(a) In General- Section 233(e) of the Social Security Act (42
U.S.C. 433(e)) is amended to read as follows:
‘(e)(1) Any agreement to establish a totalization arrangement
which is entered into with another country under this section
shall enter into force with respect to the United States if
(and only if)--
‘(A) the President, at least 90 calendar days before
the date on which the President enters into the agreement,
notifies each House of Congress of the President’s intention
to enter into the agreement, and promptly thereafter publishes
notice of such intention in the Federal Register,
‘(B) the President transmits the text of such agreement
to each House of Congress as provided in paragraph (2), and
‘(C) an approval resolution regarding such agreement
has passed both Houses of Congress and has been enacted into
law.
‘(2)(A) Whenever an agreement referred to in paragraph
(1) is entered into, the President shall transmit to each House
of Congress a document setting forth the final legal text of
such agreement and including a report by the President in support
of such agreement. The President’s report shall include
the following:
‘(i) An estimate by the Chief Actuary of the Social
Security Administration of the effect of the agreement, in
the short term and in the long term, on the receipts and disbursements
under the Social Security system established by this title.
‘(ii) A statement of any administrative action proposed
to implement the agreement and how such action will change
or affect existing law.
‘(iii) A statement describing whether and how the agreement
changes provisions of an agreement previously negotiated.
‘(iv) A statement describing how and to what extent
the agreement makes progress in achieving the purposes, policies,
and objectives of this title.
‘(v) An estimate by the Chief Actuary of the Social
Security Administration, working in consultation with the
Comptroller General of the United States, of the number of
individuals who may become eligible for any benefits under
this title or who may otherwise be affected by the agreement.
‘(vi) An assessment of the integrity of the retirement
data and records (including birth, death, and marriage records)
of the other country that is the subject of the agreement.
‘(vii) An assessment of the ability of such country
to track and monitor recipients of benefits under such agreement.
‘(B) If any separate agreement or other understanding
with another country (whether oral or in writing) relating to
an agreement to establish a totalization arrangement under this
section is not disclosed to Congress in the transmittal to Congress
under this paragraph of the agreement to establish a totalization
arrangement, then such separate agreement or understanding shall
not be considered to be part of the agreement approved by Congress
under this section and shall have no force and effect under
United States law.
‘(3) For purposes of this subsection, the term ‘approval
resolution’ means a joint resolution, the matter after
the resolving clause of which is as follows: ‘That the
proposed agreement entered into pursuant to section 233 of the
Social Security Act between the United States and XXXXXXX establishing
totalization arrangements between the Social Security system
established by title II of such Act and the Social Security
system of XXXXXXX, transmitted to Congress by the President
on XXXXXX, is hereby approved.’, the first two blanks therein
being filled with the name of the country with which the United
States entered into the agreement, and the third blank therein
being filled with the date of the transmittal of the agreement
to Congress.
‘(4) Whenever a document setting forth an agreement entered
into under this section and the President’s report in support
of the agreement is transmitted to Congress pursuant to paragraph
(2), copies of such document shall be delivered to both Houses
of Congress on the same day and shall be delivered to the Clerk
of the House of Representatives if the House is not in session
and to the Secretary of the Senate if the Senate is not in session.
‘(5) On the day on which a document setting forth the
agreement is transmitted to the House of Representatives and
the Senate pursuant to paragraph (1), an approval resolution
with respect to such agreement shall be introduced (by request)
in the House by the majority leader of the House, for himself
or herself and the minority leader of the House, or by Members
of the House designated by the majority leader and minority
leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself
or herself and the minority leader of the Senate, or by Members
of the Senate designated by the majority leader and minority
leader of the Senate. If either House is not in session on the
day on which such an agreement is transmitted, the approval
resolution with respect to such agreement shall be introduced
in that House, as provided in the preceding sentence, on the
first day thereafter on which that House is in session. The
resolution introduced in the House of Representatives shall
be referred to the Committee on Ways and Means and the resolution
introduced in the Senate shall be referred to the Committee
on Finance.’.
(b) Additional Reports and Evaluations- Section 233 of the Social
Security Act (42 U.S.C. 433) is amended by adding at the end the
following new subsections:
‘(f) Biennial SSA Report on Impact of Totalization Agreements-
‘(1) REPORT- For any totalization agreement transmitted
to Congress on or after January 1, 2009, the Commissioner
of Social Security shall submit a report to Congress and the
Comptroller General that--
‘(A) compares the estimates contained in the report
submitted to Congress under clauses (i) and (v) of subsection
(e)(2)(A) with respect to that agreement with the actual
number of individuals affected by the agreement and the
actual effect of the agreement on Social Security system
receipts and disbursements; and
‘(B) contains recommendations for adjusting the methods
used to make the estimates.
‘(2) DATES FOR SUBMISSION- The report required under
this subsection shall be provided not later than 2 years after
the effective date of the totalization agreement that is the
subject of the report and biennially thereafter.
‘(g) GAO Evaluation and Report-
‘(1) EVALUATION OF INITIAL REPORT ON IMPACT OF TOTALIZATION
AGREEMENTS- With respect to each initial report regarding
a totalization agreement submitted under subsection (f), the
Comptroller General of the United States shall conduct an
evaluation of the report that includes--
‘(A) an evaluation of the procedures used for making
the estimates required by subsection (e)(2)(A);
‘(B) an evaluation of the procedures used for determining
the actual number of individuals affected by the agreement
and the effects of the totalization agreement on receipts
and disbursements under the Social Security system; and
‘(C) such recommendations as the Comptroller General
determines appropriate.
‘(2) REPORT- Not later than 1 year after the date of
submission of an initial report regarding a totalization agreement
under subsection (f), the Comptroller General shall submit
to Congress a report setting forth the results of the evaluation
conducted under paragraph (1).
‘(3) DATA COLLECTION- The Commissioner of Social Security
shall collect and maintain the data necessary for the Comptroller
General of the United States to conduct the evaluation required
by paragraph (1).’.
(c) Effective Date- The amendments made by this section shall
apply with respect to agreements establishing totalization arrangements
entered into under section 233 of the Social Security Act which
are transmitted to Congress on or after January 1, 2009.
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