[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4069 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4069

_______________________________________________________________________

                                 AN ACT


 
      To amend title II of the Social Security Act to provide for 
 miscellaneous enhancements in Social Security benefits, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Social Security 
Benefit Enhancements for Women Act of 2002''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title and table of contents.
                     TITLE I--BENEFIT ENHANCEMENTS

Sec. 101. Repeal of 7-year restriction on eligibility for widow's and 
                            widower's insurance benefits based on 
                            disability.
Sec. 102. Exemption from two-year waiting period for divorced spouse's 
                            benefits upon other spouse's remarriage.
Sec. 103. Months ending after deceased individual's death disregarded 
                            in applying early retirement rules with 
                            respect to deceased individual for purposes 
                            of limitation on widow's and widower's 
                            benefits.
       TITLE II--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 201. Exclusion from gross income for interest on overpayments of 
                            income tax by individuals.
Sec. 202. Deposits made to suspend running of interest on potential 
                            underpayments.
Sec. 203. Partial payment of tax liability in installment agreements.

                     TITLE I--BENEFIT ENHANCEMENTS

SEC. 101. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND 
              WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.

    (a) Widow's Insurance Benefits.--
            (1) In general.--Section 202(e) of the Social Security Act 
        (42 U.S.C. 402(e)) is amended--
                    (A) in paragraph (1)(B)(ii), by striking ``which 
                began before the end of the period specified in 
                paragraph (4)'';
                    (B) in paragraph (1)(F)(ii), by striking ``(I) in 
                the period specified in paragraph (4) and (II)'';
                    (C) by striking paragraph (4) and by redesignating 
                paragraphs (5) through (9) as paragraphs (4) through 
                (8), respectively; and
                    (D) in paragraph (4)(A)(ii) (as redesignated), by 
                striking ``whichever'' and all that follows through 
                ``begins'' and inserting ``the first day of the 
                seventeenth month before the month in which her 
                application is filed''.
            (2) Conforming amendments.--
                    (A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 
                402(e)(1)(F)(i)) is amended by striking ``paragraph 
                (5)'' and inserting ``paragraph (4)''.
                    (B) Section 202(e)(1)(C)(ii)(III) of such Act (42 
                U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking 
                ``paragraph (8)'' and inserting ``paragraph (7)''.
                    (C) Section 202(e)(2)(A) of such Act (42 U.S.C. 
                402(e)(2)(A)) is amended by striking ``paragraph (7)'' 
                and inserting ``paragraph (6)''.
                    (D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 
                426(e)(1)(A)(i)) is amended by striking ``202(e)(4),''.
    (b) Widower's Insurance Benefits.--
            (1) In general.--Section 202(f) of such Act (42 U.S.C. 
        402(f)) is amended--
                    (A) in paragraph (1)(B)(ii), by striking ``which 
                began before the end of the period specified in 
                paragraph (5)'';
                    (B) in paragraph (1)(F)(ii), by striking ``(I) in 
                the period specified in paragraph (5) and (II)'';
                    (C) by striking paragraph (5) and by redesignating 
                paragraphs (6) through (9) as paragraphs (5) through 
                (8), respectively; and
                    (D) in paragraph (5)(A)(ii) (as redesignated), by 
                striking ``whichever'' and all that follows through 
                ``begins'' and inserting ``the first day of the 
                seventeenth month before the month in which his 
                application is filed''.
            (2) Conforming amendments.--
                    (A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 
                402(f)(1)(F)(i)) is amended by striking ``paragraph 
                (6)'' and inserting ``paragraph (5)''.
                    (B) Section 202(f)(1)(C)(ii)(III) of such Act (42 
                U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking 
                ``paragraph (8)'' and inserting ``paragraph (7)''.
                    (C) Section 226(e)(1)(A)(i) of such Act (as amended 
                by subsection (a)(2)) is further amended by striking 
                ``202(f)(1)(B)(ii), and 202(f)(5)'' and inserting ``and 
                202(f)(1)(B)(ii)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to benefits for months after November 2002.

SEC. 102. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S 
              BENEFITS UPON OTHER SPOUSE'S REMARRIAGE.

