IA

104TH CONGRESS

1ST SESSION H. J. RES. 62

Proposing a balanced budget amendment to the Constitution of the United

States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 23, 1995

Mr. FRANKS of New Jersey (for himself, Mr. CONDIT, and Mr. GILLMOR) introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing a balanced budget amendment to the Constitution

of the United States.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the follow4 ing article is proposed as an amendment to the Constitu5 tion of the United States, which shall be valid to all intents

6 and purposes as part of the Constitution when ratified by

7 the legislatures of three-fourths of the several States with8 in seven years after the date of its submission for ratifica9 tion:
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1 ‘‘ARTICLE—

2 ‘‘SECTION 1. Prior to each fiscal year, Congress shall,

3 by law, adopt a statement of receipts and outlays for such

4 fiscal year in which total outlays are not greater than total

5 receipts. Congress may, by law, amend that statement pro6 vided revised outlays are not greater than revised receipts.

7 Congress may provide in that statement for a specific ex8 cess of outlays over receipts by a vote directed solely to

9 that subject in which three-fifths of the whole number of

10 each House agree to such excess. Congress and the Presi11 dent shall ensure that actual outlays do not exceed the

12 outlays set forth in such statement.

13 ‘‘SECTION 2. Actual outlays shall include the cost to

14 a State of any requirement imposed by Federal law upon

15 a State that is not paid for by the Federal Government,

16 and the cost to a State of complying with any condition

17 imposed by Federal law on the receipt by a State of appro18 priated funds other than a condition directly and substan19 tially related to the purpose of the appropriation. For the

20 purposes of this section, Federal law does not include an

21 obligation imposed by this Constitution or a law intended

22 to enforce that obligation, nor does it include any law en23 acted before Congress submits this Article to the States.

24 ‘‘SECTION 3. Prior to each fiscal year, the President

25 shall transmit to Congress a proposed statement of re-
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1 ceipts and outlays for such fiscal year consistent with the

2 provisions of this Article.

3 ‘‘SECTION 4. Congress may waive the provisions of

4 this Article for any fiscal year in which a declaration of

5 war is in effect. The provisions of this Article may be

6 waived for any fiscal year in which the United States faces

7 an imminent and serious military threat to national secu8 rity and is so declared by a joint resolution, adopted by

9 a majority of the whole number of each House, which be10 comes law.

11 ‘‘SECTION 5. Total receipts shall include all receipts

12 of the United States except those derived from borrowing

13 and total outlays shall include all outlays of the United

14 States except those for the repayment of debt principal.

15 ‘‘SECTION 6. The amount of the debt of the United

16 States held by the public as of the date this Article takes

17 effect shall become a permanent limit on such debt and

18 there shall be no increase in such amount unless three19 fifths of the whole number of each House of Congress shall

20 have passed a bill approving such increase and such bill

21 has become law.

22 ‘‘SECTION 7. All votes taken by the House of Rep23 resentatives or the Senate under this Article shall be roll24 call votes.
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1 ‘‘SECTION 8. Congress shall enforce and implement

2 this Article by appropriate legislation.

3 ‘‘SECTION 9. This Article shall take effect for the fis4 cal year 2002 or for the second fiscal year beginning after

5 its ratification, whichever is later.’’.

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