What Percent Of Bills Become Laws?

In the United States legislative process, a surprisingly small percentage of proposed bills ever become law. Understanding the factors influencing this low conversion rate offers insights into the workings of Congress and the complexities of lawmaking. This article explores the legislative process in depth, examining the stages a bill must go through and the challenges it faces before becoming law.

Introduction to the Bill-to-Law Conversion Rate

A high volume of bills is introduced in each session of Congress, but only a small fraction become laws. The reasons for this vary, including political divisions, procedural hurdles, and the influence of public opinion and interest groups. The journey from a proposed bill to an enacted law is arduous, requiring negotiation and compromise at every stage.

The Legislative Landscape: How Many Bills Are Introduced?

Congress, consisting of the House of Representatives and the Senate, meets in two-year sessions during which thousands of bills are introduced. In a typical session, around 10,000 to 12,000 bills are proposed across both chambers. These bills cover a wide range of issues, from minor procedural matters to major policy initiatives.

Each bill represents a legislative proposal that a member of Congress believes is necessary to address a particular issue. However, the sheer volume of bills means that many are never seriously considered. They may serve symbolic purposes, reflecting a lawmaker’s policy priorities or fulfilling promises made to constituents.

What Is the Average Conversion Rate of Bills?

The percentage of bills that actually become laws is notably low. In a typical two-year session of Congress, only about 3-5% of the introduced bills are enacted into law. For example, in the 116th Congress (2019-2020), over 16,000 bills were introduced, but fewer than 450 became law, reflecting an approximate conversion rate of 2.8%.

This low conversion rate raises important questions about the legislative process and the factors that contribute to a bill’s success or failure.

See also: What Are The 7 Steps Of A Bill Becoming A Law?

The Stages of the Legislative Process

The path from bill introduction to enactment involves multiple stages, each with its own set of challenges. Understanding these stages is essential to grasp why such a small percentage of bills become laws.

Introduction and Referral to Committee

The legislative process begins when a bill is introduced by a member of Congress. After introduction, it is assigned to a relevant committee based on its subject matter. Committees are specialized bodies within Congress that handle specific policy areas, such as education, defense, or healthcare.

Once referred to a committee, the bill undergoes an initial review. The committee chairperson decides whether the bill will be considered or ignored. If the chairperson chooses not to act, the bill effectively dies at this stage, which happens to many proposed bills.

Committee Hearings and Markup

If the committee decides to move forward with the bill, hearings are held where experts, stakeholders, and the public provide testimony on the bill’s merits. Following the hearings, the committee may hold a markup session where members debate, amend, and rewrite portions of the bill.

The markup stage is critical because it allows committee members to make changes that can address concerns or gain broader support. However, bills that fail to win enough support in committee are often abandoned at this stage.

Challenges Bills Face After Committee Approval

Even if a bill passes through committee, it still faces significant obstacles before becoming law. The next stages—floor debate, voting, and reconciling differences between the House and Senate versions—can be particularly challenging.

Floor Debate and Voting

Once a bill passes out of committee, it moves to the floor of the House or Senate for debate and voting. In the House, the Rules Committee sets the terms of debate, including how much time will be allocated and whether amendments can be offered. The Senate, on the other hand, allows for more open debate, with fewer restrictions on amendments.

During the debate, members of Congress express their views on the bill, and amendments may be proposed. These amendments can significantly alter the bill’s content and may either increase or decrease its chances of passing. After debate concludes, the bill is put to a vote. If a majority of members in the chamber support the bill, it moves to the other chamber of Congress.

However, even if a bill passes one chamber, it must still go through a similar process in the other chamber. Many bills that pass the House, for example, fail to gain traction in the Senate and vice versa.

Conference Committees and Reconciling Differences

If both chambers pass different versions of the same bill, a conference committee is formed to reconcile the differences. The conference committee is made up of members from both the House and Senate who work together to create a unified version of the bill.

This stage can be contentious, especially if the two chambers have significant disagreements on key provisions. The final version of the bill must be approved by both the House and Senate before it can be sent to the President for signature. Failure to reach an agreement at this stage can result in the bill dying, even if it passed both chambers in some form.

Presidential Action and Veto Power

After a bill successfully passes both chambers of Congress, it is sent to the President, who plays a crucial role in determining its fate.

Signing the Bill Into Law

If the President approves the bill, they sign it into law. Once signed, the bill is enacted, and its provisions take effect according to the specified timeline. This is the final step in the legislative process, and at this point, the bill has officially become law.

Veto and Veto Override

However, the President may also choose to veto the bill, rejecting it and sending it back to Congress. A vetoed bill can still become law if both the House and Senate override the veto with a two-thirds majority in each chamber.

The veto power is a significant check on Congress’s legislative authority. It allows the President to block legislation that they believe is unnecessary or harmful. Overriding a veto is difficult, as it requires broad bipartisan support, which is often hard to achieve.

The Pocket Veto

The President also has the option of a pocket veto. If Congress adjourns within 10 days of presenting a bill to the President and the President takes no action, the bill does not become law. This method allows the President to quietly veto a bill without the possibility of an override.

Factors Contributing to Low Bill-to-Law Conversion Rates

Several factors contribute to the low percentage of bills that become laws. Understanding these factors provides deeper insight into the challenges of the legislative process.

Political Polarization

One of the most significant obstacles to the passage of legislation is political polarization. In recent years, deep divisions between the two major political parties have made it increasingly difficult to pass bills, especially on contentious issues. Partisan gridlock often leads to bills being stalled or abandoned, contributing to the low conversion rate.

Legislative Priorities and Time Constraints

Congress has limited time to consider the thousands of bills introduced each session. Lawmakers must prioritize certain issues, meaning that many bills, especially those deemed less urgent or politically viable, receive little attention. As a result, bills that do not align with the legislative agenda often fail to advance.

The Role of Lobbying and Interest Groups

Lobbying and interest groups play a significant role in the legislative process. These groups often advocate for or against specific bills, influencing the likelihood of a bill’s passage. While lobbying can help garner support for a bill, it can also generate opposition, making it harder for some bills to advance.

Procedural Hurdles

The legislative process is designed with multiple checks and balances, each serving as a potential hurdle for a bill. From committee consideration to floor debate and reconciliation, bills must pass through several stages where they can be delayed, amended, or rejected. These procedural steps contribute to the high attrition rate of proposed bills.

Historical Trends and Notable Examples

While the percentage of bills that become laws is generally low, there are notable examples of successful legislation that overcame the odds. Examining these cases can provide valuable insights into the factors that contribute to a bill’s success.

The Affordable Care Act

One of the most significant pieces of legislation in recent history is the Affordable Care Act (ACA), which became law in 2010. Despite facing intense political opposition and numerous procedural challenges, the ACA passed through both chambers of Congress and was signed into law by President Obama. The bill’s success was due in large part to strong advocacy, strategic negotiation, and the alignment of legislative priorities.

The Tax Cuts and Jobs Act

Another example is the Tax Cuts and Jobs Act, passed in 2017. This legislation significantly overhauled the U.S. tax code and was a major priority for the Republican Party. The bill’s success illustrates how aligning a bill with the ruling party’s agenda can increase its chances of becoming law, even in a polarized political environment.

Conclusion

While the percentage of bills that become laws is relatively low, this reflects the rigorous and complex nature of the U.S. legislative process. Each stage, from introduction to presidential action, is designed to ensure careful consideration and debate, allowing only a select number of bills to pass through the system. Political, procedur