What This Bill Does
This bill changes Senate rules to require that bills, resolutions and conference reports (proposed final versions of bills that both chambers must vote on) be publicly available online before the Senate can vote on them. The bill also requires that a cost estimate from Congress be available for 24 hours before a vote happens.
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Who It Affects
- Members of the U.S. Senate
- The public (who would have access to bill text online)
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Key Provisions
* The Senate cannot consider any bill, joint resolution (a type of proposed law), resolution or conference report unless the full text has been publicly available online for a set minimum period (Sec. 1(a))
* Each Senator must officially state that they have read a bill before voting on it (Sec. 1(a))
* The minimum review period is the longer of either: 2 minutes per page of the bill's text, or 72 hours (3 days) after the text is first made public online (Sec. 1(a))
* A cost estimate for bills must be available for at least 24 hours before the Senate votes on them (Sec. 2(a))
* Two-thirds of the Senate can vote to waive or suspend these requirements (Sec. 2(b))
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What Changes
Senate rules get updated to require electronic publication of bill text before votes. Several existing Senate rules are changed to reference the new mandatory minimum review period instead of the old timeframes they previously used.
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Important Definitions
* "Mandatory minimum review period" means the longer of either 2 minutes per page of text or 72 hours after the bill text is first published online (Sec. 1(a))
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Effective Date
Not specified in bill text
III
118TH CONGRESS
1ST SESSION
S. RES. 18
Amending the Standing Rules of the Senate to prohibit the consideration
of legislation in the Senate unless the text of the legislation that will
be considered has been made publicly available in electronic form for
a mandatory minimum review period.
IN THE SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. SCOTT of Florida (for himself, Mr. MARSHALL, Mr. HAWLEY, and Ms.
ERNST) submitted the following resolution; which was referred to the
Committee on Rules and Administration
RESOLUTION
Amending the Standing Rules of the Senate to prohibit the
consideration of legislation in the Senate unless the text
of the legislation that will be considered has been made
publicly available in electronic form for a mandatory
minimum review period.
Resolved,
1
SECTION 1. PROHIBITING CONSIDERATION OF TEXT OF
2
LEGISLATION UNTIL COMPLETION OF MAN-
3
DATORY MINIMUM REVIEW PERIOD.
4
(a) IN GENERAL.—Rule XII of the Standing Rules
5
of the Senate is amended by adding at the end the fol-
6
lowing:
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•SRES 18 IS
‘‘(5)(a) It shall not be in order to consider a
1
bill, joint resolution, resolution, or conference report
2
unless the text of the bill, joint resolution, resolu-
3
tion, or conference report to be considered has been
4
publicly available in electronic form for the manda-
5
tory minimum review period.
6
‘‘(b) Each Senator shall self certify that the
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Senator has read a bill, joint resolution, resolution,
8
or conference report before voting on the bill, joint
9
resolution, resolution, or conference report.
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‘‘(c) In this paragraph, the term ‘mandatory
11
minimum review period’ means, with respect to a
12
bill, joint resolution, resolution, or conference report,
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the greater of—
14
‘‘(i) the period—
15
‘‘(I) beginning on the first hour after
16
the text of the bill, joint resolution, resolu-
17
tion, or conference report to be considered
18
is first made publicly available in electronic
19
form; and
20
‘‘(II) that consists of a number of
21
minutes equal to 2 times the number of
22
pages of the text of the bill, joint resolu-
23
tion, resolution, or conference report to be
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considered; and
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•SRES 18 IS
‘‘(ii) 72 hours after the text of the bill,
1
joint resolution, resolution, or conference report
2
to be considered is first made publicly available
3
in electronic form.’’.
4
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
5
The Standing Rules of the Senate is amend-
6
ed—
7
(1) in paragraph 1 of rule VIII, by inserting
8
‘‘the text of which has been available for the manda-
9
tory minimum review period, as defined in para-
10
graph 5 of rule XII, and’’ after ‘‘bills and resolu-
11
tions’’;
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(2) in rule XIV—
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(A) in paragraph 3, by striking ‘‘on that
14
day’’ and inserting ‘‘before the expiration of the
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mandatory minimum review period, as defined
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in paragraph 5 of rule XII,’’; and
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(B) in paragraph 6, by striking ‘‘one day’’
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and inserting ‘‘for the mandatory minimum re-
19
view period, as defined in paragraph 5 of rule
20
XII,’’;
21
(3) in paragraph 5 of rule XVII, by striking
22
‘‘two calendar days (excluding Sundays and legal
23
holidays’’ and inserting ‘‘the mandatory minimum
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•SRES 18 IS
review period, as defined in paragraph 5 of rule
1
XII,’’; and
2
(4) in paragraph 5 of rule XXVIII, by striking
3
‘‘shall be immediately put’’ and inserting ‘‘shall be
4
put after the expiration of the mandatory minimum
5
review period, as defined in paragraph 5 of rule
6
XII’’.
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SEC. 2. CBO COST ESTIMATE.
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(a) POINT OF ORDER.—It shall not be in order in
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the Senate to consider any bill, joint resolution, motion,
10
amendment, amendment between the Houses, or con-
11
ference report unless a cost estimate under section 402(1)
12
of the Congressional Budget Act of 1974 (2 U.S.C.
13
653(1)) for the exact text of the bill, joint resolution, mo-
14
tion, amendment, amendment between the Houses, or con-
15
ference report has been available for not fewer than 24
16
hours.
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(b) WAIVER AND APPEAL.—Subsection (a) may be
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waived or suspended in the Senate only by an affirmative
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vote of two-thirds of the Members, duly chosen and sworn.
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An affirmative vote of two-thirds of the Members of the
21
Senate, duly chosen and sworn, shall be required to sus-
22
tain an appeal of the ruling of the Chair on a point of
23
order raised under subsection (a).
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Æ
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