To amend title II of the Social Security Act to preserve and protect
Social Security benefits of American workers and to help ensure
greater congressional oversight of the Social Security system by
requiring that both Houses of Congress approve a totalization agreement
before the agreement, giving foreign workers Social Security benefits,
can go into effect.
Mr. ENSIGN (for himself, Mr. INHOFE, Mr. THOMAS, Mr. SESSIONS,
Mr. COLEMAN, and Mrs. DOLE) introduced the following bill; which
was read twice and referred to the Committee on Finance
To amend title II of the Social Security Act to preserve and protect
Social Security benefits of American workers and to help ensure
greater congressional oversight of the Social Security system by
requiring that both Houses of Congress approve a totalization agreement
before the agreement, giving foreign workers Social Security benefits,
can go into effect.
SECTION 1. SHORT TITLE.
SEC. 2. TRANSMITTAL AND APPROVAL OF TOTALIZATION AGREEMENTS.
(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, 2007, 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, 2007.
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