    (a) Wife's Insurance Benefits.--Section 202(b)(5)(A) of the Social 
Security Act (42 U.S.C. 402(b)(5)(A)) is amended by adding at the end 
the following new sentence: ``The criterion for entitlement under 
clause (ii) shall be deemed met upon the remarriage of the insured 
individual to someone other than the applicant during the 2-year period 
referred to in such clause.''.
    (b) Husband's Insurance Benefits.--Section 202(c)(5)(A) of such Act 
(42 U.S.C. 402(c)(5)(A)) is amended by adding at the end the following 
new sentence: ``The criterion for entitlement under clause (ii) shall 
be deemed met upon the remarriage of the insured individual to someone 
other than the applicant during the 2-year period referred to in such 
clause.''.
    (c) Conforming Amendment to Exemption of Insured Individual's 
Divorced Spouse From Earnings Test as Applied to the Insured 
Individual.--Section 203(b)(2)(B) of such Act (42 U.S.C. 403(b)(2)(B)) 
is amended by adding at the end the following new sentence: ``The 
requirement under such clause (ii) shall be deemed met upon the 
remarriage of the individual referred to in paragraph (1) to someone 
other than the divorced spouse referred to in such clause during the 2-
year period referred to in such clause.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to benefits for months after November 2002.

SEC. 103. MONTHS ENDING AFTER DECEASED INDIVIDUAL'S DEATH DISREGARDED 
              IN APPLYING EARLY RETIREMENT RULES WITH RESPECT TO 
              DECEASED INDIVIDUAL FOR PURPOSES OF LIMITATION ON WIDOW'S 
              AND WIDOWER'S BENEFITS.

    (a) Widow's Insurance Benefits.--Section 202(e)(2)(D)(i) of the 
Social Security Act (42 U.S.C. 402(e)(2)(D)(i)) is amended by inserting 
after ``applicable,'' the following: ``except that, in applying 
paragraph (7) of subsection (q) for purposes of this clause, any month 
ending with or after the date of the death of such deceased individual 
shall be deemed to be excluded under such paragraph (in addition to 
months otherwise excluded under such paragraph),''.
    (b) Widower's Insurance Benefits.--Section 202(f)(3)(D)(i) of such 
Act (42 U.S.C. 402(f)(3)(D)(i)) is amended by inserting after 
``applicable,'' the following: ``except that, in applying paragraph (7) 
of subsection (q) for purposes of this clause, any month ending with or 
after the date of the death of such deceased individual shall be deemed 
to be excluded under such paragraph (in addition to months otherwise 
excluded under such paragraph),''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to benefits for months after November 2002.

       TITLE II--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

SEC. 201. EXCLUSION FROM GROSS INCOME FOR INTEREST ON OVERPAYMENTS OF 
              INCOME TAX BY INDIVIDUALS.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by inserting after section 139 the 
following new section:

``SEC. 139A. EXCLUSION FROM GROSS INCOME FOR INTEREST ON OVERPAYMENTS 
              OF INCOME TAX BY INDIVIDUALS.

    ``(a) In General.--In the case of an individual, gross income shall 
not include interest paid under section 6611 on any overpayment of tax 
imposed by this subtitle.
    ``(b) Exception.--Subsection (a) shall not apply in the case of a 
failure to claim items resulting in the overpayment on the original 
return if the Secretary determines that the principal purpose of such 
failure is to take advantage of subsection (a).
    ``(c) Special Rule for Determining Modified Adjusted Gross 
Income.--For purposes of this title, interest not included in gross 
income under subsection (a) shall not be treated as interest which is 
exempt from tax for purposes of sections 32(i)(2)(B) and 6012(d) or any 
computation in which interest exempt from tax under this title is added 
to adjusted gross income.''.
    (b) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of such Code is amended by inserting after 
the item relating to section 139 the following new item:

                              ``Sec. 139A. Exclusion from gross income 
                                        for interest on overpayments of 
                                        income tax by individuals.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to interest received after December 31, 2006.

SEC. 202. DEPOSITS MADE TO SUSPEND RUNNING OF INTEREST ON POTENTIAL 
              UNDERPAYMENTS.

    (a) In General.--Subchapter A of chapter 67 of the Internal Revenue 
Code of 1986 (relating to interest on underpayments) is amended by 
adding at the end the following new section:

``SEC. 6603. DEPOSITS MADE TO SUSPEND RUNNING OF INTEREST ON POTENTIAL 
              UNDERPAYMENTS, ETC.

