[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 62 Introduced in House (IH)]







104th CONGRESS
  1st Session
H. J. RES. 62

Proposing a balanced budget amendment to the Constitution of the United 
                                States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 1995

  Mr. Franks of New Jersey (for himself, Mr. Condit, and Mr. Gillmor) 
 introduced 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. Prior to each fiscal year, Congress shall, by law, 
adopt a statement of receipts and outlays for such fiscal year in which 
total outlays are not greater than total receipts. Congress may, by 
law, amend that statement provided revised outlays are not greater than 
revised receipts. Congress may provide in that statement for a specific 
excess of outlays over receipts by a vote directed solely to that 
subject in which three-fifths of the whole number of each House agree 
to such excess. Congress and the President shall ensure that actual 
outlays do not exceed the outlays set forth in such statement.
    ``Section 2. Actual outlays shall include the cost to a State of 
any requirement imposed by Federal law upon a State that is not paid 
for by the Federal Government, and the cost to a State of complying 
with any condition imposed by Federal law on the receipt by a State of 
appropriated funds other than a condition directly and substantially 
related to the purpose of the appropriation. For the purposes of this 
section, Federal law does not include an obligation imposed by this 
Constitution or a law intended to enforce that obligation, nor does it 
include any law enacted before Congress submits this Article to the 
States.
    ``Section 3. Prior to each fiscal year, the President shall 
transmit to Congress a proposed statement of receipts and outlays for 
such fiscal year consistent with the provisions of this Article.
    ``Section 4. Congress may waive the provisions of this Article for 
any fiscal year in which a declaration of war is in effect. The 
provisions of this Article may be waived for any fiscal year in which 
the United States faces 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.
    ``Section 5. Total receipts shall include all receipts of the 
United States except those derived from borrowing and total outlays 
shall include all outlays of the United States except those for the 
repayment of debt principal.
    ``Section 6. The amount of the debt of the United States held by 
the public as of the date this Article takes effect shall become a 
permanent limit on such debt and there shall be no increase in such 
amount unless three-fifths of the whole number of each House of 
Congress shall have passed a bill approving such increase and such bill 
has become law.
    ``Section 7. All votes taken by the House of Representatives or the 
Senate under this Article shall be rollcall votes.
    ``Section 8. Congress shall enforce and implement this Article by 
appropriate legislation.
    ``Section 9. This Article shall take effect for the fiscal year 
2002 or for the second fiscal year beginning after its ratification, 
whichever is later.''.
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