[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 103 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 103
To preserve the constitutional authority of Congress and ensure
accountability and transparency in legislation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2021
Mr. Paul introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To preserve the constitutional authority of Congress and ensure
accountability and transparency in legislation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Read the Bills Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY STATEMENT.
(a) In General.--This Act is enacted pursuant to the power
conferred by the Constitution of the United States upon each House of
Congress by--
(1) article I, section 5, clauses 2 and 3 to determine the
rules and keep a journal of its proceedings, respectively;
(2) article I, section 7, clause 2 to ensure that bills
that become law have been actually passed by, not just passed
through, each House of Congress; and
(3) article I, section 8, clause 18, which authorizes
Congress to make all laws that are necessary and proper for
carrying into execution the rules of each House of Congress.
(b) Standing Provision.--The provision of this Act under which any
person who is aggrieved by the enforcement of any law enacted either in
violation of the rules of proceedings of either House of Congress, or
by the suspension of the rules, as prescribed herein, shall have
standing in a court of law, is enacted pursuant to article III, section
2 of the Constitution of the United States.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Constitution of the United States vests all
legislative powers granted therein in Congress.
(2) Each Member of Congress is elected by the people to
whom the Member is accountable, and Members must represent the
people of their respective State or District in exercising
their legislative powers.
(3) Establishing a Government of enumerated powers, article
I, section 1 of the Constitution of the United States obliges
Congress to exercise only those legislative powers provided for
in the Constitution of the United States, and article VI of the
Constitution of the United States requires that each Member of
Congress be bound by oath or affirmation to support the
Constitution of the United States by enacting only those laws,
and making only those resolutions, that are pursuant to the
Constitution of the United States and not prohibited thereby.
(4) To ensure that Congress is politically and legally
accountable to the people, article I, section 5 of the
Constitution of the United States requires each House of
Congress to keep a journal of its proceedings and from time to
time publish the same.
(5) To ensure that no legislation is passed without
effective representation of the interests of the people by the
elected Members of Congress, article I, section 7 of the
Constitution of the United States provides that only a bill
``which shall have passed the House of Representatives and the
Senate,'' and not vetoed by the President, shall ``become a
law''.
(6) According to section I of the Manual of Parliamentary
Practice for the Use of the Senate of the United States,
written by Thomas Jefferson in 1801 (referred to in this
section as ``Jefferson's Manual''), ``nothing tended more to
throw power into the hands of administration and those who
acted with the majority . . . than a neglect of, or departure
from, the rules of proceeding [which] operated as a check and
control of the actions of the majority [and] a shelter and
protection to the minority''.
(7) According to sections XXII and XL of Jefferson's
Manual, it was the rule of the Senate that every bill receive 3
readings, 2 full readings by the Clerk of the Senate, and a
third reading of the title of the bill only, because ``every
member of the Senate had a printed copy [of the bill] in his
hand.''.
(8) According to sections XXIV, XXV, and XL of Jefferson's
Manual, it was the rule of the House of Representatives,
following the parliamentary procedure of the English House of
Commons, that every bill receive 2 full readings by the Clerk
of the House of Representatives, and a reading of the whole
contents of the bill verbatim by the Speaker of the House of
Representatives before the House of Representatives voted on
the bill.
(9) Under the current rules of the Senate, the Senate has
departed from its original practice of a full first and second
reading of each bill, and of ensuring that each Senator has a
printed or other verbatim copy of each bill before passage
thereof, having by rule XIV of the Standing Rules of the Senate
limited each reading of a bill to the reading of the title of
the bill only, unless the Senate in any case shall otherwise
order.
(10) Under the current rules of the House of
Representatives, the House of Representatives has by rule XVI
(8) and rule XVIII (5) embraced its original practice of full
first and second readings of each bill, but has regularly
departed from this practice by unanimous consent of the House
of Representatives, and has dispensed altogether its original
practice of a verbatim third reading of each bill before
passage, limiting such third reading to the reading of the
title only, including the reading of the title only even when
Members of the House of Representatives have no printed or
other verbatim copy of the bill before passage.
(11) Although section 106 of title 1, United States Code,
requires a bill to be made available in written form to each
Member of Congress before final passage, Congress has by
statute conferred upon itself the power, during the last 6 days
of a session of Congress, by concurrent resolution, to vote for
passage of a bill that is not in written form at the time of
final passage.
