This joint resolution proposes a constitutional amendment prohibiting total outlays for a fiscal year from exceeding total receipts for that fiscal year or 18.5% of the economic output of the United States. The amendment also requires a cancellation of budget authority that is equal to the amount by which total outlays exceeded these limits during the preceding fiscal year.
The amendment requires a three-fourths roll call vote of each chamber of Congress to increase the public debt limit or increase revenue.
The amendment also requires the President to submit an annual budget in which total outlays do not exceed total receipts.
Congress may waive these requirements due to a declaration of war or a military conflict that causes an imminent and serious military threat to national security.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 106 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. J. RES. 106
Proposing a balanced budget amendment to the Constitution of the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 23, 2022
Mr. Gohmert submitted the following joint resolution; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing a balanced budget amendment to the Constitution of the United
States.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, 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 for any fiscal year shall not exceed
total receipts for that fiscal year.
``Section 2. Total outlays for any fiscal year shall not exceed
18.5 percent of economic output of the United States.
``Section 3. The limit on the debt of the United States held by the
public shall not be increased unless three-fourths of the whole number
of each House shall provide by law for such an increase by a rollcall
vote.
``Section 4. Prior to each fiscal year, the President shall
transmit to the Congress a proposed budget for the United States
Government for that fiscal year in which total outlays do not exceed
total receipts. The President's failure to transmit to the Congress a
balanced budget will be considered an impeachable offense, except in
emergency situations as described in section 7, in which case the
President may submit a nonbalanced budget under the procedures
described in those sections.
``Section 5. A bill to increase revenue shall not become law unless
three-fourths of the whole number of each House shall provide by law
for such an increase by a rollcall vote.
``Section 6. Effective immediately on the date that is 90 days
after the beginning of any Federal fiscal year, there shall be a
cancellation of budgetary authority equal to the amount (if any) that
total outlays exceeded the limits set forth in sections 1 and 2 during
the preceding fiscal year.
``Section 7. The Congress may waive all the provisions of this
article for any fiscal year in which a declaration of war is in effect.
All the provisions of this article may be waived for any fiscal year in
which the United States is engaged in military conflict which causes an
imminent and serious military threat to national security and is so
declared by a joint resolution, adopted by a majority of the whole
number of each House, which becomes law. Any such waiver must identify
and be limited to the specific excess or increase for that fiscal year
made necessary by the identified military conflict.
``Section 8. The Congress shall enforce and implement this article
by appropriate legislation, which may rely on estimates of outlays and
receipts.
``Section 9. Total receipts shall include all receipts of the
United States Government except those derived from borrowing. Total
outlays shall include all outlays of the United States Government
except for those for repayment of debt principal.
``Section 10. This article shall take effect beginning with the
third fiscal year beginning after its ratification.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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