Lobbying a Distracted Congress Can Be a Blessing or a Curse

The 119th Congress is distracted, chaotic, and dysfunctional.

For lobbyists managing client priorities, a busy and preoccupied Congress can be either a strategic advantage or a significant obstacle.

A look at the past year offers valuable insight into what lobbyists can expect as they navigate an increasingly unfocused Congress. Lawmakers grappled with the longest government shutdown in US history, bipartisan demands for the release of the Epstein files, Department of Homeland Security and Immigration and Customs Enforcement actions in major cities, and the expiration of Affordable Care Act subsidies. Already in 2026, Congress is dealing with government funding, health care, an expiring electronic surveillance authority, a surface transportation law set to end later this year, a Department of Justice criminal probe into the Federal Reserve, and rapidly approaching midterm elections.

Given all that and more developments to come, it’s hard to get lawmakers’ attention.

So, what’s a lobbyist to do?

Historically, navigating a national crisis or legislative logjam has made engaging distracted public officials especially challenging. In my earlier lobbying years, my advocacy centered on Medicare changes. During the 106th Congress, I pushed for legislation that would allow patients access to a fuller range of chiropractic care under Medicare. The bill made it out of committee but was never enacted. While I was lobbying for these changes, the 106th Congress faced several significant issues beyond healthcare that competed for legislative time and focus, from the Senate trial of President Bill Clinton after his impeachment in the House to the enactment of China’s normal trade relations and the Balanced Budget Refinement Act of 1999 (adjusting Medicare, Medicaid, and State Children’s Health Insurance Program).

During this and other challenging times for lobbyists, I learned a few practical steps can help:

• Develop your strategy and set the stage
• Maintain consistent, open communications with clients
• Set realistic expectations by clearly assessing the likelihood and timing of progress on your key issues
• Be prepared to pivot when things change
• Offer alternative strategies to your clients, such as briefings with Hill staff, issue-specific forums, partnerships with third-party validators, or letter-writing campaigns—particularly for associations with grassroots networks
• Above all, preserve the client trust during periods of congressional inaction by being candid about what is—and is not—happening on the Capitol Hill to manage client expectations

Even though challenges exist, some of the most productive lobbying I’ve seen has happened when Congress appeared to be standing still.

Below the Radar

There are real frustrations that come with lobbying when Congress isn’t paying much attention, but there can also be quiet advantages.

In 2009, I worked on behalf of a client who supported a bill on long-term care during consideration of the Affordable Care Act. During that time, Congress was under intense public pressure, which could be seen at angry town hall meetings and through the rise of the Tea Party movement and misinformation campaigns. Several major crises were going on at that time, including ending the 2008 financial crisis and the accompanying auto industry bailouts.

Because my client was seeking to include legislation in a highly contested bill, I had to rely on one side of the aisle to advance a controversial proposal that the client supported—the Community Living Assistance Services and Supports, or CLASS, Act—and to secure sufficient House and Senate Democratic support for its inclusion in the larger health care overhaul. I worked with the bill’s author and a small number of supportive House Ways and Means Committee members to ensure the provision was included and protected from being cut or removed as negotiations shifted and trade-offs on higher-priority issues took precedence. In our case, the larger issues became a distraction, to the client’s advantage. Ultimately, the CLASS ACT was enacted as part of the Affordable Care Act in 2010. (I should note that, unfortunately, the CLASS Act was never implemented and was formally repealed in 2013, after the control of Congress changed.)

I saw a similar dynamic during work on the Balanced Budget Act of 1997, when I represented a health imaging client seeking to expand telemedicine demonstration projects. Congress was consumed with deficit reduction and sweeping Medicare reforms, leaving little bandwidth for other initiatives. As a result, modest, low-cost telemedicine demonstrations advanced quietly as part of the larger package—benefiting from a crowded, deadline-driven legislative moment in which attention was focused elsewhere.

What’s the lesson learned here?

A distracted Congress can work to a client’s advantage when the goal is to keep a key but potentially controversial issue below the radar, which is especially effective when there’s organized opposition and heightened visibility would invite scrutiny that could slow momentum, derail negotiations, or reverse earlier gains. Anyone who has worked on Capitol Hill knows, killing a bill is almost always easier than passing one.

Powering Through

When in doubt about congressional inaction, consider your options—who else can you lobby?

Recently, I spoke with a colleague new to the lobbying field and was encouraged by her enthusiasm about bypassing Congress and arranging a meeting with an administration official. She saw the meeting as a success, pointing out that simply securing the meeting was an achievement. I’m inclined to agree. By engaging directly with the administration, the clients were not only impressed but also felt the meeting accomplished more than it would have with a single member of Congress.

In the end, the value of lobbying is strategic engagement—showing that connecting with the right players at the right time can sometimes make the difference.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Tonya Saunders is a Democratic strategist and lobbyist with more than 25 years of experience.

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