Read the Bills Act

Bill Number

S. 55

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Congress

Status

Introduced

Latest Action

2025-01-09: Read twice and referred to the Committee on Rules and Administration.

Last Updated

2025-02-10T20:39:17Z

AI-Generated Summary

Purpose

The "Read the Bills Act" (S. 55) aims to restore and enforce constitutional principles of legislative transparency and accountability. It requires that all bills and resolutions in Congress be fully disclosed, read, and justified under the U.S. Constitution before passage, preventing rushed or opaque lawmaking that could undermine public trust and representation.

Key Provisions

• Constitutional Authority Requirement (Section 105a): Every bill or resolution must include a statement citing specific powers granted to Congress in the Constitution. Clerks cannot accept non-compliant bills for introduction, and they cannot be voted on in floor proceedings. No waivers are allowed by either House or Congress as a whole.

• Disclosure of Current Law for Amendments (Section 105b): Bills that amend existing laws must verbatim quote the full current section of law, show the proposed changes, and display how the law would read after amendments (except if striking an entire section). Non-compliant bills are rejected at introduction and cannot proceed to a floor vote. No waivers permitted.

• Pre-Vote Procedures (Section 105c): Before a final vote on a bill or resolution (excluding private bills):
• The full text must be published on official congressional websites at least 7 days in advance, in an open, machine-readable format accessible to the public, separate from legislative calendars.
• Public notice of the voting week's schedule must be posted at least 6 days before that week begins; missing the week requires new notice.
• The full text must be read verbatim to the assembled House or Senate (with a quorum present), unless members personally read it. For enrolled bills (final versions), re-reading is not required in the originating chamber, but amendments must be read fully in both.
• Each voting member (except those voting against) must sign an affidavit under penalty of perjury confirming they either attended the full reading or personally read the bill entirely. Affidavits are kept on record, and journals must note compliance.
• No waivers or modifications allowed.

• Enforcement (Section 105d): Laws passed without meeting these requirements have no legal effect—no actions (civil, criminal, etc.) can be based on them. Aggrieved individuals, including citizens affected by executive enforcement, members of Congress, or constituents, can sue in federal court for relief like injunctions (under the Declaratory Judgment Act). This creates standing (legal right to sue) for such challenges.

• Other Elements: Includes a severability clause (invalid parts do not affect the whole) and technical updates to the U.S. Code table of contents. The act cites constitutional bases like Article I (legislative powers, rules, and journals) and Article III (judicial standing).

Significant Changes to Existing Law

• Adds new sections (105a–105d) to Chapter 2 of Title 1, U.S. Code, which currently covers only basic bill formatting and post-passage procedures (e.g., sections 101–106 on enacting clauses, numbering, and enrollment).
• Mandates explicit constitutional citations and amendment disclosures, which are not currently required—bills often proceed without them.
• Reinstates stricter reading rules, reversing modern practices where readings are limited to titles only (e.g., Senate Rule XIV; House Rules XVI and XVIII allow dispensations by unanimous consent). It also ends the allowance under 1 U.S.C. § 106 for passing bills without written form in the last 6 days of a session via concurrent resolution.
• Introduces affidavits and public online publication with advance notice, going beyond current journaling requirements in Article I, Section 5, and ensuring machine-readable access not previously standardized.
• Prohibits all waivers, contrasting with existing flexibility for unanimous consent or resolutions to bypass procedures.

Potential Impacts

• On Government Agencies: Executive branch agencies may face delays in implementing new laws due to slower legislative timelines and potential court challenges to non-compliant statutes, reducing reliance on rushed or unclear laws. This could increase litigation against enforcement actions.

• On Citizens: Enhances public access to legislation through mandatory online publication and notice, allowing more time (at least 7 days) for review and input. It may reduce "hidden" provisions in long bills, fostering greater trust in government but potentially slowing responses to urgent issues like emergencies.

• On International Relations: Minimal direct impact, though it could affect timely passage of foreign policy or trade bills, indirectly influencing U.S. commitments abroad if processes are prolonged.

Overall, the act promotes deliberate lawmaking, potentially leading to shorter, clearer bills but at the cost of legislative efficiency.

Main Stakeholders Affected

• Members of Congress: Senators and Representatives must comply with readings, affidavits, and disclosures, increasing personal accountability but burdening their workload.
• The Public and Citizens: Gain better transparency and standing to challenge flawed laws, empowering constituents to hold representatives accountable.
• Executive Branch Officials: Affected by unenforceable laws and potential injunctions, requiring verification of legislative compliance before acting.
• Courts and Judiciary: Will handle new lawsuits from aggrieved parties, expanding judicial oversight of congressional procedures.
• Legislative Staff (Clerks and Secretaries): Responsible for enforcing rejections and record-keeping, shifting administrative duties.

Notable Legal, Constitutional, or Political Implications

• Constitutional: Reinforces Article I's vesting of legislative power in Congress, emphasizing rules for proceedings (Section 5), passage requirements (Section 7), and enumerated powers (Section 8). It draws on historical practices like Jefferson's Manual to argue against deviations that erode minority protections and public representation. The standing provision under Article III expands access to courts for procedural violations.

• Legal: Creates a high bar for valid laws, with non-compliance rendering them void—a strong enforcement mechanism not previously codified. Perjury penalties for affidavits deter non-reading, and severability ensures the act's core survives challenges. However, it may invite constitutional disputes over whether Congress can bind its own future rules without violating separation of powers.

• Political: Could politicize votes by requiring public scrutiny and personal attestations, discouraging omnibus bills (large packages combining unrelated issues) favored for logrolling (trading votes). It promotes bipartisanship through deliberation but may frustrate majority parties seeking quick passage, potentially leading to gridlock on time-sensitive matters. Critics might view it as a tool for obstruction, while supporters see it as curbing bureaucratic overreach in bill drafting.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Paul, Rand [R-KY]

Recent Actions

• 2025-01-09: Read twice and referred to the Committee on Rules and Administration.
• 2025-01-09: Introduced in Senate

Bill Versions

• Read the Bills Act — issued 2025-01-09 — PDF (16 pages)