[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4091 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 4091
_______________________________________________________________________
AN ACT
To provide authority for restoration of the Social Security Trust Funds
from the effects of a clerical error, 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.
This Act may be cited as the ``Social Security Trust Funds
Restoration Act of 2006''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) Clerical error.--The term ``clerical error'' means the
bookkeeping errors at the Social Security Administration that
resulted in the overpayment of amounts transferred from the
Trust Funds to the general fund of the Treasury during the
period commencing with 1999 and ending with 2005 as transfers,
under the voluntary withholding program authorized by section
3402(p) of the Internal Revenue Code of 1986, of anticipated
taxes on benefit payments under title II of the Social Security
Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(3) Trust funds.--The term ``Trust Funds'' means the
Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
SEC. 3. RESTORATION OF TRUST FUNDS.
(a) Appropriation.--There is hereby appropriated to each of the
Trust Funds, out of any money in the Treasury not otherwise
appropriated, an amount determined by the Secretary, in consultation
with the Commissioner of Social Security, to be equal, to the extent
practicable in the judgment of the Secretary, to the difference
between--
(1) the sum of--
(A) the amounts that the Secretary determines, in
consultation with the Commissioner of Social Security,
were overpaid from such Trust Fund to the general fund
of the Treasury by reason of the clerical error, and
(B) the amount that the Secretary determines, in
consultation with the Commissioner of Social Security,
to be equal, to the extent practicable in the judgment
of the Secretary, to the interest income that would
have been payable to such Trust Fund pursuant to
section 201(d) of the Social Security Act on
obligations issued under chapter 31 of title 31, United
States Code, that was not paid by reason of the
clerical error, and
(2) the sum of--
(A) the amounts that are refunded to such Trust
Fund as overpayments by reason of the clerical error to
the extent not limited by periods of limitation under
applicable provisions of the Internal Revenue Code of
1986, and
(B) the interest that is paid to such Trust Fund on
the overpayments resulting from the clerical error to
the extent allowed under applicable provisions of such
Code.
(b) Investment.--The Secretary shall invest the amounts
appropriated to each of the Trust Funds under subsection (a) in
accordance with the currently applicable investment policy for such
Trust Fund.
SEC. 4. TIMING.
(a) Actions by the Secretary.--The Secretary shall take such
actions as are necessary to accomplish the restoration described in
section 3 not later than 120 days after the date of the enactment of
this Act.
(b) Action by the Commissioner.--The Commissioner of Social
Security shall cooperate with the Secretary to the extent necessary to
enable the Secretary to meet the requirements of subsection (a).
SEC. 5. CONGRESSIONAL NOTIFICATION.
Not later than 30 days after the Secretary takes the last action
necessary to accomplish the restoration described in section 3, the
Secretary shall notify each House of the Congress in writing of the
actions so taken.
Passed the Senate December 7, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 4091
_______________________________________________________________________
AN ACT
To provide authority for restoration of the Social Security Trust Funds
from the effects of a clerical error, and for other purposes.