(12) As a direct consequence of the departure of the Senate
and the House of Representatives from the salutary practice of
full, verbatim readings of each bill before final passage, and
further, as a direct consequence of Congress, by concurrent
resolution and otherwise, having permitted certain
appropriation, budget, and regulatory bills to be enacted into
law without such bills being printed and presented to Congress
in written form prior to final passage, Congress has--
(A) imposed upon the people of the United States
excessively long bills, largely written by an unelected
bureaucracy, resulting in generally incomprehensible,
cumbersome, oppressive, and burdensome laws, containing
hidden provisions for special interests;
(B) deprived the people of the United States and
their elected Senators and Members of a full and fair
opportunity to examine the text of bills, and all
amendments thereto, prior to passage;
(C) undermined the confidence of the people of the
United States as a result of its failure to provide
adequate notice to the people before a vote is taken on
the bills and amendments thereto; and
(D) called into question the integrity and
reliability of the legislative processes in both Houses
of Congress by its failure to ensure that each Senator
and each Member of the House of Representatives has,
prior to passage, either listened attentively to the
reading of the full text of each bill, and amendments
thereto, or has personally read the text thereof.
(13) Federal law currently sets forth various requirements
relating to the form of bills and resolutions, and the
procedure for enacting laws, including--
(A) the form of the enacting clause of all Acts of
Congress (section 101 of title 1, United States Code);
(B) the form of the resolving clause of all joint
resolutions (section 102 of title 1, United States
Code);
(C) a limitation on the use of enacting or
resolving words (section 103 of title 1, United States
Code);
(D) the requirement regarding the numbering of
sections and the requirement that each contain a single
proposition (section 104 of title 1, United States
Code);
(E) the style and title for all bills making
appropriations (section 105 of title 1, United States
Code); and
(F) the process by which each bill or joint
resolution is handled after passage (section 106 of
title 1, United States Code).
SEC. 4. TEXT OF BILL OR RESOLUTION TO SPECIFY ITS CONSTITUTIONAL
AUTHORITY, CURRENT LAW.
Chapter 2 of title 1, United States Code, is amended by inserting
after section 105 the following:
``Sec. 105a. Text of bill or resolution to specify its constitutional
authority
``(a) Requirement.--
``(1) In general.--Any bill or resolution introduced in
either House of Congress shall contain a provision citing the
specific powers granted to Congress in the Constitution of the
United States to enact the proposed bill or resolution,
including all the provisions thereof.
``(2) Failure to comply.--Any bill or resolution that does
not comply with paragraph (1) shall not be accepted by the
Clerk of the House of Representatives or the Secretary of the
Senate.
``(b) Floor Consideration.--
``(1) In general.--The requirements of subsection (a)(1)
shall apply to any bill or resolution presented for
consideration on the floor of either House of Congress,
including a bill or resolution reported from a committee of
either House of Congress, produced by conference between the 2
Houses of Congress, or offered as a manager's amendment.
``(2) Failure to comply.--Any bill or resolution that does
not comply with paragraph (1) shall not be submitted for a vote
on final passage.
``(c) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, unanimous consent, or any
other order, resolution, vote, or other means, may dispense with, or
otherwise waive or modify, the requirements under this section.
``Sec. 105b. Text of bill or resolution to set forth current law
``(a) Requirement.--
``(1) In general.--Any bill or resolution introduced in
either House of Congress that is intended to amend or modify
the effect of, or would have the effect of amending or
modifying the effect of, any current provision of law,
including the expiration date of any law, shall set forth--
``(A) the current version of the entire section of
the current law that the bill or resolution proposes to
amend, verbatim;
``(B) the amendments proposed in the bill or
resolution; and
``(C) the section of law as it would read as
modified by the amendments proposed, except that this
subparagraph shall not apply to any bill or resolution
that would strike the text of an entire section of a
law.
``(2) Failure to comply.--Any bill or resolution that does
not comply with paragraph (1) shall not be accepted by the
Clerk of the House of Representatives or the Secretary of the
Senate.
``(b) Floor Consideration.--
``(1) In general.--The requirements under subsection (a)(1)
shall apply to any bill or resolution presented for
consideration on the floor of either House of Congress,
including a bill or resolution reported from a committee of
either House of Congress, produced by conference between the 2
Houses of Congress, or offered as a manager's amendment.
``(2) Failure to comply.--Any bill or resolution that does
not comply with paragraph (1) shall not be submitted to a vote
on final passage.
``(c) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, unanimous consent, or any
other order, resolution, vote, or other means, may dispense with, or
otherwise waive or modify, the requirements under this section.
