legislation, approve government spending, confirm presidential nominees and take up pending bills. However, any legislation that does not become law before the current session ends on January 3 will have to be taken up again by the next Congress.

One of the most urgent challenges is government funding. The temporary funding measure keeping federal agencies operational expires on December 11. Unless lawmakers approve full-year spending bills or pass another short-term funding measure by then, the government could face a shutdown.

The funding dispute also centres on defence spending. The Trump administration is seeking a record $1.5 trillion defence budget, a proposal opposed by Senate Democrats.

Lawmakers can also work on the annual National Defense Authorization Act (NDAA), which sets policy and authorises spending for the US military. Other stalled bipartisan bills could also be brought up for a vote.

The Senate can use the session to confirm remaining executive and judicial nominees. Lawmakers may also hold organisational meetings and leadership elections for the next Congress, while preparing for the transition to the new term.

The lame-duck period can also provide an opportunity to attach additional provisions to must-pass legislation. Such provisions, sometimes added to spending bills, may receive limited attention during hurried negotiations.