IIA 

112TH CONGRESS 

1ST SESSION S. J. RES. 5 

Proposing an amendment to the Constitution of the United States requiring 

that the Federal budget be balanced. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2011 

Mr. LEE (for himself, Mr. KYL, Mr. BARRASSO, Mr. BURR, Mr. DEMINT, Mr. 

GRAHAM, Mr. PAUL, Mr. RISCH, Mr. RUBIO, Mr. THUNE, Mr. TOOMEY, 

Mr. VITTER, Mr. CRAPO, and Ms. AYOTTE) introduced the following joint 

resolution; which was read twice and referred to the Committee on the 

Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States requiring that the Federal budget be balanced. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States: 


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1 ‘‘ARTICLE— 

2 ‘‘SECTION 1. Total outlays for any fiscal year shall 

3 not exceed total receipts for that fiscal year. 

4 ‘‘SECTION 2. Total outlays shall not exceed 18 per5 cent of the gross domestic product of the United States 

6 for the calendar year ending prior to the beginning of such 

7 fiscal year. 

8 ‘‘SECTION 3. The Congress may provide for suspen9 sion of the limitations imposed by section 1 or 2 of this 

10 article for any fiscal year for which two-thirds of the whole 

11 number of each House shall provide, by a roll call vote, 

12 for a specific excess of outlays over receipts or over 18 

13 percent of the gross domestic product of the United States 

14 for the calendar year ending prior to the beginning of such 

15 fiscal year. 

16 ‘‘SECTION 4. Any bill to levy a new tax or increase 

17 the rate of any tax shall not become law unless approved 

18 by two-thirds of the whole number of each House of Con19 gress by a roll call vote. 

20 ‘‘SECTION 5. The limit on the debt of the United 

21 States held by the public shall not be increased, unless 

22 two-thirds of the whole number of each House of Congress 

23 shall provide for such an increase by a roll call vote. 

24 ‘‘SECTION 6. Any Member of Congress shall have 

25 standing and a cause of action to seek judicial enforceVerDate Mar 15 2010 00:20 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SJ5.IS SJ5

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1 ment of this article, when authorized to do so by a petition 

2 signed by one-third of the Members of either House of 

3 Congress. No court of the United States or of any State 

4 shall order any increase in revenue to enforce this article. 

5 ‘‘SECTION 7. The Congress shall have the power to 

6 enforce this article by appropriate legislation. 

7 ‘‘SECTION 8. Total receipts shall include all receipts 

8 of the United States except those derived from borrowing. 

9 Total outlays shall include all outlays of the United States 

10 except those for repayment of debt principal. 

11 ‘‘SECTION 9. This article shall become effective begin12 ning with the second fiscal year commencing after its rati13 fication by the legislatures of three-fourths of the several 

14 States.’’. 

Æ 


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