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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1742 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1742

     To require the Archivist of the United States to compile all 
applications, and rescissions of applications, made to the Congress to 
   call a convention, pursuant to article V of the Constitution, and 
 certain related materials, and to transmit them to Congress, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2017

  Mr. Messer introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
    Oversight and Government Reform, and 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 require the Archivist of the United States to compile all 
applications, and rescissions of applications, made to the Congress to 
   call a convention, pursuant to article V of the Constitution, and 
 certain related materials, and to transmit them to Congress, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Article V Records Transparency Act 
of 2017''.

SEC. 2. COMPILATION AND TRANSMISSION TO CONGRESS OF APPLICATIONS AND 
              RESCISSIONS OF APPLICATIONS TO CALL A CONVENTION FOR 
              PROPOSING AMENDMENTS TO THE CONSTITUTION AND RESCISSIONS 
              OF THOSE APPLICATIONS.

    (a) Compilation and Transmission.--The Archivist of the United 
States (hereinafter in this Act referred to as the ``Archivist'') 
shall, in accordance with this Act--
            (1) make an organized compilation, to the extent feasible, 
        of all applications and rescissions of applications, ever made 
        by States under article V of the Constitution, to call a 
        convention for proposing amendments to the Constitution; and
            (2) transmit to Congress and transmit to the chairmen of 
        the Committees on the Judiciary of the House of Representatives 
        and Senate that compilation, together with both physical and 
        electronic copies of each such application and rescission.
    (b) Sources for Compilation.--In complying with subsection (a) the 
Archivist shall use the records contained in the National Archive and 
Records Administration, and take other appropriate action, including 
using outside resources, to obtain an official copy of any application 
or rescission that may not be in such records.
    (c) Timing of Transmittal.--The Archivist shall transmit the 
compilation, containing all the known applications or rescissions 
according to the following schedule:

----------------------------------------------------------------------------------------------------------------
             Year After Enactment                    Applications and Rescissions Required to be Submitted
----------------------------------------------------------------------------------------------------------------
1 Year after enactment.......................  Applications and rescissions 1970 and later
----------------------------------------------------------------------------------------------------------------
2 Years after enactment......................  Applications and rescissions 1920 through 1969
----------------------------------------------------------------------------------------------------------------
3 Years after enactment......................  Applications and rescissions 1870 through 1919
----------------------------------------------------------------------------------------------------------------
4 Years after enactment......................  Applications and rescissions 1820 through 1869
----------------------------------------------------------------------------------------------------------------
 5 Years after enactment.....................  Applications and rescissions before 1820
----------------------------------------------------------------------------------------------------------------

    (d) Report on Extent of Missing Applications or Rescissions.--The 
Archivist shall submit to Congress a report detailing the extent of 
suspected missing applications or rescissions not included in each 
compilation under subsection (c), to accompany each transmittal 
required under subsection (c).
    (e) Cataloging Applications.--The Archivist shall, in compiling the 
applications and rescissions, catalog them by year of submission and 
State, and include that information in the material transmitted to 
Congress.
    (f) Savings Clause.--Nothing contained within the transmittal 
required under subsection (a) or in the report required by subsection 
(b) shall be considered an official source or designation of valid 
state applications and rescissions under article V of the Constitution.

SEC. 3. DUTIES OF THE COMMITTEES ON THE JUDICIARY.

    (a) Designation of Applications and Rescissions.--Upon receipt by 
Congress of the compilation described in section 2(a), the respective 
committees on the judiciary in each House of Congress shall designate 
the applications and rescissions contained in such compilation for 
public availability on a publicly accessible website not later than 6 
months after receiving such compilation as required under section 2(c).
    (b) Continuing Designations of Applications and Rescissions.--The 
respective committees on the judiciary in each House of Congress shall 
update the compilation in the public websites maintained by them under 
subsection (a) by designating the receipt of any application or 
rescission submitted under article V of the Constitution to call a 
convention for proposing amendments to the Constitution that--
            (1) was not included in the initial compilation as 
        transmitted under section 2; and
            (2) is a new application or rescission or otherwise comes 
        to the attention of the committee.

SEC. 4. RECOMMENDED PROCEDURES FOR TRANSMISSION OF APPLICATIONS AND 
              RESCISSIONS.

    The Congress recommends the following procedures to make uniform 
and simplify the process by which State legislatures make an 
application, or a rescission of an application, under article V of the 
Constitution to call a convention for proposing amendments to the 
Constitution:
            (1) Officers to transmit and receive applications.--After 
        the adoption by the legislature of a State of an application or 
        rescission, the secretary of state of the State, or if there be 
        no such officer, the person who is charged by the State law 
        with such function, should submit to Congress at least two 
        copies of the resolution or other measure containing the 
        application or rescission, one copy addressed to the President 
        of the Senate, and one copy to the Speaker of the House of 
        Representatives.
            (2) Contents of resolution or measure.--Each copy of the 
        resolution or measure should contain--
                    (A) its exact text, with the authenticating 
                signature of the relevant officer of the legislature; 
                and
                    (B) the date on which the legislature adopted the 
                resolution or measure.
            (3) Other forms of application or recision.--If a State 
        submits an application or rescission in a manner that is 
        inconsistent with this section, and the application or 
        rescission does not have an authenticating signature of a 
        member of the respective states legislature, the Clerk of the 
        House or the Secretary of the Senate shall confirm the 
        authenticity of the application or rescission through a search 
        of public records. If unable to confirm through a public 
        records search, the Clerk of the House or Secretary of the 
        Senate shall notify the appropriate State official and request 
        a letter from that State official, with the authenticating 
        signature of that State official, confirming the application or 
        rescission's authenticity.
            (4) Noncompliance with the recommendations of this section 
        not a basis for congress to refuse to accept an application or 
        rescission.--The failure of a State legislature to comply with 
        any of the procedures recommended in this section is not a 
        basis for a refusal by Congress to accept or count an 
        application or rescission.

SEC. 5. SAVINGS CLAUSE.

    Nothing in this Act shall be interpreted to expand in any way the 
specific, limited duties assigned to Congress under article V of the 
Constitution.

SEC. 6. DEFINITIONS.

    In this Act--
            (1) the terms ``transmit to Congress'' and ``submit to 
        Congress'' mean transmission or submission, as the case may be, 
        to the Speaker of the House of Representatives, the President 
        of the Senate;
            (2) the term ``application'' means any resolution or other 
        measure, agreed upon by a State legislature, that purports to 
        be a request to Congress to call a convention pursuant to 
        article V of the Constitution; and
            (3) the term ``rescission'' means any resolution or other 
        measure, agreed upon by a State legislature, that purports to 
        make null and void an application previously submitted by the 
        State legislature.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS..

    (a) For Carrying Out This Act.--There are authorized to be 
appropriated to the National Historical Publications and Records 
Commission $2,000,000 for the purposes of carrying out this act for 
each of the fiscal years 2018 through 2023.
    (b) Historical Record Grant Program.--Section 2504(g)(1) of title 
44, United States Code, is amended by adding at the end the following:
            ``(T) $3,000,000 for each of the fiscal years 2018 through 
        2023.''.
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