``Sec. 105c. Procedures prior to vote on bill or resolution
``(a) In General.--
``(1) Requirements for vote.--A vote on final passage of a
bill (except for private bills) or a resolution may not occur
in either House of Congress, unless--
``(A) the full text of the bill or resolution is
published at least 7 days before the vote on an
official internet website of each House of Congress,
easily available to and readily usable by the public,
using an open format that is platform independent,
machine readable, and available without restrictions on
searchability, retrieval, downloading, and indexing,
separate and apart from the calendar of the Senate or
the House of Representatives;
``(B) public notice of the specific calendar week
during which the vote is scheduled to take place is
posted on the official internet websites described in
subparagraph (A) not less than 6 days before the Monday
of the calendar week during which the vote is scheduled
to take place, with failure to take the vote during the
noticed week requiring a new notice under this
subparagraph; and
``(C) except as provided in paragraph (2), the
Clerk of the House of Representatives or the Secretary
of the Senate has read the full text of the bill or
resolution, verbatim, to the respective body of each
House of Congress, which have been called to order and
physically assembled with a constitutionally required
quorum to do business being present throughout the time
of the full reading of the text of the bill or
resolution.
``(2) If a bill or resolution is enrolled by either the
House of Representatives or the Senate, for any subsequent
consideration of the enrolled bill or resolution--
``(A) it is not necessary for the full text of the
bill or resolution to be reread to the House of
Congress in which the bill or resolution passed; and
``(B) the full text of any amendment to the text of
the enrolled bill or resolution shall be read,
verbatim, to each House of Congress.
``(b) Affidavit.--
``(1) In general.--Before voting in favor of final passage
of a bill (except a private bill) or resolution, each Senator
and each Member of the House of Representatives, except as
provided in paragraph (2), shall sign an affidavit executed
under penalty of perjury under section 1621 of title 18
attesting that the Senator or Member--
``(A) was present throughout the entire reading of
each such bill or resolution, and listened attentively
to such reading in its entirety; or
``(B) prior to voting for passage of such bill or
resolution, read attentively each such bill or
resolution in its entirety.
``(2) Vote against passage.--A Senator or a Member of the
House of Representatives shall not be required to sign an
affidavit described in paragraph (1) if the Senator or Member
voted against passage of the bill or resolution.
``(3) Records.--Copies of each affidavit described in
paragraph (1) signed by a Senator or a Member of the House of
Representatives shall be maintained by the Secretary of the
Senate or the Clerk of the House of Representatives,
respectively.
``(c) Journal.--With respect to each vote on final passage of a
bill (except for a private bill) or resolution, each House of Congress
shall cause to be recorded in the journal of its proceedings that the
publishing, notice, reading, and affidavit requirements under this
section have been satisfied.
``(d) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, unanimous consent, or any
other order, resolution, vote, or other means, may dispense with, or
otherwise waive or modify, the requirements set forth in this section.
``Sec. 105d. Enforcement clause
``(a) In General.--An Act of Congress that does not comply with
section 105a, 105b, or 105c shall have no force or effect and no legal,
equitable, regulatory, civil, or criminal action may be brought under
such an Act of Congress.
``(b) Cause of Action.--Without regard to the amount in
controversy, a cause of action under sections 2201 and 2202 of title 28
against the United States seeking appropriate relief (including an
injunction against enforcement of any law, the passage of which did not
conform to the requirements of section 105a, 105b, or 105c) may be
brought by--
``(1) a person aggrieved by an action of an officer or
employee in the executive branch of the Federal Government
under an Act of Congress that did not comply with sections
105a, 105b, and 105c;
``(2) a Member of Congress aggrieved by the failure of the
House of Congress of which the Member is a Member to comply
with section 105a, 105b, or 105c; and
``(3) a person individually aggrieved by the failure of a
Senator for the State in which the aggrieved person resides or
by the failure of a Member of the House of Representatives for
the District in which the aggrieved person resides to fulfill
the obligations of the Senator or Member under section 105a,
105b, or 105c.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
The table of sections for chapter 2 of title 1, United States Code,
is amended by inserting after the item relating to section 105 the
following:
``105a. Text of bill or resolution to specify its constitutional
authority.
``105b. Text of bill or resolution to set forth current law.
``105c. Procedures prior to vote on bill or resolution.
``105d. Enforcement clause.''.
SEC. 6. SEVERABILITY CLAUSE.
If any provision of this Act or an amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid for any reason in any court of
competent jurisdiction, the remainder of this Act and amendments made
by this Act, and the application of the provisions and amendment to any
other person or circumstance, shall not be affected.
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