This joint resolution proposes a constitutional amendment prohibiting total outlays for a fiscal year from exceeding total receipts for that fiscal year unless Congress authorizes the excess by a two-thirds vote of each chamber. The prohibition excludes outlays for repayment of debt principal and receipts derived from borrowing.
The amendment prohibits total outlays for any fiscal year from exceeding 18% of the gross domestic product of the United States, unless two-thirds of each chamber of Congress provides for a specific increase above this amount.
The amendment requires a two-thirds vote of each chamber of Congress to impose a new tax, increase the statutory rate of any tax, or increase the aggregate amount of revenue. It requires a three-fifths vote of each chamber to increase the limit on the debt of the United States.
The President must submit an annual budget in which total outlays do not exceed total receipts and 18% of the gross domestic product of the United States.
The amendment prohibits a court from ordering a revenue increase to enforce the requirements.
Congress may waive specified requirements when a declaration of war is in effect or the United States is engaged in a military conflict that causes an imminent and serious military threat to national security.
117th CONGRESS
  1st Session
S. J. RES. 6

    Proposing an amendment to the Constitution of the United States 
                   relative to balancing the budget.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 2021

  Mrs. Hyde-Smith (for herself, Mr. Rubio, Mr. Tillis, Ms. Ernst, Mr. 
 Risch, Mrs. Blackburn, Mr. Hoeven, Mr. Young, Mr. Cornyn, Mr. Crapo, 
Mrs. Capito, Mr. Barrasso, Mrs. Fischer, Mr. Inhofe, Mr. Moran, and Mr. 
  Hagerty) introduced 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 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, unless two-thirds of the duly 
chosen and sworn Members of each House of Congress shall provide by law 
for a specific excess of outlays over receipts by a roll call vote.
    ``Section 2. Total outlays for any fiscal year shall not exceed 18 
percent of the gross domestic product of the United States for the 
calendar year ending before the beginning of such fiscal year, unless 
two-thirds of the duly chosen and sworn Members of each House of 
Congress shall provide by law for a specific amount in excess of such 
18 percent by a roll call vote.
    ``Section 3. Prior to each fiscal year, the President shall 
transmit to Congress a proposed budget for the United States Government 
for that fiscal year in which--
            ``(1) total outlays do not exceed total receipts; and
            ``(2) total outlays do not exceed 18 percent of the gross 
        domestic product of the United States for the calendar year 
        ending before the beginning of such fiscal year.
    ``Section 4. Any bill that imposes a new tax or increases the 
statutory rate of any tax or the aggregate amount of revenue may pass 
only by a two-thirds majority of the duly chosen and sworn Members of 
each House of Congress by a roll call vote. For the purpose of 
determining any increase in revenue under this section, there shall be 
excluded any increase resulting from the lowering of the statutory rate 
of any tax.
    ``Section 5. The limit on the debt of the United States shall not 
be increased, unless three-fifths of the duly chosen and sworn Members 
of each House of Congress shall provide for such an increase by a roll 
call vote.
    ``Section 6. Congress may waive the provisions of sections 1, 2, 3, 
and 5 of this article for any fiscal year in which a declaration of war 
against a nation-state is in effect and in which a majority of the duly 
chosen and sworn Members of each House of Congress shall provide for a 
specific excess by a roll call vote.
    ``Section 7. Congress may waive the provisions of sections 1, 2, 3, 
and 5 of this article in any fiscal year in which the United States is 
engaged in a military conflict that causes an imminent and serious 
military threat to national security and is so declared by three-fifths 
of the duly chosen and sworn Members of each House of Congress by a 
roll call vote. Such suspension must identify and be limited to the 
specific excess of outlays for that fiscal year made necessary by the 
identified military conflict.
    ``Section 8. No court of the United States or of any State shall 
order any increase in revenue to enforce this article.
    ``Section 9. Total receipts shall include all receipts of the 
United States Government except those derived from borrowing. Total 
outlays shall include all outlays of the United States Government 
except those for repayment of debt principal.
    ``Section 10. Congress shall have power to enforce and implement 
this article by appropriate legislation, which may rely on estimates of 
outlays, receipts, and gross domestic product.
    ``Section 11. This article shall take effect beginning with the 
fifth fiscal year beginning after its ratification.''.
                                 <all>
A joint resolution proposing an amendment to the Constitution of the United States relative to balancing the budget.
A joint resolution proposing an amendment to the Constitution of the United States relative to balancing the budget.
Official Titles - Senate
Official Title as Introduced
A joint resolution proposing an amendment to the Constitution of the United States relative to balancing the budget.
Sen. Hyde-Smith, Cindy