[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 41 Introduced in House (IH)]







105th CONGRESS
  1st Session
H. J. RES. 41

 Proposing a spending limitation amendment to the Constitution of the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1997

Mr. Smith of Michigan introduced the following joint resolution; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Proposing a spending limitation 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. Except as provided in this article, total outlays of 
the United States Government shall be limited as follows:
            ``(1) Total outlays in any fiscal year shall not increase 
        by a percentage greater than the percentage increase in nominal 
        gross domestic product in the last calendar year ending prior 
        to the beginning of such fiscal year.
            ``(2) Total outlays in any fiscal year shall not exceed the 
        ratio of the outlays in the fiscal year at the time of 
        ratification of this proposed amendment by the States to gross 
        domestic product in the last calendar year ending prior to the 
        fiscal year at the time of ratification by the States, times 
        gross domestic product in the last calendar year ending prior 
        to the fiscal year for which this limitation is being 
        calculated.
    ``Section 2. 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, both on-budget and off-
budget, except those for the repayment of debt principal. Inflation 
shall be measured by the gross domestic product deflator. Total outlays 
shall include the cost to any State or local government of engaging in 
any activity or service mandated by any law of the United States beyond 
that required by existing law or this Constitution at the time of the 
ratification of this proposed amendment by the States, unless an 
appropriation is made and disbursed to pay that State or local 
government for such cost.
    ``Section 3. When, for any fiscal year, total receipts received by 
the United States exceed total outlays, the surplus shall be used to 
reduce the public debt of the United States until such debt is 
eliminated.
    ``Section 4. 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 5. Following the declaration of an emergency by the 
President, Congress may authorize, by a two-thirds vote of both Houses, 
a specified amount of emergency outlays in excess of the limit for the 
current fiscal year.
    ``Section 6. For each of the first 4 fiscal years after 
ratification of this article, total grants to States and local 
governments shall not be a smaller fraction of total outlays than the 
average of the 3 fiscal years prior to the ratification of this 
article.
    ``Section 7. This article may be enforced by one or more Members of 
the Congress, or by the President, in an action brought in the United 
States District Court for the District of Columbia, and by no other 
persons. The action shall name as defendant the Treasurer of the United 
States, who shall have authority over outlays by any unit or agency of 
the Government of the United States when required by a court order 
enforcing the provisions of this article. The order of the court shall 
not specify the particular outlays to be made or reduced. Changes in 
outlays necessary to comply with the order of the court shall be made 
no later than the end of the first full fiscal year following the court 
order.''.
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