Article V Records Transparency Act of 2017
This bill directs the National Archives and Records Administration (NARA) to make and transmit to Congress an organized compilation of all applications and rescissions of applications ever made by states under article V of the Constitution to call a convention for proposing constitutional amendments.
NARA must: (1) use NARA records and outside sources to obtain an official copy of any application or rescission that may not be in such records, (2) submit a report on the extent of suspected missing applications or rescissions not included in each compilation, and (3) catalog the applications and rescissions by year of submission and state.
The committees on the judiciary in each chamber shall designate the applications and rescissions contained in such compilation for public availability on a website and update the compilation as specified.
In order to simplify and make uniform the process by which state legislatures make such an application or rescission, Congress recommends that after adoption of an application or rescission by a state legislature, the secretary of state or other state official should submit at least two copies of the measure containing the application or rescission to Congress, one copy addressed to the President of the Senate and one copy to the Speaker of the House of Representatives.
[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.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
Referred to the Subcommittee on the Constitution and Civil Justice.
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