Despite a terrible reputation as a do-nothing Congress, Capitol Hill has actually been pretty productive, with lawmakers notching an average year for debating and passing bills, according to The Washington Times’ Legislative Futility Index.
Indeed, it has been the best year since 2010 — the last year Democrats controlled both chambers of Congress and had free rein to push through their priorities.
Lawmakers will have a chance to improve their record this month in what is expected to be a short and spastic burst of legislating on everything from Internet tax policy to federal subsidies for manufacturing to a stopgap spending bill keeping the government open past a Sept. 30 deadline.
The House and Senate hope to be in session for little more than two weeks before lawmakers head home to campaign for November’s elections. The heavy legislative lifting will be leavened with political show votes, including an effort by Senate Democrats to amend the Constitution to rein in campaign speech, and House Republicans’ planned vote to officially disapprove of Mr. Obama’s decision to swap five Taliban fighters for Army Sgt. Bowe Bergdahl.
Congress also may debate whether to commit more U.S. forces to the fight against Islamic militants who are advancing in Syria and Iraq.
Senate Majority Leader Harry Reid sounded less than optimistic Monday about the chances of getting much done this month, saying he expected a Republican stonewall.
“The last two years, they have been experts at stalling everything,” he said on the chamber floor.
Last year was indeed the worst year on the record, according to The Times’ futility index. It tracks legislation to the late 1940s, which is as far back as the Congressional Record has kept data.
This year, things have been looking up. President Obama had signed 70 bills into law by July 31, putting the number in the top half of the past 26 years. Both chambers have increased the number of bills they have passed and the number of floor votes they have held through the end of July.
Congress also has cleared several conference reports, including a long-fought agriculture bill, a water projects bill and major legislation to revamp the Veterans Affairs Department. That bill included some substantial compromises on each side yet earned overwhelming support.
Those accomplishments, though, have done little to tamp down the gridlock talk.
House Democrats accuse the Republican majority of running one of the most unproductive sessions of Congress in history.
Meanwhile, House Republicans point to more than 340 bills they have cleared through their chamber that are awaiting action in the Senate. They blame Mr. Reid for the holdup.
They even created a Twitter hashtag, #StuckInTheSenate, to highlight their frustration, and devoted one of their August weekly radio addresses to it.
“Our bills are piling up on Harry Reid’s desk, collecting dust,” said Rep. Doug Collins, Georgia Republican.
The futility index measures time spent in session by each chamber, the number of pages added to the Congressional Record, the number of bills that clear each chamber, the total that get signed into law, the number of votes held and total conference report agreements reached.
Some conservatives argue that gridlock is good and congressional action should be rare.
Others counter that with spending on autopilot and with Mr. Obama advancing his agenda through unilateral action, legislating is necessary.
Though not calculated as part of the futility index, the Senate made major progress in confirming judicial nominees and is poised for a record year on that score, according to an analysis by the Congressional Research Service.
As of Sept. 1 the Senate had confirmed 61 judges this year, and eight more could be confirmed over the next couple of weeks if Mr. Reid forces votes.
That would surpass the record of 64 judges confirmed in a president’s sixth year in office, the Congressional Research Service said.
Confirmations have been aided by Mr. Reid’s use of the “nuclear option” last year, which made it easier for the majority party to overcome filibusters on almost all presidential nominations.
On legislation, however, Republicans have increased their number of successful filibusters, with 14 so far this year — six more than at the same point in 2013.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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