H.R. 1831 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1831 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Bentivolio introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To preserve the constitutional authority of Congress and ensure accountability and transparency in legislation. 1. Short title This Act may be cited as the Read the Bills Act. 2. Text of bill or resolution to specify its constitutional authority and show effects on current law Chapter 2 of title 1, United States Code, is amended by inserting after section 105 the following: 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 not in compliance with subsection (a)(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 those bills or resolutions reported from a committee of either House of Congress, those consisting of a conference report to accompany or bill or resolution, or those offered as a manager’s amendment. (2) Failure to comply Any bill or resolution not complying with subsection (A)(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, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 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 which is designed to amend or modify the effect of, or which 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 amendments being proposed by the bill; and (B) the current section of law as it would read as modified by the amendments proposed, showing deleted text struck through and inserted text underlined. (2) Failure to comply Any bill or resolution not complying with this subsection 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 all bills or resolutions presented for consideration on the floor of either House of Congress, including those reported from a committee of either House of Congress, those consisting of a conference report to accompany a bill or resolution, or those offered as a manager’s amendment. (2) Failure to comply Any bill or resolution not complying with this section 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, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 105c. Text of amendment to set forth current bill (a) Requirement (1) In general Any amendment to a bill or resolution introduced in either House of Congress shall set forth the current section of the bill or resolution as it would read as modified by the amendments proposed, showing deleted text struck through and inserted text underlined. (2) Failure to comply Any bill or resolution not complying with this subsection 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 all bills or resolutions presented for consideration on the floor of either House of Congress, including those reported from a committee of either House of Congress, those consisting of a conference report to accompany a bill or joint resolution, or those offered as a manager's amendment. (2) Failure to comply Any bill or resolution not complying with this section 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, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 105d. Procedures prior to vote on bill or resolution (a) In general A vote on final passage of a bill (except for private bills) or a resolution of a public character may not occur in either House of Congress, unless— (1) the full text of the bill or resolution, or original language and all adopted amendments to the same effect, is published at least 7 days before the vote on the official public Internet site of the Office of the Clerk of the House of Representatives (in the case of a bill or resolution in the House of Representatives) or the Office of the Secretary of the Senate (in the case of a bill or resolution in the Senate), easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions respecting searching, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; and (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official Internet website described in paragraph (1) 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. (b) Roll call No vote on final passage of a bill (except for private bills) or resolution may occur in either House of Congress unless taken by roll call. (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 applicable publishing, notice, and reading requirements under this section have been met. (d) No waiver or modification Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. (e) Exception for Declarations of War This section shall not apply with respect to any bill or resolution which constitutes a declaration of war. 105e. Enforcement (a) In general An Act of Congress that does not comply with sections 105a, 105b, 105c, or 105d 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, United States Code, 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 sections 105a, 105b, 105c, or 105d) may be brought by— (1) any person aggrieved by any action of any officer or employee of the Federal Government under any Act of Congress that does not comply with sections 105a, 105b, 105c, or 105d; and (2) any Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with sections 105a, 105b, 105c, or 105d. . 3. Severability 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. 4. Effective date This Act and the amendments made by this Act shall apply with respect to bills and resolutions introduced or considered during the One Hundred Fourteenth Congress or any succeeding Congress.