To amend chapter 2 of title 1, United States Code, to create requirements for calling an Article V Convention, and for other purposes.

1. Adds DIVISION H--CONSTITUTIONAL CONVENTION OF THE UNITED STATES at the end of S.Amdt. 5745

   Adds a section

   In S.Amdt. 5745 as proposed

   (o) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.

   Inserted: DIVISION H--CONSTITUTIONAL CONVENTION OF THE UNITED STATES

   Inserted: SEC. 101. DEFINITION.

   Inserted: In this division:

   Inserted: (1) Archivist.--The term "Archivist" means the Archivist of the United States.

   Inserted: (2) Article v convention.--The term "Article V Convention" means a convention as described in Article V of the Constitution of the United States that is called by Congress and organized by the Archivist on the application of the legislatures of \2/3\ of the several States for proposing amendments that shall be valid to all intents and purposes as part of the Constitution of the United States when ratified by the legislatures of \3/4\ of the several States, or by conventions in \3/4\ thereof, as one or the other mode of ratification may be proposed by Congress.

   Inserted: SEC. 102. FINDINGS.

   Inserted: Congress finds the following:

   Inserted: (1) Article V of the Constitution of the United States requires that "The Congress . . . on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments" to the Constitution of the United States.

   Inserted: (2) Since the first application approved by a State for an Article V Convention in 1788, 42 States in total have submitted applications.

   Inserted: (3) The Constitution of the United States states that an Article V Convention shall be called upon the active application of \2/3\ of the States. Such application occurs when a State, through its legislature, approves a petition for an Article V Convention. The threshold of applications from \2/3\ of the States to require an Article V Convention has been met several times, as--

   Inserted: (A) in 1979, there were 39 active applications;

   Inserted: (B) in 1983, there were 40 active applications; and

   Show 16 more inserted paragraphsShow less

   Inserted: (C) not less than 34 States have filed active applications as recently as 2021.

   Inserted: (4) Alexander Hamilton in The Federalist No. 85 stated that "The Congress 'shall call a convention'. Nothing in this particular is left to the discretion of that body".

   Inserted: (5) Beginning in 1979, the Federal Government failed in its constitutional duty to count applications and organize an Article V Convention. Since that time, the debt of the United States has increased to more than $30,000,000,000,000 from $830,000,000,000.

   Inserted: (6) The unanimous opinion of the United States Supreme Court in Chiafalo v. Washington, 140 S. Ct. 2316, 2328 (2020) stated, "electors . . . have no ground for reversing the vote of millions of its citizens. That direction accords with the Constitution--as well as with the trust of the Nation that here, We the People rule.".

   Inserted: SEC. __3. DUTIES OF ARCHIVIST RELATING TO STATE APPLICATIONS FOR CALLING FOR CONVENTIONS OF STATES FOR PROPOSING CONSTITUTIONAL AMENDMENTS.

   Inserted: (a) Duties Described.--Chapter 2 of title 1, United States Code, is amended by inserting after section 106b the following:

   Inserted: "Sec. 106c. Duties relating to State applications calling for Article V Conventions

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Archivist.--The term 'Archivist' means the Archivist of the United States.

   Inserted: "(2) Article v convention.--The term 'Article V Convention' means a convention as described in Article V of the Constitution of the United States that is called by Congress and organized by the Archivist on the application of the legislatures of \2/3\ of the several States for proposing amendments that shall be valid to all intents and purposes as part of the Constitution of the United States when ratified by the legislatures of \3/4\ of the several States, or by conventions in \3/4\ thereof, as one or the other mode of ratification may be proposed by Congress.

   Inserted: "(b) Certification and Notification.--

   Inserted: "(1) In general.--Not later than 30 days after receiving an application of a State calling for an Article V Convention, the Archivist shall authenticate, count, and publish, on a publicly available website, such applications, together with any resolution of any State to rescind any such previous application submitted by that State.

   Inserted: "(2) Existing applications.--Not later than 180 days after the date of enactment of this section, the Archivist shall authenticate, count, and publish all applications of a State calling for an Article V Convention received before the date of enactment of this section.

   Inserted: "(c) Certification and Notification Requirements.--Upon receipt and authentication by the Archivist under subsection (b) of applications calling for an Article V Convention of the legislatures of \2/3\ of the several States which have not been rescinded, the Archivist shall publish in the Federal Register a certification that \2/3\ of the several States have called for the Article V Convention, together with a list of the States submitting applications calling for the Article V Convention.".

   Inserted: (b) Clerical Amendment.--The table of sections for chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 106b the following:

   Inserted: "106c. Duties relating to State applications calling for Article V Conventions.".

   Original wording

   At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed