Congress returned to work on Monday with a full plate — a threatened government shutdown over the budget, a pending border security deal and considering aid for wars in Gaza and Ukraine.
But the tumultuous 118th Congress got very little done in its first year, passing a fraction of the legislation enacted by their predecessors.
In the past five Congresses, legislators passed an average of 355 bills during the two-year congressional term. But members of the 118th Congress have passed only 34 bills that have been enacted so far.
“Congress tends to pass more bills in the second (year), particularly as it is coming to a close and members have to face the electorate,” Jack Pitney, a professor of American politics at Claremont McKenna College wrote in an email.
According to GovTrack.us, which collects statistics on congressional activity, about half of all the legislation that is enacted is signed by the president in the last three months of the two-year congressional term. If that holds true for the 118th Congress, there should be a big spike in bills being signed starting in October this year.
“It’s like cramming for finals,” Pitney wrote.
Still, on average, Congress as a whole passes about a third of all legislation signed in a two-year term by the end of the first year. If the 118th Congress keeps at its current pace, that would mean it is on track to see a total of 102 bills signed into law.
Unless something dramatic happens, Congress will pass fewer laws than any other in 50 years. The 112th Congress, which held office from 2011 through 2013, was the previous least-productive Congress to date. It still enacted 284 bills, a number the 118th Congress seems unlikely to reach.
“This Congress is like a group project where nobody likes anybody else, and the members cannot even agree on what the project is about,” Pitney said.
Election year politics might spur Congress into action — or prevent it from happening at all.
“It’s possible that the members can avoid a shutdown, if only because many of them understand that they might pay a price at the polls,” Pitney said. “There is even an outside chance for some movement on the border crisis, since Biden and centrist Democrats understand that they have to do something about it. Then again, a lot of Republicans would rather have an issue than a law, so they might not take yes for an answer.”
The 118th Congress began with members of the House of Representatives unable to choose a speaker, who is required for legislation to move through the House. It took 15 rounds of votes — the most in 164 years — before Rep. Kevin McCarthy , R-Bakersfield, could claim the gavel. Nine months later, he was out — the first speaker to ever be voted out by their colleagues — after he agreed to work with Democrats to keep the federal government open in late September.
“There long has been a problem with Republican speakers hanging onto their positions when they have had to cut deals to get budgets passed,” Marcia Godwin, a professor of public administration at the University of La Verne, wrote in an email. “Speaker McCarthy may have been the first to be voted out of his position, but (previous GOP speakers) John Boehner and Paul Ryan both faced considerable intraparty conflict,” trying to keep the peace with hardline Republicans while getting legislation passed.
The way Democrats responded to McCarthy’s fragile grip on the speaker’s gavel may have made things worse, according to Godwin.
“It is stating the obvious that the House Republicans lacked clear unity within their ranks and squandered time in 2023 with two protracted speaker elections,” she wrote. “The House Democrats might have done more harm than good in opposing McCarthy and damaging trust with Republican members of the bipartisan Problem Solvers Caucus,” which seeks to work across party lines to get legislation passed.
Rep. Pete Aguilar, D-San Bernardino, the former mayor of Redlands turned third-ranking Democrat in the House, previously told the Southern California News Group that the Democrats had no obligation to help Republicans out of a hole they’d dug for themselves.
“This is all because of Republican in-fighting and chaos,” Aguilar said in October 2023. “They can’t select a leader, because no one is going to be extreme enough in this Donald Trump era.”
After three more weeks of turmoil, during which little could get done, Congress selected Trump ally Rep. Mike Johnson, R-Louisiana, as its next speaker.
By the end of 2023, very little legislation moved through the House and Senate to the president’s desk to be signed into law. And only three members of the Inland Empire delegation managed it.
Wounded Warrior Access Act
Aguilar sponsored H.R. 1226, the Wounded Warrior Access Act. The law requires the federal Department of Veterans Affairs to provide an online tool to make records requests related to VA claims or benefits.
“Veterans need a simple way to access their information during the claims process and should not have to jump through hoops to get that information,” Aguilar is quoted as saying in a news release issued by his office in March, when the bill unanimously passed the House. “My bill is a commonsense solution that cuts through the red tape to make life easier for veterans in the Inland Empire and across the country.”
Biden signed the bill into law on Nov. 13.
“I am proud to reflect on our work to serve the Inland Empire,” Aguilar is quoted as saying in an email sent to constituents on Jan. 1, which largely focused on non-legislative achievements. “I continued to focus on the issues that matter most to hardworking families: fighting to lower costs, make health care accessible, and boost our local economy. I also continued to fight on behalf of the students, veterans and seniors of the Inland Empire.”
Pala Band of Mission Indians Land Transfer Act of 2023
Rep. Darrell Issa, R-Bonsall, sponsored H.R. 423, the Pala Band of Mission Indians Land Transfer Act of 2023. It adds 720 acres of ancestral land in San Diego County to the Pala Band of Mission Indians’ reservation.
“With the enactment of the Pala Act, historic lands belonging to the Pala Tribe will now be preserved in perpetuity,” Issa is quoted as saying in a news release issued by his office in July. “I am proud to partner with the Pala Tribe on this important step to protect their lands and safeguard their culture for future generations.”
Biden signed the bill into law on July 28.
Korean American VALOR Act
Rep. Mark Takano, D-Riverside, the ranking member of the House Committee on Veterans’ Affairs, sponsored H.R. 366, the Korean American VALOR Act. (“VALOR” stands for “Vietnam Allies Long Overdue for Relief.”) The law makes certain members of the South Korean military who served in Vietnam between 1962 and 1975 eligible for VA benefits.
“Today, the United States is a step closer to ensuring every veteran can receive the care and services they have rightfully earned,” Takano is quoted as saying in a news release issued by his office in November. “Heroes who served alongside our military in Vietnam now qualify for the same benefits as their American counterparts. I applaud President Biden to opening the VA to more veterans who have served to defend our country.”
The VA has provided healthcare benefits to veterans of military forces allied with the United States during World War I and World War II since 1958. H.R. 366 expands that policy to the Vietnam War for the first time.
The president signed the bill into law on Nov. 13.
Looking ahead
But all is not lost for the 118th Congress, according to Godwin.
“The second year is often more productive since the groundwork is laid during the first year,” she wrote. “There is also the possibility of bills passing during the lame duck session after the 2024 election when outgoing members may be less fearful about reaching across the aisle.
“A whole lot depends on Speaker Johnson’s priorities and whether he wishes to go beyond budget bills to trying to pass legislation that will make it all the way to a presidential signature,” Godwin continued. “He needs Democratic support to pass budget bills, but he can’t afford to lose credibility with a smallish group of Republicans who could determine his fate.”
Otherwise, Johnson could go on to become the second speaker voted out of office, following McCarthy last year.
The 118th Congress concludes Jan. 2, 2025.
More on Inland Empire legislators in Congress
