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This proposal would add a constitutional rule that the federal government must not spend more in a year than it brings in, unless Congress allows a specific excess. It also requires the President to send a budget each year that follows that rule, allows Congress to set aside the rule in certain emergencies, and directs Congress to write laws to enforce the rule. The amendment would start applying beginning with the fifth fiscal year after it is ratified by the states.
- The basic rule: annual federal outlays cannot exceed annual receipts, unless two-thirds of each House vote to allow a specific excess by law.
- The President must send Congress a proposed annual budget that does not spend more than the projected receipts.
- Waivers: Congress may suspend the rule for a fiscal year during a declaration of war (by rollcall vote), or during a declared national emergency or declared natural disaster (by a joint resolution passed by a majority of the whole number of each House that becomes law).
- Congress must pass laws to enforce the amendment and may rely on estimates of spending and revenue; the amendment takes effect beginning with the fifth fiscal year after ratification.
Official Summaries
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 roll call vote of each chamber.
The amendment also requires the President to submit an annual budget in which total outlays for the fiscal year do not exceed total receipts.
Congress may waive the requirements for any fiscal year in which (1) a declaration of war is in effect by a roll call vote, or (2) a declaration of a natural disaster or a national emergency is in effect that was declared by a joint resolution that became law after being adopted by a majority of each chamber of Congress.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 6 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. J. RES. 6
Proposing an amendment to the Constitution of the United States to
provide for balanced budgets for the Government.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Fitzpatrick submitted the following joint resolution; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to
provide for balanced budgets for the Government.
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 whole
number of each House of Congress shall provide by law for a specific
excess of outlays over receipts by a rollcall vote.
``Section 2. Prior to each fiscal year, the President shall
transmit to the Congress a proposed budget for the United States
Government for that fiscal year in which total outlays do not exceed
total receipts.
``Section 3. The Congress may waive the provisions of this article
for any fiscal year in which a declaration of war is in effect by a
rollcall vote.
``Section 4. The Congress may waive the provisions of this article
for any fiscal year in which a declaration of national emergency is in
effect, as so declared by a joint resolution, adopted by a majority of
the whole number of each House, which becomes law.
``Section 5. The Congress may waive the provisions of this article
for any fiscal year in which a declaration of a natural disaster is in
effect, as so declared by a joint resolution, adopted by a majority of
the whole number of each House, which becomes law.
``Section 6. The Congress shall enforce and implement this article
by appropriate legislation, which may rely on estimates of outlays and
receipts.
``Section 7. This article shall take effect beginning with the
fifth fiscal year beginning after its ratification.''.
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