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nue equal to the amount by which such total receipts are less than such total outlays, and transmit to the

Congress, by special message, the rate of income tax

surtax so determined.

"SEC. 3. Subject to the provisions of section 4, an 6 income tax surtax, at the rate determined and transmitted by 7 the President under section 2—

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"(1) shall be effective for the calendar year following the close of the fiscal year with respect to which the determination was made, or for so much of such calendar year for which such surtax is not suspended under section 4, and

"(2) shall apply, as an additional income tax for the period for which it is in effect, with respect to the income tax liability of each taxpayer which is attributa

ble to the portion or portions of such taxpayer's taxable year or years which fall within such period.

18 The income tax liability attributable to a portion of a taxable 19 year falling within a period shall be based upon the ratio of 20 the number of days in the taxable year within such period to 21 the total number of days in the taxable year.

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"SEC. 4. In the case of a grave national emergency 23 declared by Congress (including a state of war formally de24 clared by Congress), the income tax surtax which would 25 otherwise be in effect for a calendar year under section 3

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1 may be suspended for such year, or a portion thereof, by a 2 concurrent resolution agreed to by a rollcall vote of two3 thirds of the Members present and voting of each House of 4 Congress, with such resolution providing the period of time, 5 if less than the whole calendar year, during which such 6 surtax is to be suspended.

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"SEC. 5. This article shall apply with respect to the first 8 fiscal year beginning after the ratification of this article and

9 each succeeding fiscal year.

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"SEC. 6. The Congress shall have power to enforce this

11 article by appropriate legislation.".

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Proposing an amendment to the Constitution to require that congressional resolutions setting forth levels of total budget outlays and Federal revenues must be agreed to by two-thirds vote of both Houses of the Congress if the level of outlays exceeds the level of revenues.

IN THE SENATE OF THE UNITED STATES
JANUARY 15, 1979

Mr. LUGAR 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 to require that congressional resolutions setting forth levels of total budget outlays and Federal revenues must be agreed to by twothirds vote of both Houses of the Congress if the level of outlays exceeds the level of revenues.

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Resolved by the Senate and House of Representatives of 2 the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the following 4 article is proposed as an amendment to the Constitution of 5 the United States, which shall be valid to all intents and

6 purposes as part of the Constitution when ratified by the leg

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1 islatures of three-fourths of the several States within seven

2 years from the date of its submission by the Congress:

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"ARTICLES

"On the question of agreeing, in either the House of 5 Representatives or the Senate, to a concurrent resolution of 6 the two Houses of the Congress which sets forth an appropri7 ate level of total budget outlays of the Federal Government 8 for a fiscal year and a recommended level of Federal rev9 enues for that fiscal year or of agreeing, in either the House 10 of Representatives or the Senate, to a report of a conference 11 committee on such a concurrent resolution, the affirmative 12 vote of two-thirds of Members present and voting (a quorum 13 being present), shall be required for agreeing to the question, 14 if the appropriate level of total budget outlays set forth in 15 such concurrent resolution or recommended in such confer16 ence report exceeds the recommended level of Federal rev17 enues set forth in such concurrent resolution or recommended 18 in such conference report.".

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Proposing an amendment to the Constitution to provide expenditures of the Government may not exceed the revenues of the Government during any fiscal year, and for limits on Federal spending and taxing.

IN THE SENATE OF THE UNITED STATES
JANUARY 15, 1979

Mr. DOLE 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 to provide expenditures of the Government may not exceed the revenues of the Government during any fiscal year, and for limits on Federal spending and taxing.

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Resolved by the Senate and House of Representatives of 2 the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the following 4 article is proposed as an amendment to the Constitution of 5 the United States, which shall be valid to all intents and 6 purposes as part of the Constitution when ratified by the leg7 islatures of three-fourths of the several States:

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