I 

113TH CONGRESS 

1ST SESSION H. R. 443 

To increase the statutory limit on the public debt by $1 trillion upon the 

adoption by Congress of a balanced budget Constitutional amendment 

and by an additional $1 trillion upon ratification by the States of that 

amendment. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2013 

Mr. BROOKS of Alabama (for himself, Mr. BACHUS, Mr. JONES, and Mr. 

SOUTHERLAND) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To increase the statutory limit on the public debt by $1 

trillion upon the adoption by Congress of a balanced 

budget Constitutional amendment and by an additional 

$1 trillion upon ratification by the States of that amendment. 

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 ‘‘Protecting America’s 

5 Solvency Act of 2013’’. 


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1 SEC. 2. INCREASE IN THE STATUTORY LIMIT ON THE PUB2 LIC DEBT. 

3 (a) ADOPTION.—Effective upon the adoption by the 

4 Congress of a balanced budget Constitutional amendment 

5 with the provisions described in section 3 below, the statu6 tory limit on the public debt set forth in section 3101(b) 

7 of title 31, United States Code, is increased by $1 trillion. 

8 (b) RATIFICATION.—Effective upon the ratification 

9 by the States of the balanced budget Constitutional 

10 amendment with the provisions described in section 3 

11 below, the statutory limit on the public debt set forth in 

12 section 3101(b) of title 31, United States Code, is in13 creased by an additional $1 trillion. 

14 SEC. 3. REQUIRED PROVISIONS OF A BALANCED BUDGET 

15 CONSTITUTIONAL AMENDMENT. 

16 A balanced budget Constitutional amendment, to 

17 comply with the requirements of section 2 above, must in18 clude the following provisions: 

19 (1) Total outlays of the United States for any 

20 fiscal year shall not exceed total receipts for that fis21 cal year. Total receipts shall include all receipts of 

22 the United States except those derived from bor23 rowing. Total outlays shall include all outlays of the 

24 United States except those for repayment of debt 

25 principal. The United States shall have no fiscal 


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1 year deficits except pursuant to the terms of the 

2 amendment. 

3 (2) The fiscal year deficit prohibition described 

4 herein may be suspended by a majority of the mem5 bership of both Houses of Congress, by roll call vote, 

6 for any fiscal year in which the United States is ac7 tively engaged in military conflict pursuant to a war 

8 declared by Congress pursuant to article I, section 

9 8, or may be suspended by four-fifths of the mem10 bership of Congress, by roll call vote, for any other 

11 fiscal year. 

12 (3) In any fiscal year in which Congress does 

13 not suspend the amendment pursuant to its terms 

14 and in which total outlays will or may exceed total 

15 receipts, the President shall take such steps as are 

16 necessary to ensure total outlays for that fiscal year 

17 do not exceed total receipts. The President may not 

18 order any increase in taxes or other revenue meas19 ures to enforce the amendment. A President’s failure 

20 to prevent a prohibited fiscal year deficit is an im21 peachable offense. 

22 (4) Any Member of Congress and any Governor 

23 or attorney general of any State shall have standing 

24 and a cause of action to seek judicial enforcement of 

25 the amendment. No court of the United States or of 


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1 any State may order any increase in taxes or other 

2 revenue measures to prevent or reduce fiscal year 

3 deficits. 

4 (5)(A) The amendment shall be phased-in be5 ginning with the first fiscal year commencing six or 

6 more months after ratification of the amendment by 

7 the States. 

8 (B) Within three months after ratification, the 

9 President shall calculate the total outlays, the total 

10 receipts, and the resulting deficit of the United 

11 States for the fiscal year in which the amendment 

12 was ratified. This deficit is the ‘‘Base Deficit’’. 

13 (C) Fiscal year deficits shall be phased out as 

14 follows: 

15 (i) The deficit for the first fiscal year com16 mencing 6 or more months after ratification by 

17 the States of the amendment shall not exceed 

18 80 percent of the Base Deficit. 

19 (ii) The deficit for the first fiscal year 

20 commencing 18 or more months after ratifica21 tion by the States of the amendment shall not 

22 exceed 60 percent of the Base Deficit. 

23 (iii) The deficit for the first fiscal year 

24 commencing 30 or more months after ratificaVerDate Mar 15 2010 02:29 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H443.IH H443

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1 tion by the States of the amendment shall not 

2 exceed 40 percent of the Base Deficit. 

3 (iv) The deficit for the first fiscal year 

4 commencing 42 or more months after ratifica5 tion by the States of the amendment shall not 

6 exceed 20 percent of the Base Deficit. 

7 (v) There shall be no deficit for any fiscal 

8 year commencing 54 or more months after rati9 fication by the States of the amendment. 

Æ 


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