A joint resolution proposing a balanced budget amendment to the Constitution of the United States.

IIA 116TH CONGRESS 1ST SESSION S. J. RES. 18 Proposing a balanced budget amendment to the Constitution of the United States. IN THE SENATE OF THE UNITED STATES APRIL 4, 2019 Mr. TESTER (for himself, Mr. MANCHIN, and Ms. SINEMA) introduced the fol- lowing joint resolution; which was read twice and referred to the Com- mittee 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 by the Congress: 9 VerDate Sep 11 2014 23:53 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ18.IS SJ18 kjohnson on DSK79L0C42 with BILLS 2 •SJ 18 IS ‘‘ARTICLE — 1 ‘‘SECTION 1. Total outlays for any fiscal year shall 2 not exceed total receipts for that fiscal year, unless three- 3 fifths of the whole number of each House of Congress shall 4 provide by law for a specific excess of outlays over receipts 5 by a roll call vote. 6 ‘‘SECTION 2. Prior to each fiscal year, the President 7 shall transmit to the Congress a proposed budget for the 8 United States Government for that fiscal year in which 9 total outlays do not exceed total receipts. 10 ‘‘SECTION 3. Sections 1 and 2 of this Article shall 11 not apply during any fiscal year in which a declaration 12 of war is in effect or in which the United States is engaged 13 in military conflict which causes an imminent and serious 14 military threat to national security and is so declared by 15 a joint resolution, adopted by a majority of the whole num- 16 ber of each House, which becomes law. 17 ‘‘SECTION 4. Section 1 of this Article shall not apply 18 during a fiscal year if, during that fiscal year or the pre- 19 ceding fiscal year, the economy of the United States grew 20 by less than an annualized rate of 0.0 percent in real gross 21 domestic product during 2 or more consecutive quarters 22 or the unemployment rate was more than 7 percent during 23 2 or more consecutive months. 24 VerDate Sep 11 2014 23:53 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SJ18.IS SJ18 kjohnson on DSK79L0C42 with BILLS 3 •SJ 18 IS ‘‘Section 2 of this Article shall not apply to a fiscal 1 year if, during the 1-year period ending on the date on 2 which the President transmits to Congress a proposed 3 budget for the United States Government for that fiscal 4 year, the economy of the United States grew by less than 5 an annualized rate of 0.0 percent in real gross domestic 6 product during 2 or more consecutive quarters or the un- 7 employment rate was more than 7 percent during 2 or 8 more consecutive months. 9 ‘‘SECTION 5. Congress shall enforce and implement 10 this article by appropriate legislation, which may rely on 11 estimates of outlays and receipts. 12 ‘‘SECTION 6. Except as provided in the second and 13 third clauses, total receipts shall include all receipts of the 14 United States Government other than those derived from 15 borrowing, and total outlays shall include all outlays of 16 the United States Government other than those for repay- 17 ment of debt principal. 18 ‘‘For each fiscal year, the receipts (including attrib- 19 utable interest) and outlays of the Federal Old-Age and 20 Survivors Insurance Trust Fund, the Federal Medicare 21 Hospital Insurance Trust Fund, the Federal Disability In- 22 surance Trust Fund, or any fund that is a successor to 23 any such fund, shall not be considered to be receipts or 24 outlays for purposes of this article. 25 VerDate Sep 11 2014 23:53 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SJ18.IS SJ18 kjohnson on DSK79L0C42 with BILLS 4 •SJ 18 IS ‘‘For any fiscal year, outlays relating to a natural dis- 1 aster shall not be considered to be outlays for purposes 2 of this article if the law making the amounts available ex- 3 plicitly exempts the outlays from this article and is agreed 4 to by a majority of the whole number of each House. 5 ‘‘SECTION 7. No court of the United States or of any 6 State shall enforce this article by ordering any reduction 7 in Social Security or Medicare payments authorized by 8 law, including any amounts paid from the Federal Old- 9 Age and Survivors Insurance Trust Fund, the Federal 10 Medicare Hospital Insurance Trust Fund, the Federal 11 Disability Insurance Trust Fund, or any fund that is a 12 successor to any such fund, unless the receipts (including 13 attributable interest) and other amounts available for that 14 fund for the applicable fiscal year are not sufficient to 15 cover the outlays that would otherwise occur during that 16 fiscal year if the fund were fully solvent. 17 ‘‘SECTION 8. This article shall take effect beginning 18 with the fifth fiscal year beginning after its ratification.’’. 19 Æ VerDate Sep 11 2014 23:53 Apr 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\SJ18.IS SJ18 kjohnson on DSK79L0C42 with BILLS