[Congressional Record Volume 157, Number 16 (Thursday, February 3, 2011)]
[Senate]
[Pages S550-S551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEE (for himself, Mr. Kyl, Mr. Barrasso, Mr. Burr, Mr. 
        DeMint, Mr. Graham, Mr. Paul, Mr. Risch, Mr. Rubio, Mr. Thune, 
        Mr. Toomey, Mr. Vitter, Mr. Crapo, and Ms. Ayotte):
  S.J. Res. 5. A joint resolution proposing an amendment to the 
Constitution of the United States requiring that the Federal budget be 
balanced; to the Committee on the Judiciary.
  Mr. LEE. Mr. President, I ask unanimous consent that the text of the 
joint resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 5

       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:

                              ``Article--

       ``Section 1. Total outlays for any fiscal year shall not 
     exceed total receipts for that fiscal year.

[[Page S551]]

       ``Section 2. Total outlays shall not exceed 18 percent of 
     the gross domestic product of the United States for the 
     calendar year ending prior to the beginning of such fiscal 
     year.
       ``Section 3. The Congress may provide for suspension of the 
     limitations imposed by section 1 or 2 of this article for any 
     fiscal year for which two-thirds of the whole number of each 
     House shall provide, by a roll call vote, for a specific 
     excess of outlays over receipts or over 18 percent of the 
     gross domestic product of the United States for the calendar 
     year ending prior to the beginning of such fiscal year.
       ``Section 4. Any bill to levy a new tax or increase the 
     rate of any tax shall not become law unless approved by two-
     thirds of the whole number of each House of Congress by a 
     roll call vote.
       ``Section 5. The limit on the debt of the United States 
     held by the public shall not be increased, unless two-thirds 
     of the whole number of each House of Congress shall provide 
     for such an increase by a roll call vote.
       ``Section 6. Any Member of Congress shall have standing and 
     a cause of action to seek judicial enforcement of this 
     article, when authorized to do so by a petition signed by 
     one-third of the Members of either House of Congress. No 
     court of the United States or of any State shall order any 
     increase in revenue to enforce this article.
       ``Section 7. The Congress shall have the power to enforce 
     this article by appropriate legislation.
       ``Section 8. Total receipts shall include all receipts of 
     the United States except those derived from borrowing. Total 
     outlays shall include all outlays of the United States except 
     those for repayment of debt principal.
       ``Section 9. This article shall become effective beginning 
     with the second fiscal year commencing after its ratification 
     by the legislatures of three-fourths of the several 
     States.''.

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