I 

114TH CONGRESS 

2D SESSION H. R. 5306 

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 

MAY 23, 2016 

Mr. MESSER (for himself, Mr. BYRNE, Mr. STIVERS, Mr. FRANKS of Arizona, 

Mrs. MCMORRIS RODGERS, Mr. POLIS, Mr. LIPINSKI, and Mr. 

RATCLIFFE) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Article V Records 

5 Transparency Act of 2016’’. 


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1 SEC. 2. COMPILATION AND TRANSMISSION TO CONGRESS 

2 OF APPLICATIONS AND RESCISSIONS OF AP3 PLICATIONS TO CALL A CONVENTION FOR 

4 PROPOSING AMENDMENTS TO THE CON5 STITUTION AND RESCISSIONS OF THOSE AP6 PLICATIONS. 

7 (a) COMPILATION AND TRANSMISSION.—The Archi8 vist of the United States (hereinafter in this Act referred 

9 to as the ‘‘Archivist’’) shall, in accordance with this Act— 

10 (1) make an organized compilation, to the ex11 tent feasible, of all applications and rescissions of 

12 applications, ever made by States under article V of 

13 the Constitution, to call a convention for proposing 

14 amendments to the Constitution; and 

15 (2) transmit to Congress that compilation, to16 gether with both physical and electronic copies of 

17 each such application and rescission. 

18 (b) SOURCES FOR COMPILATION.—In complying with 

19 subsection (a) the Archivist shall use the records contained 

20 in the National Archive and Records Administration and 

21 make all efforts feasible to obtain an official copy of any 

22 application or rescission that may not be in such records. 

23 (c) TIMING OF TRANSMITTAL.— 

24 (1) Not later than one year after the date of 

25 the enactment of this Act, the Archivist shall trans26 mit the first part of the compilation, containing all 


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1 the known applications or rescissions made after 

2 1950. 

3 (2) Not later than two years after the date of 

4 the enactment of this Act, the Archivist shall trans5 mit the second part of the compilation, containing 

6 all the known applications and rescissions made in 

7 1950 or earlier. 

8 (d) REPORT ON EXTENT OF MISSING APPLICATIONS

9 OR RESCISSIONS.—Not later than two years after the date 

10 of the enactment of this Act, the Archivist shall submit 

11 to Congress a report detailing the extent of suspected 

12 missing applications or rescissions not included in the 

13 compilation under subsection (a). 

14 (e) CATALOGING APPLICATIONS.—The Archivist 

15 shall, in compiling the applications and rescissions, catalog 

16 them by year of submission and State, and include that 

17 information in the material transmitted to Congress. 

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

19 (a) APPLICATIONS INCLUDED IN COMPILATION.— 

20 Upon receipt by Congress of the compilation described in 

21 section 2(a), the respective committees on the judiciary in 

22 each House of Congress shall make the applications and 

23 rescissions contained in such compilation available on a 

24 publicly accessible website. 


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1 (b) APPLICATIONS AND RESCISSIONS NOT INCLUDED

2 IN COMPILATION.—The respective committees on the judi3 ciary in each House of Congress shall update the compila4 tion in the public websites maintained by them under sub5 section (a) to reflect the receipt of any application or re6 scission submitted under article V of the Constitution to 

7 call a convention for proposing amendments to the Con8 stitution that— 

9 (1) was not included in the initial compilation 

10 as transmitted under section 2; and 

11 (2) is a new application or rescission or other12 wise comes to the attention of the committee. 

13 SEC. 4. APPLICATIONS AND RESCISSIONS ARRIVING AFTER 

14 THE TRANSMISSION UNDER SECTION 2. 

15 The Congress recommends the following procedures 

16 to make uniform and simplify the process by which State 

17 legislatures make an application, or a rescission of an ap18 plication, under article V of the Constitution to call a con19 vention for proposing amendments to the Constitution: 

20 (1) OFFICERS TO TRANSMIT AND RECEIVE AP21 PLICATIONS.—After the adoption by the legislature 

22 of a State of an application or rescission, the sec23 retary of state of the State, or if there be no such 

24 officer, the person who is charged by the State law 

25 with such function, should submit to Congress at 


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1 least two copies of the resolution or other measure 

2 containing the application or rescission, one copy ad3 dressed to the President of the Senate, and one copy 

4 to the Speaker of the House of Representatives. 

5 (2) CONTENTS OF RESOLUTION OR MEASURE.— 

6 Each copy of the resolution or measure should con7 tain— 

8 (A) its exact text, with the authenticating 

9 signature of the relevant officer of the legisla10 ture; and 

11 (B) the date on which the legislature 

12 adopted the resolution or measure. 

13 (3) INCOMPLETE APPLICATION OR RESCIS14 SION.—If a State submits an application or rescis15 sion in a manner that is inconsistent with this sec16 tion, the Clerk of the House or the Secretary of the 

17 Senate shall so notify the appropriate State official. 

18 That State official may then resubmit the applica19 tion. 

20 SEC. 5. DEFINITIONS. 

21 In this Act— 

22 (1) the terms ‘‘transmit to Congress’’ and ‘‘sub23 mit to Congress’’ mean transmission or submission, 

24 as the case may be, to the Speaker of the House of 

25 Representatives, the President of the Senate, the 


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1 Clerk of the House of Representatives, the Secretary 

2 of the Senate, and the Chairmen and Ranking Mi3 nority Members of the Committees on the Judiciary 

4 of the House of Representatives and the Senate; 

5 (2) the term ‘‘application’’ means any resolu6 tion or other measure, agreed upon by a State legis7 lature, that contains a request to Congress to call a 

8 convention pursuant to article V of the Constitution; 

9 and 

10 (3) the term ‘‘rescission’’ means any resolution 

11 or other measure, agreed upon by a State legisla12 ture, that has the purpose of making null and void 

13 an application previously submitted by the State leg14 islature. 

15 SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED. 

16 No additional funds are authorized to carry out the 

17 requirements of this Act. Such requirements shall be car18 ried out using amounts otherwise authorized. 

Æ 


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