What This Bill Does
This bill proposes a constitutional amendment (a permanent change to the U.S. Constitution) that would require the federal government to balance its budget, meaning it cannot spend more money than it takes in. The proposal includes rules about how much the government can spend each year and requirements for raising taxes or borrowing money.
Who It Affects
Congress, the President, and the federal government's overall spending decisions.
Key Provisions
• The government cannot spend more money than it receives in a year unless two-thirds of Congress votes to allow it (Sec. 1)
• The government cannot spend more than 18 percent of the nation's gross domestic product (the total value of all goods and services produced in the U.S.) unless two-thirds of Congress votes to allow it (Sec. 2)
• The President must propose a budget each year that either balances or stays within the 18 percent spending limit (Sec. 3)
• Any bill that creates a new tax or raises tax rates must pass with a two-thirds majority vote in Congress (Sec. 4)
• Congress cannot raise the nation's debt limit unless three-fifths of Congress votes to do so (Sec. 5)
• Congress can ignore these rules if a war is declared or if a military conflict threatens national security and three-fifths of Congress votes to allow it (Sec. 6 and 7)
What Changes
If ratified by three-fourths of the states, this amendment would make it unconstitutional for the federal government to spend more money than it collects in taxes and other revenue, with limited exceptions for war or military emergencies. The amendment would begin taking effect starting in the fifth fiscal year after states ratify it.
Important Definitions
"Total receipts" means all money the federal government receives except borrowed money (Sec. 9). "Total outlays" means all federal spending except money spent to pay back borrowed money (Sec. 9).
Effective Date
The amendment would take effect beginning with the fifth fiscal year after states ratify it (Sec. 11).
IIA
118TH CONGRESS
1ST SESSION
S. J. RES. 13
Proposing an amendment to the Constitution of the United States relative
to balancing the budget.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mrs. HYDE-SMITH (for herself, Mr. CORNYN, Mr. THUNE, Ms. ERNST, Mr.
BARRASSO, Mr. DAINES, Ms. LUMMIS, Mrs. CAPITO, Mr. RISCH, Mrs.
BLACKBURN, Mr. CRAPO, Mrs. FISCHER, Mr. HOEVEN, Mr. CRAMER,
Mr. YOUNG, Mr. BUDD, Mr. RICKETTS, Mr. TILLIS, Mr. WICKER, Mr.
HAGERTY, Mr. MARSHALL, Mr. MULLIN, Mrs. BRITT, and Mr. LEE) in-
troduced the following joint resolution; which was read twice and referred
to the Committee on the Judiciary
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United
States relative to balancing the budget.
Resolved by the Senate and House of Representatives
1
of the United States of America in Congress assembled
2
(two-thirds of each House concurring therein), That the fol-
3
lowing article is proposed as an amendment to the Con-
4
stitution of the United States, which shall be valid to all
5
intents and purposes as part of the Constitution when
6
ratified by the legislatures of three-fourths of the several
7
States:
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•SJ 13 IS
‘‘ARTICLE —
1
‘‘SECTION 1. Total outlays for any fiscal year shall
2
not exceed total receipts for that fiscal year, unless two-
3
thirds of the duly chosen and sworn Members of each
4
House of Congress shall provide by law for a specific ex-
5
cess of outlays over receipts by a roll call vote.
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‘‘SECTION 2. Total outlays for any fiscal year shall
7
not exceed 18 percent of the gross domestic product of
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the United States for the calendar year ending before the
9
beginning of such fiscal year, unless two-thirds of the duly
10
chosen and sworn Members of each House of Congress
11
shall provide by law for a specific amount in excess of such
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18 percent by a roll call vote.
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‘‘SECTION 3. Prior to each fiscal year, the President
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shall transmit to Congress a proposed budget for the
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United States Government for that fiscal year in which—
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‘‘(1) total outlays do not exceed total receipts;
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and
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‘‘(2) total outlays do not exceed 18 percent of
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the gross domestic product of the United States for
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the calendar year ending before the beginning of
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such fiscal year.
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‘‘SECTION 4. Any bill that imposes a new tax or in-
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creases the statutory rate of any tax or the aggregate
24
amount of revenue may pass only by a two-thirds majority
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•SJ 13 IS
of the duly chosen and sworn Members of each House of
1
Congress by a roll call vote. For the purpose of deter-
2
mining any increase in revenue under this section, there
3
shall be excluded any increase resulting from the lowering
4
of the statutory rate of any tax.
5
‘‘SECTION 5. The limit on the debt of the United
6
States shall not be increased, unless three-fifths of the
7
duly chosen and sworn Members of each House of Con-
8
gress shall provide for such an increase by a roll call vote.
9
‘‘SECTION 6. Congress may waive the provisions of
10
sections 1, 2, 3, and 5 of this article for any fiscal year
11
in which a declaration of war against a nation-state is in
12
effect and in which a majority of the duly chosen and
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sworn Members of each House of Congress shall provide
14
for a specific excess by a roll call vote.
15
‘‘SECTION 7. Congress may waive the provisions of
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sections 1, 2, 3, and 5 of this article in any fiscal year
17
in which the United States is engaged in a military conflict
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that causes an imminent and serious military threat to
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national security and is so declared by three-fifths of the
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duly chosen and sworn Members of each House of Con-
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gress by a roll call vote. Such suspension must identify
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and be limited to the specific excess of outlays for that
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fiscal year made necessary by the identified military con-
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flict.
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‘‘SECTION 8. No court of the United States or of any
1
State shall order any increase in revenue to enforce this
2
article.
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‘‘SECTION 9. Total receipts shall include all receipts
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of the United States Government except those derived
5
from borrowing. Total outlays shall include all outlays of
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the United States Government except those for repayment
7
of debt principal.
8
‘‘SECTION 10. Congress shall have power to enforce
9
and implement this article by appropriate legislation,
10
which may rely on estimates of outlays, receipts, and gross
11
domestic product.
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‘‘SECTION 11. This article shall take effect beginning
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with the fifth fiscal year beginning after its ratification.’’.
14
Æ
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