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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.

S. Res. 18 · 118th Congress · Jan 26, 2023 · Lineage

RESOLUTION

Section 1 Prohibiting consideration of text of legislation until completion of mandatory minimum review period

(a)
In general— Rule XII of the Standing Rules of the Senate is amended by adding at the end the following:

“(5)

“(a) It shall not be in order to consider a bill, joint resolution, resolution, or conference report unless the text of the bill, joint resolution, resolution, or conference report to be considered has been publicly available in electronic form for the mandatory minimum review period.

“(b) Each Senator shall self certify that the Senator has read a bill, joint resolution, resolution, or conference report before voting on the bill, joint resolution, resolution, or conference report.

“(c) In this paragraph, the term mandatory minimum review period means, with respect to a bill, joint resolution, resolution, or conference report, the greater of—

“(i) the period—

“(I) beginning on the first hour after the text of the bill, joint resolution, resolution, or conference report to be considered is first made publicly available in electronic form; and

“(II) that consists of a number of minutes equal to 2 times the number of pages of the text of the bill, joint resolution, resolution, or conference report to be considered; and

“(ii) 72 hours after the text of the bill, joint resolution, resolution, or conference report to be considered is first made publicly available in electronic form.”

(b)
Technical and conforming amendments— The Standing Rules of the Senate is amended—
(1)
in paragraph 1 of rule VIII, by inserting “the text of which has been available for the mandatory minimum review period, as defined in paragraph 5 of rule XII, and” after “bills and resolutions”;
(2)
in rule XIV—
(A)
in paragraph 3, by striking “on that day” and inserting “before the expiration of the mandatory minimum review period, as defined in paragraph 5 of rule XII,”; and
(B)
in paragraph 6, by striking “one day” and inserting “for the mandatory minimum review period, as defined in paragraph 5 of rule XII,”;
(3)
in paragraph 5 of rule XVII, by striking “two calendar days (excluding Sundays and legal holidays” and inserting “the mandatory minimum review period, as defined in paragraph 5 of rule XII,”; and
(4)
in paragraph 5 of rule XXVIII, by striking “shall be immediately put” and inserting “shall be put after the expiration of the mandatory minimum review period, as defined in paragraph 5 of rule XII”.

Sec. 2 CBO cost estimate

(a)
Point of order— It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report unless a cost estimate under section 402(1) of the Congressional Budget Act of 1974 (2 U.S.C. 653(1)) for the exact text of the bill, joint resolution, motion, amendment, amendment between the Houses, or conference report has been available for not fewer than 24 hours.
(b)
Waiver and appeal— Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a).