    ``(a) Authority To Make Deposits Other Than As Payment of Tax.--A 
taxpayer may make a cash deposit with the Secretary which may be used 
by the Secretary to pay any tax imposed under subtitle A or B or 
chapter 41, 42, 43, or 44 which has not been assessed at the time of 
the deposit. Such a deposit shall be made in such manner as the 
Secretary shall prescribe.
    ``(b) No Interest Imposed.--To the extent that such deposit is used 
by the Secretary to pay tax, for purposes of section 6601 (relating to 
interest on underpayments), the tax shall be treated as paid when the 
deposit is made.
    ``(c) Return of Deposit.--Except in a case where the Secretary 
determines that collection of tax is in jeopardy, the Secretary shall 
return to the taxpayer any amount of the deposit (to the extent not 
used for a payment of tax) which the taxpayer requests in writing.
    ``(d) Payment of Interest.--
            ``(1) In general.--For purposes of section 6611 (relating 
        to interest on overpayments), a deposit which is returned to a 
        taxpayer shall be treated as a payment of tax for any period to 
        the extent (and only to the extent) attributable to a 
        disputable tax for such period. Under regulations prescribed by 
        the Secretary, rules similar to the rules of section 6611(b)(2) 
        shall apply.
            ``(2) Disputable tax.--
                    ``(A) In general.--For purposes of this section, 
                the term `disputable tax' means the amount of tax 
                specified at the time of the deposit as the taxpayer's 
                reasonable estimate of the maximum amount of any tax 
                attributable to disputable items.
                    ``(B) Safe harbor based on 30-day letter.--In the 
                case of a taxpayer who has been issued a 30-day letter, 
                the maximum amount of tax under subparagraph (A) shall 
                not be less than the amount of the proposed deficiency 
                specified in such letter.
            ``(3) Other definitions.--For purposes of paragraph (2)--
                    ``(A) Disputable item.--The term `disputable item' 
                means any item of income, gain, loss, deduction, or 
                credit if the taxpayer--
                            ``(i) has a reasonable basis for its 
                        treatment of such item, and
                            ``(ii) reasonably believes that the 
                        Secretary also has a reasonable basis for 
                        disallowing the taxpayer's treatment of such 
                        item.
                    ``(B) 30-day letter.--The term `30-day letter' 
                means the first letter of proposed deficiency which 
                allows the taxpayer an opportunity for administrative 
                review in the Internal Revenue Service Office of 
                Appeals.
            ``(4) Rate of interest.--The rate of interest allowable 
        under this subsection shall be the Federal short-term rate 
        determined under section 6621(b), compounded daily.
    ``(e) Use of Deposits.--
            ``(1) Payment of tax.--Except as otherwise provided by the 
        taxpayer, deposits shall be treated as used for the payment of 
        tax in the order deposited.
            ``(2) Returns of deposits.--Deposits shall be treated as 
        returned to the taxpayer on a last-in, first-out basis.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 67 of such Code is amended by adding at the end the following 
new item:

                              ``Sec. 6603. Deposits made to suspend 
                                        running of interest on 
                                        potential underpayments, 
                                        etc.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to deposits made after the date of the enactment of this 
        Act.
            (2) Coordination with deposits made under revenue procedure 
        84-58.--In the case of an amount held by the Secretary of the 
        Treasury or his delegate on the date of the enactment of this 
        Act as a deposit in the nature of a cash bond deposit pursuant 
        to Revenue Procedure 84-58, the date that the taxpayer 
        identifies such amount as a deposit made pursuant to section 
        6603 of the Internal Revenue Code (as added by this Act) shall 
        be treated as the date such amount is deposited for purposes of 
        such section 6603.

SEC. 203. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT AGREEMENTS.

    (a) In General.--
            (1) Section 6159(a) of the Internal Revenue Code of 1986 
        (relating to authorization of agreements) is amended--
                    (A) by striking ``satisfy liability for payment 
                of'' and inserting ``make payment on'', and
                    (B) by inserting ``full or partial'' after 
                ``facilitate''.
            (2) Section 6159(c) of such Code (relating to Secretary 
        required to enter into installment agreements in certain cases) 
        is amended in the matter preceding paragraph (1) by inserting 
        ``full'' before ``payment''.
    (b) Requirement To Review Partial Payment Agreements Every Two 
Years.--Section 6159 of such Code is amended by redesignating 
subsections (d) and (e) as subsections (e) and (f), respectively, and 
inserting after subsection (c) the following new subsection:
    ``(d) Secretary Required To Review Installment Agreements for 
Partial Collection Every Two Years.--In the case of an agreement 
entered into by the Secretary under subsection (a) for partial 
collection of a tax liability, the Secretary shall review the agreement 
at least once every 2 years.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to agreements entered into on or after the date of the enactment 
of this Act.

            Passed the House of Representatives May 14, 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                               H. R. 4069

_______________________________________________________________________

                                 AN ACT

      To amend title II of the Social Security Act to provide for 
 miscellaneous enhancements in Social Security benefits, and for other 
                               purposes.