Page:United States Statutes at Large Volume 117.djvu/2372

 PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2353

(1) CLERICAL ERROR.—The term ‘‘clerical error’’ means a failure that occurs on or after April 15, 2001, to have transferred the correct amount from the general fund of the Treasury to a Trust Fund. (2) TRUST FUND.—The term ‘‘Trust Fund’’ means the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t). (b) CORRECTION OF TRUST FUND HOLDINGS.— (1) IN GENERAL.—The Secretary of the Treasury shall take the actions described in paragraph (2) with respect to the Trust Fund with the goal being that, after such actions are taken, the holdings of the Trust Fund will replicate, to the extent practicable in the judgment of the Secretary of the Treasury, in consultation with the Secretary, the holdings that would have been held by the Trust Fund if the clerical error involved had not occurred. (2) OBLIGATIONS ISSUED AND REDEEMED.—The Secretary of the Treasury shall— (A) issue to the Trust Fund obligations under chapter 31 of title 31, United States Code, that bear issue dates, interest rates, and maturity dates that are the same as those for the obligations that— (i) would have been issued to the Trust Fund if the clerical error involved had not occurred; or (ii) were issued to the Trust Fund and were redeemed by reason of the clerical error involved; and (B) redeem from the Trust Fund obligations that would have been redeemed from the Trust Fund if the clerical error involved had not occurred. (c) APPROPRIATION.—There is appropriated to the Trust Fund, out of any money in the Treasury not otherwise appropriated, an amount determined by the Secretary of the Treasury, in consultation with the Secretary, to be equal to the interest income lost by the Trust Fund through the date on which the appropriation is being made as a result of the clerical error involved. (d) CONGRESSIONAL NOTICE.—In the case of a clerical error that occurs after April 15, 2001, the Secretary of the Treasury, before taking action to correct the error under this section, shall notify the appropriate committees of Congress concerning such error and the actions to be taken under this section in response to such error. (e) DEADLINE.—With respect to the clerical error that occurred on April 15, 2001, not later than 120 days after the date of the enactment of this Act— (1) the Secretary of the Treasury shall take the actions under subsection (b)(1); and (2) the appropriation under subsection (c) shall be made. SEC.

735.

MODIFICATIONS TO MEDICARE COMMISSION (MEDPAC).

PAYMENT

ADVISORY

(a) EXAMINATION OF BUDGET CONSEQUENCES.—Section 1805(b) (42 U.S.C. 1395b–6(b)) is amended by adding at the end the following new paragraph: ‘‘(8) EXAMINATION OF BUDGET CONSEQUENCES.—Before making any recommendations, the Commission shall examine

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