[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 279 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 279
To amend title II of the Social Security Act to provide for
Congressional oversight and approval of totalization agreements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mrs. Cubin introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to provide for
Congressional oversight and approval of totalization agreements.
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 Totalization
Agreement Reform Act of 2007''.
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 the 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 the Congress as provided in paragraph (2), and
``(C) an approval resolution regarding such agreement has
passed both Houses of the 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 the
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 numbers of
individuals who may become eligible for any benefits under this
title by reason of the agreement 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 a party to the agreement, and
``(vii) an assessment of the ability of such other country
to track and monitor recipients of benefits affected by 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 the Congress in the transmittal to the 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 the 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 _______ establishing totalization arrangements
between the social security system established by title II of such Act
and the social security system of _______, transmitted to the Congress
by the President on ______, 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 the
Congress.
``(4) The succeeding paragraphs of this subsection are enacted by
the Congress--
``(A) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of disapproval
resolutions and approval resolutions, and they supersede other
rules only to the extent that they are inconsistent therewith;
and
``(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
``(5)(A) 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 the 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.
``(6)(A) 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) No amendment to the approval resolution shall be in order in
either the House of Representatives or the Senate; and no motion to
suspend the application of this clause shall be in order in either
House, nor shall it be in order in either House for the Presiding
Officer to entertain a request to suspend the application of this
clause by unanimous consent.
``(C) If the committee of either House to which an approval
resolution has been referred has not reported it at the close of the
45th day after its introduction, such committee shall be automatically
discharged from further consideration of the resolution and it shall be
placed on the appropriate calendar. A vote on final passage of the
resolution shall be taken in each House on or before the close of the
15th day after the resolution is reported by the committee of that
House to which it was referred, or after such committee has been
discharged from further consideration of the resolution.
``(D)(i) On or after the third day after the date on which the
committee to which the approval resolution is referred has reported, or
has been discharged from further consideration of, such resolution, it
is in order (even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move to proceed
to the consideration of the resolution. A Member may make the motion
only on the day after the calendar day on which the Member announces to
the respective House the Member's intention to make the motion, except
that, in the case of the House of Representatives, the motion may be
made without such prior announcement if the motion is made by direction
of the Committee on Ways and Means. All points of order against the
approval resolution (and against consideration of the resolution) are
waived. The motion is highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the resolution
is agreed to, the respective House shall immediately proceed to
consideration of the approval resolution without intervening motion,
order, or other business, and the resolution shall remain the
unfinished business of the respective House until disposed of.
``(ii) Debate on the approval resolution, and on all debatable
motions and appeals in connection with the resolution, shall be limited
to not more than 20 hours, which shall be divided equally between those
favoring and those opposing the resolution. An amendment to the
resolution is not in order. A motion further to limit debate is in
order and not debatable. A motion to postpone, or a motion to proceed
to the consideration of other business, or a motion to recommit the
resolution is not in order.
``(iii) Immediately following the conclusion of the debate in the
respective House on the approval resolution and a single quorum call at
the conclusion of the debate if requested in accordance with the rules
of the respective House, the vote on final passage of the resolution
shall occur.
``(iv) Appeals from the decisions of the Presiding Officer relating
to the application of the rules of the respective House to the
procedure relating to the approval resolution shall be decided without
debate.
``(v) A motion to reconsider the vote by which the approval
resolution is agreed to or disagreed to is not in order.
``(E) For purposes of this paragraph, in computing a number of days
in either House, there shall be excluded any day on which that House is
not in session.
``(7)(A) If, before the passage by one House of an approval
resolution of that House, that House receives an approval resolution
from the other House, then the following procedures shall apply:
``(i) The approval resolution of the other House shall not
be referred to a committee and may not be considred in the
House receiving it except in the case of final passage as
provided in clause (ii)(II).
``(ii) With respect to an approval resolution of the House
receiving the resolution--
``(I) the procedure in that House shall be the same
as if no resolution had been received from the other
House, and
``(II) the vote on final passage shall be on the
resolution of the other House.
``(B) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.''.
(b) Additional Reports and Evaluations.--Section 233 of such Act is
amended further by adding at the end the following new subsections:
``(f) Biennial SSA Report on Impact of Totalization Agreements.--
Not later than 2 years after the effective date of each totalization
agreement that is transmitted to the Congress pursuant to subsection
(e), and biennially thereafter, the Commissioner of Social Security
shall submit to each House of the Congress and to the Comptroller
General a report relating to such agreement. Such report shall--
``(1) compare 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 receipts and disbursements of the social
security system established by this title; and
``(2) contain recommendations for adjusting the methods
used to make the estimates.
``(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 established by this title; and
``(C) such recommendations as the Comptroller
General determines appropriate.
``(2) Report.--Not later than 1 year after the date of the
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 with are
transmitted to the Congress on or after January 1, 2007.
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