PolicyBrief
S. 55
119th CongressJan 9th 2025
Read the Bills Act
IN COMMITTEE

The "Read the Bills Act" mandates that all bills cite constitutional authority, show changes to existing laws, and be publicly available and fully read before a vote, with representatives confirming their presence or personal review, to ensure transparency and informed legislative decisions. This act also allows cause of action against the United States for failure to comply with the requirements of the act.

Rand Paul
R

Rand Paul

Senator

KY

LEGISLATION

Read the Bills Act: Full Text, Online Posting, and Signed Affidavits Now Required Before Congressional Votes

The "Read the Bills Act" aims to force Congress to, well, read the bills. This new law mandates a series of steps before any bill can become law, all designed to increase transparency and make sure lawmakers actually know what they're voting on.

Laying Down the Law (Literally)

The core of the Act revolves around making the legislative process more transparent and deliberate. Here's the breakdown:

  • Cite Your Sources (Constitutionally Speaking): Every bill now needs to explicitly state which part of the Constitution gives Congress the power to enact it. (Sec. 4) No more vague justifications – they have to point to the specific clause. If they don't the bill won't even be accepted. (Sec. 4)
  • Show Your Work: If a bill changes existing law, it has to show the current law, the proposed changes, and the final, amended version. Think of it like a giant 'track changes' document for legislation. This doesn't apply if they're just scrapping a whole section of existing law. (Sec. 4)
  • Online for All to See: The full text of every bill must be posted online for at least 7 days before a vote. (Sec. 4) Plus, there's a 6-day heads-up notice of the vote schedule. (Sec. 4) Basically, no more last-minute surprises.
  • Reading Time: The Clerk of the House or the Secretary of the Senate must read the entire bill aloud in their respective chambers. (Sec. 4) No skipping to the end.
  • Prove You Read It (or Listened): Senators and Representatives have to sign an affidavit, under penalty of perjury, confirming they were either present for the full reading or read the whole bill themselves before voting. (Sec. 4) No affidavit? Then legally, it's like the law was never enacted. (Sec. 4). If you vote no, however, no affidavit is required.

Real-World Ramifications

Let's say a bill proposes changes to trucking regulations. Under this Act, the bill would have to show the current regulations, the proposed changes, and the final version with all the changes incorporated. Trucking companies, drivers, and anyone interested could easily compare the versions and see exactly what's different. The bill would have to get posted a week in advance, and the full text read aloud, so there's no sneaking anything in. And, the people voting would have to confirm they were present for the reading or have read the bill.

The Accountability Angle

This Act isn't just about procedure; it's about holding Congress accountable. If they don't follow these rules, the law has no power. (Sec. 4) And, importantly, it opens the door for lawsuits. Individuals, or even members of Congress, can sue the government if these requirements aren't met. (Sec. 4) This could be a powerful tool for ensuring compliance, but it could also lead to legal challenges aimed at slowing down legislation. The bill also can not be waived or modified by either House of Congress, or Congress acting jointly. (Sec. 4)

Potential Roadblocks

While the goals of transparency and accountability are laudable, this Act could significantly slow down the legislative process. The reading requirement alone could add substantial time, and the potential for lawsuits could create further delays. Also, while the affidavit requirement sounds good, there's no real way to guarantee someone actually read the bill, even if they sign a piece of paper saying they did. And, the definition of 'constitutional authority' is ripe for future legal battles.

Big Picture

The "Read the Bills Act" represents a major shift in how Congress operates. It prioritizes thoroughness and public access over speed and efficiency. Whether this trade-off is worth it, and whether the Act's mechanisms will truly achieve its goals, remains to be seen. It definitely shakes things up, forcing a level of detail and scrutiny that's currently not the norm.