[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2860 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2860

  To amend the Internal Revenue Code of 1986 to use 50 percent of any 
  Federal budget surplus in the general fund for reductions in Social 
 Security taxes and to provide that the remainder of the surplus shall 
be used to increase discretionary nondefense spending and to reduce the 
                        outstanding public debt.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 1997

 Mr. Schumer introduced the following bill; which was referred to the 
 Committee on Ways and Means, and in addition to the Committee on the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to use 50 percent of any 
  Federal budget surplus in the general fund for reductions in Social 
 Security taxes and to provide that the remainder of the surplus shall 
be used to increase discretionary nondefense spending and to reduce the 
                        outstanding public debt.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Budget Surplus Dividend Act of 
1997''.

SEC. 2. 50 PERCENT OF FEDERAL BUDGET SURPLUS TO REIMBURSE EMPLOYERS AND 
              EMPLOYEES FOR A PORTION OF THEIR SOCIAL SECURITY TAXES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by redesignating section 35 as section 36 and by inserting 
after section 34 the following new section:

``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES.

    ``(a) Allowance of Credit.--In the case of a taxable year to which 
this section applies, there shall be allowed as a credit against the 
tax imposed by this subtitle for the taxable year an amount equal to 
the applicable percentage of the taxpayer's social security taxes for 
the taxable year.
    ``(b) Taxable Years to Which Section Applies.--This section shall 
apply to any taxable year beginning in the first calendar year 
beginning after a fiscal year if there is a Federal budget surplus for 
such fiscal year of more than $1,000,000,000.
    ``(c) Applicable Percentage.--For purposes of this section--
            ``(1) In general.--The term `applicable percentage' means--
                    ``(A) the base percentage with respect to so much 
                of the taxpayer's social security taxes as does not 
                exceed $3,000, and
                    ``(B) the phasedown percentage with respect to so 
                much of the taxpayer's social security taxes as exceeds 
                $3,000.
            ``(2) Base percentage.--The term `base percentage' means, 
        for taxable years beginning in a calendar year, the percentage 
        which the Secretary estimates will result in a reduction of 
        revenues to the Treasury by reason of this section for such 
        taxable year equal to 50 percent of the Federal budget surplus 
        for the most recent fiscal year ending before such calendar 
        year. Proper adjustments shall be made in the percentage 
        determined under the preceding sentence with respect to any 
        subsequent fiscal year to the extent that prior estimates were 
        in excess of or less than the proper percentage.
            ``(3) Phasedown percentage.--The term `phasedown 
        percentage' means the base percentage reduced (but not below 
        zero) by the number of percentage points which bears the same 
        ratio to the base percentage as--
                    ``(A) the excess of the taxpayer's social security 
                taxes over $3,000 bears to
                    ``(B) the excess of the maximum social security 
                taxes over $3,000.
            ``(4) Maximum social security taxes.--The term `maximum 
        social security taxes' means the amount which would be the 
        social security taxes of the taxpayer if the amount on which 
        such taxes are determined were equal to the maximum amount of 
        remuneration which may be taken into account under section 
        3101(a).
            ``(5) Special rules.--
                    ``(A) Dollar limitations on per employee basis.--
                The dollar limitations in paragraphs (1) and (3) shall 
                be applied on a per employee basis.
                    ``(B) Self-employed individuals.--Paragraphs (1) 
                and (3) shall be applied by substituting `$6,000' for 
                `$3,000' each place it appears in the case of the taxes 
                referred to in subparagraph (C) or (D) of subsection 
                (d)(1).
    ``(d) Social Security Taxes.--For purposes of this section--
            ``(1) In general.--The term `social security taxes' means, 
        with respect to any taxpayer for any taxable year--
                    ``(A) the taxes imposed by sections 3101 and 
                3201(a) (relating to taxes on employees) on amounts 
                received by the taxpayer during the calendar year in 
                which the taxable year begins,
                    ``(B) the taxes imposed by sections 3111 and 
                3221(a) (relating to taxes on employers) on amounts 
                paid by the taxpayer during the calendar year in which 
                the taxable year begins,
                    ``(C) the taxes imposed by section 1401 on the 
                self-employment income of the taxpayer for the taxable 
                year, and
                    ``(D) the taxes imposed by section 3211(a)(1) on 
                amounts received by the taxpayer during the calendar 
                year in which the taxable year begins.
            ``(2) Coordination with special refund of social security 
        taxes.--The term `social security taxes' shall not include any 
        taxes to the extent the taxpayer is entitled to a special 
        refund of such taxes under section 6413(c).
            ``(3) Special rule.--Any amounts paid pursuant to an 
        agreement under section 3121(l) (relating to agreements entered 
        into by American employers with respect to foreign affiliates) 
        which are equivalent to the taxes referred to in paragraph 
        (1)(A) shall be treated as taxes referred to in such 
        paragraph.''
    (b) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1 of such Code is amended by 
striking the item relating to section 35 and inserting the following:

                              ``Sec. 35. Credit for portion of social 
                                        security taxes.
                              ``Sec. 36. Overpayments of tax.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1997.

SEC. 3. APPROPRIATION TO USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO 
              REDUCE OUTSTANDING PUBLIC DEBT.

    There is hereby appropriated for the first fiscal year following 
each fiscal year for which there is a Federal budget surplus an amount 
equal to 25 percent of such surplus for purpose of paying at maturity, 
or to redeem or buy before maturity, obligations of the Government 
included in the public debt. An obligation of the Government that is 
paid, redeemed, or bought with funds appropriated by the preceding 
sentence shall be canceled and retired and may not be reissued.

SEC. 4. USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO INCREASE NONDEFENSE 
              DISCRETIONARY SPENDING LIMITS.

    For the first fiscal year following each fiscal year for which 
there is a Federal budget surplus, the Director of the Office of 
Management and Budget shall increase (on a pro rata basis between the 
applicable nondefense categories for that fiscal year) the 
discretionary spending limit for new budget authority under section 
251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 
by an amount equal to 25 percent of such surplus and shall adjust the 
outlays flowing from that budget authority accordingly.
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