Congress Stumbles to Session’s End with a Paltry 78 Laws Passed

Congress plans to spend just 35 days in the nation’s capital between now and the end of the year, capping off what has been one of the least productive sessions in decades.

The 118th Congress has passed just 78 public laws so far, a stark contrast to the hundreds of laws enacted in previous sessions, irrespective of which party controlled the chambers or had a divided government. Although there’s still time to pass a few more laws, the overall number is expected to remain low.

In recent decades, lawmakers have often bundled multiple bills together into large legislative packages instead of voting on them individually. Despite this trend, it does not fully explain why this Congress has been notably unproductive.

Failed attempts at bipartisan legislation have included immigration policy and border security, railway safety, the farm bill, tax law, and children’s online safety. None of these major initiatives crossed the finish line.

Lawmakers have managed to agree on must-pass items like annual government funding bills, but even those have been delayed by six months past their deadlines. They appear to be on track to miss their deadline again this year, likely resulting in another stopgap spending bill.

Election-year politics and limited time on Capitol Hill have been contributing factors to this Congress’ lack of productivity. Molly Reynolds, a senior fellow in governance studies at the Brookings Institution, noted that Democrats are aiming to flip the House, while Republicans hope to take control of the Senate. These ambitions add a structural layer of disagreement within Congress.

Infighting within both political parties, as well as further divergence on policy goals, has also stymied progress. Reynolds explained that the divisions within each party pale in comparison to the gap between the two parties, making bipartisan cooperation increasingly difficult.

A bipartisan effort in the Senate aimed at reforming immigration policy fell apart when Republican presidential candidate Donald Trump opposed it. This setback has made members of Congress more hesitant to tackle challenging issues.

The 118th Congress has been marked by drama and bickering, particularly in the House. In January 2023, House Republicans struggled through 15 rounds of voting to elect California Rep. Kevin McCarthy as Speaker. Less than nine months later, the House voted to oust McCarthy, leading to weeks of paralysis until Louisiana’s Mike Johnson was elected as the new Speaker.

The Senate has spent much of its time confirming President Joe Biden’s nominees and occasionally negotiating necessary items like the annual defense policy bill, government funding measures, and a bill to avoid a national debt default.

A failed bipartisan deal on immigration fell apart in February after Trump opposed it, affecting further negotiations. Senate Republican Leader Mitch McConnell initially supported the deal to move forward an emergency spending bill for Israel, Ukraine, and Taiwan but later reversed his stance.

Congress did eventually pass a $95 billion military and humanitarian aid package in April by adding a TikTok ban – a significant law of the year. However, they have failed to agree on a new five-year farm bill due to differing opinions on nutrition assistance for low-income Americans.

The 78 laws passed by this Congress pale in comparison to previous sessions. The 116th Congress, a divided government, enacted 344 measures, and the 117th Congress, where Democrats had unified control, approved over 360 measures.

Molly Reynolds noted that not all laws are created equal, with some being more impactful than others. She pointed out that Congress used to pass annual government spending bills individually but now often combines them into omnibus packages.

The ineffective 118th Congress has led to a scheduled lame-duck session between the election and the convening of the new Congress, where lawmakers hope to settle overdue government funding bills and the annual defense policy bill.

Members of Congress have different ways of explaining the accomplishments of this session to their constituents. Some, like Maryland Sen. Chris Van Hollen, point to achievements from the previous Congress as well, while others, like Kansas GOP Sen. Jerry Moran, focus on individual accomplishments.

Sen. Chuck Grassley, R-Iowa, criticized the shortened workweeks in Congress compared to his earlier years. “You can’t solve this country’s problems until you get 100 people together, and they’ve got to be together for more than two-and-a-half days a week,” Grassley remarked.