What This Bill Does
This bill proposes a new amendment to the U.S. Constitution that would require the federal government's total spending to not exceed its total revenue each fiscal year (an accounting period used for budgeting). The amendment would become part of the Constitution only if the legislatures of three-fourths of the states approve it within seven years.
Who It Affects
Congress (the legislative branch that makes laws), the President, and the federal government overall.
Key Provisions
• Total federal spending cannot exceed total federal revenue in any fiscal year, except for payments on existing government debt (Sec. 1)
• Congress can approve emergency spending above the limit with a roll call vote (a recorded vote where each member votes individually) of three-fifths of each chamber (Sec. 2)
• Congress can only increase revenue through taxation by a majority roll call vote in each chamber (Sec. 3)
• Increasing the federal debt limit requires a three-fifths roll call vote in each chamber (Sec. 4)
• These rules can be suspended during declared wars or military conflicts that cause serious threats to national security, if approved by a majority vote in both chambers (Sec. 5)
• The President must present a balanced budget (where spending does not exceed revenue) to Congress before each fiscal year (Sec. 6)
What Changes
If ratified, the federal government would operate under a constitutional requirement to balance its budget each year, with limited exceptions for emergencies and military conflicts.
Important Definitions
• Total outlays: all federal spending except payments on existing debt
• Total receipts: all federal revenue except money from borrowing
Effective Date
The amendment would begin applying ten fiscal years after states ratify it (Sec. 8).
IA
118TH CONGRESS
1ST SESSION
H. J. RES. 21
Proposing a balanced budget amendment to the Constitution of the United
States.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Mr. VAN ORDEN 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
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 within seven years after the date of its submission
8
for ratification:
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‘‘ARTICLE —
1
‘‘SECTION 1. Total outlays for any fiscal year shall
2
not exceed total receipts for that fiscal year. Total outlays
3
shall include all outlays of the United States except those
4
for payment of debt, and total receipts shall include all
5
revenue of the United States except that derived from bor-
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rowing.
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‘‘SECTION 2. The Congress may by a roll call vote
8
of three-fifths of each House of Congress declare an emer-
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gency and provide by law for specific outlays in excess of
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the limit in section 1 with respect to a fiscal year.
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‘‘SECTION 3. The Congress may provide by law for
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increasing revenue of the United States, except that de-
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rived from borrowing, only by a roll call vote of a majority
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of each House.
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‘‘SECTION 4. The limit on the debt of the United
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States held by the public shall not be increased unless
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three-fifths of each House of Congress provides by law for
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such an increase by a roll-call vote.
19
‘‘SECTION 5. The Congress may waive the provisions
20
of this article for any fiscal year in which a declaration
21
of war is in effect. The provisions of this article may be
22
waived for any fiscal year in which the United States is
23
engaged in military conflict which causes an imminent and
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serious military threat to national security and is so de-
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•HJ 21 IH
clared by a joint resolution, adopted by a majority of the
1
whole number of each House, which becomes law.
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‘‘SECTION 6. Prior to each fiscal year, the President
3
shall transmit to the Congress a proposed budget for the
4
United States Government for that fiscal year in which
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total outlays do not exceed total receipts.
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‘‘SECTION 7. Congress shall have power to enforce
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this article by appropriate legislation.
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‘‘SECTION 8. This article shall take effect beginning
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with the tenth fiscal year after its ratification.’’.
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Æ
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