Resolves that Congress calls a convention for proposing amendments under Article V of the U.S. Constitution in accordance with the Compact for a Balanced Budget, effective after Congress receives certification that at least three-fourths of the states are members of the Compact and have applied for a convention for proposing amendments under Article V of the U.S. Constitution.
Resolves that Congress refers the Balanced Budget Amendment to the state legislatures for ratification after Congress receives a certified copy of the Amendment showing that a convention for proposing amendments under Article V has approved and proposed for ratification the Amendment that is defined by the Compact and meets specified criteria, including prohibiting outlays from exceeding receipts unless the excess is financed by debt issued using specified procedures requiring approval by a majority of state legislatures.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 73 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. CON. RES. 73
Effectuating the Compact for a Balanced Budget.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2017
Mr. Messer (for himself, Mr. Cramer, Mr. Harper, and Mr. Jody B. Hice
of Georgia) submitted the following concurrent resolution; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
CONCURRENT RESOLUTION
Effectuating the Compact for a Balanced Budget.
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. CONCURRENT RESOLUTION TO EFFECTUATE THE COMPACT FOR A
BALANCED BUDGET.
(a) Declaration.--The Congress determines and declares that this
concurrent resolution calls the Convention contemplated by the Compact
for a Balanced Budget under article V of the United States
Constitution, and refers for ratification the Balanced Budget Amendment
contemplated by the Compact for a Balanced Budget.
(b) Table of Contents.--The table of contents for this resolution
is as follows:
Sec. 1. Concurrent resolution to effectuate the Compact for a Balanced
Budget.
TITLE I--CONCURRENT RESOLUTION PROSPECTIVELY CALLING CONVENTION
CONTEMPLATED BY COMPACT FOR A BALANCED BUDGET
Sec. 101. Effective date.
Sec. 102. Convention call.
Sec. 103. Termination date.
TITLE II--CONCURRENT RESOLUTION PROSPECTIVELY REFERRING THE BALANCED
BUDGET AMENDMENT TO STATE LEGISLATURES FOR RATIFICATION
Sec. 201. Effective date.
Sec. 202. Referral to legislatures of the several States for
ratification.
TITLE I--CONCURRENT RESOLUTION PROSPECTIVELY CALLING CONVENTION
CONTEMPLATED BY COMPACT FOR A BALANCED BUDGET
SEC. 101. EFFECTIVE DATE.
This title does not take effect until Congress receives sufficient
certified conforming copies of the chaptered version of the Compact for
a Balanced Budget formed initially by the State of Georgia and the
State of Alaska pursuant to 2014 Georgia Laws Act 475 (H.B. 794) and
2014 Alaska Laws Ch. 12 (H.B. 284), respectively, as it may be joined
by additional States and amended from time to time (``Compact for a
Balanced Budget''), evidencing that at least three-fourths of the
several States are Member States of the Compact for a Balanced Budget
and have made application thereunder for a convention for proposing
amendments under article V of the United States Constitution.
SEC. 102. CONVENTION CALL.
Upon the effective date of this title, be it resolved by the House
of Representatives of the United States (the Senate concurring),
Congress hereby calls a convention for proposing amendments under
article V of the United States Constitution in accordance with the
Compact for a Balanced Budget.
SEC. 103. TERMINATION DATE.
If for any reason the convention for proposing amendments under
article V of the United States Constitution contemplated herein has not
permanently adjourned within one year from the effective date of this
title, all titles of this resolution shall become null and void ab
initio and shall be deemed repealed in its entirety.
TITLE II--CONCURRENT RESOLUTION PROSPECTIVELY REFERRING THE BALANCED
BUDGET AMENDMENT TO STATE LEGISLATURES FOR RATIFICATION
SEC. 201. EFFECTIVE DATE.
This title does not take effect until Congress receives a certified
conforming copy of the Balanced Budget Amendment, as defined by the
Compact for a Balanced Budget and described herein, evidencing that the
convention for proposing amendments under article V of the United
States Constitution organized thereunder has approved and proposed the
same for ratification.
SEC. 202. REFERRAL TO LEGISLATURES OF THE SEVERAL STATES FOR
RATIFICATION.
Upon the effective date of this title, be it resolved by the House
of Representatives of the United States (the Senate concurring), that
the following article has been proposed as an amendment to the
Constitution of the United States by a convention for proposing
amendments under article V of the United States Constitution, which
shall be valid to all intents and purposes as part of the Constitution
when ratified by the legislatures of three-fourths of the several
States within seven years after the date of its submission for
ratification:
``Article--
``Section 1. Total outlays of the Government of the United States
shall not exceed total receipts of the Government of the United States
at any point in time unless the excess of outlays over receipts is
financed exclusively by debt issued in strict conformity with this
article.
``Section 2. Outstanding debt shall not exceed authorized debt,
which initially shall be an amount equal to 105 percent of the
outstanding debt on the effective date of this article. Authorized debt
shall not be increased above its aforesaid initial amount unless such
increase is first approved by the legislatures of the several States as
provided in section 3.
``Section 3. From time to time, Congress may increase authorized
debt to an amount in excess of its initial amount set by section 2 only
if it first publicly refers to the legislatures of the several States
an unconditional, single subject measure proposing the amount of such
increase, in such form as provided by law, and the measure is
thereafter publicly and unconditionally approved by a simple majority
of the legislatures of the several States, in such form as provided
respectively by State law; provided that no inducement requiring an
expenditure or tax levy shall be demanded, offered or accepted as a
quid pro quo for such approval. If such approval is not obtained within
60 calendar days after referral then the measure shall be deemed
disapproved and the authorized debt shall thereby remain unchanged.
``Section 4. Whenever the outstanding debt exceeds 98 percent of
the debt limit set by section 2, the President shall enforce said limit
by publicly designating specific expenditures for impoundment in an
amount sufficient to ensure outstanding debt shall not exceed the
authorized debt. Said impoundment shall become effective 30 days
thereafter, unless Congress first designates an alternate impoundment
of the same or greater amount by concurrent resolution, which shall
become immediately effective. The failure of the President to designate
or enforce the required impoundment is an impeachable misdemeanor. Any
purported issuance or incurrence of any debt in excess of the debt
limit set by section 2 is void.
``Section 5. No bill that provides for a new or increased general
revenue tax shall become law unless approved by a two-thirds roll call
vote of the whole number of each House of Congress. However, this
requirement shall not apply to any bill that provides for a new end
user sales tax which would completely replace every existing income tax
levied by the Government of the United States; or for the reduction or
elimination of an exemption, deduction, or credit allowed under an
existing general revenue tax.
``Section 6. For purposes of this article, `debt' means any
obligation backed by the full faith and credit of the Government of the
United States; `outstanding debt' means all debt held in any account
and by any entity at a given point in time; `authorized debt' means the
maximum total amount of debt that may be lawfully issued and
outstanding at any single point in time under this article; `total
outlays of the Government of the United States' means all expenditures
of the Government of the United States from any source; `total receipts
of the Government of the United States' means all tax receipts and
other income of the Government of the United States, excluding proceeds
from its issuance or incurrence of debt or any type of liability;
`impoundment' means a proposal not to spend all or part of a sum of
money appropriated by Congress; and `general revenue tax' means any
income tax, sales tax, or value-added tax levied by the Government of
the United States excluding imposts and duties.
``Section 7. This article is immediately operative upon
ratification, self-enforcing, and Congress may enact conforming
legislation to facilitate enforcement.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
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