II 

113TH CONGRESS 

1ST SESSION S. 767 

To amend title II of the Social Security Act to provide for Congressional 

oversight and approval of totalization agreements. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2013 

Mr. BARRASSO (for himself, Mr. ENZI, Mr. INHOFE, and Mr. ROBERTS) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title II of the Social Security Act to provide 

for Congressional oversight and approval of totalization 

agreements. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Security Total5 ization Agreement Reform Act of 2013’’. 

6 SEC. 2. TRANSMITTAL AND APPROVAL OF TOTALIZATION 

7 AGREEMENTS. 

8 (a) IN GENERAL.—Section 233(e) of the Social Secu9 rity Act (42 U.S.C. 433(e)) is amended to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 767 IS

1 ‘‘(e)(1) Any agreement to establish a totalization ar2 rangement which is entered into with another country 

3 under this section shall enter into force with respect to 

4 the United States if (and only if)— 

5 ‘‘(A) the President, at least 90 calendar days 

6 before the date on which the President enters into 

7 the agreement, notifies each House of Congress of 

8 the President’s intention to enter into the agree9 ment, and promptly thereafter publishes notice of 

10 such intention in the Federal Register, 

11 ‘‘(B) the President transmits the text of such 

12 agreement to each House of Congress as provided in 

13 paragraph (2), and 

14 ‘‘(C) an approval resolution regarding such 

15 agreement has passed both Houses of Congress and 

16 has been enacted into law. 

17 ‘‘(2)(A) Whenever an agreement referred to in para18 graph (1) is entered into, the President shall transmit to 

19 each House of Congress a document setting forth the final 

20 legal text of such agreement and including a report by the 

21 President in support of such agreement. The President’s 

22 report shall include the following: 

23 ‘‘(i) An estimate by the Chief Actuary of the 

24 Social Security Administration of the effect of the 

25 agreement, in the short term and in the long term, 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 767 IS

1 on the receipts and disbursements under the Social 

2 Security system established by this title. 

3 ‘‘(ii) A statement of any administrative action 

4 proposed to implement the agreement and how such 

5 action will change or affect existing law. 

6 ‘‘(iii) A statement describing whether and how 

7 the agreement changes provisions of an agreement 

8 previously negotiated. 

9 ‘‘(iv) A statement describing how and to what 

10 extent the agreement makes progress in achieving 

11 the purposes, policies, and objectives of this title. 

12 ‘‘(v) An estimate by the Chief Actuary of the 

13 Social Security Administration, working in consulta14 tion with the Comptroller General of the United 

15 States, of the number of individuals who may be16 come eligible for any benefits under this title or who 

17 may otherwise be affected by the agreement. 

18 ‘‘(vi) An assessment of the integrity of the re19 tirement data and records (including birth, death, 

20 and marriage records) of the other country that is 

21 the subject of the agreement. 

22 ‘‘(vii) An assessment of the ability of such 

23 country to track and monitor recipients of benefits 

24 under such agreement. 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 767 IS

1 ‘‘(B) If any separate agreement or other under2 standing with another country (whether oral or in writing) 

3 relating to an agreement to establish a totalization ar4 rangement under this section is not disclosed to Congress 

5 in the transmittal to Congress under this paragraph of 

6 the agreement to establish a totalization arrangement, 

7 then such separate agreement or understanding shall not 

8 be considered to be part of the agreement approved by 

9 Congress under this section and shall have no force and 

10 effect under United States law. 

11 ‘‘(3) For purposes of this subsection, the term ‘ap12 proval resolution’ means a joint resolution, the matter 

13 after the resolving clause of which is as follows: ‘That the 

14 proposed agreement entered into pursuant to section 233 

15 of the Social Security Act between the United States and 

16 lllllll establishing totalization arrangements 

17 between the Social Security system established by title II 

18 of such Act and the Social Security system of 

19 lllllll, transmitted to Congress by the Presi20 dent on llllll, is hereby approved.’, the first two 

21 blanks therein being filled with the name of the country 

22 with which the United States entered into the agreement, 

23 and the third blank therein being filled with the date of 

24 the transmittal of the agreement to Congress. 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•S 767 IS

1 ‘‘(4) Whenever a document setting forth an agree2 ment entered into under this section and the President’s 

3 report in support of the agreement is transmitted to Con4 gress pursuant to paragraph (2), copies of such document 

5 shall be delivered to both Houses of Congress on the same 

6 day and shall be delivered to the Clerk of the House of 

7 Representatives if the House is not in session and to the 

8 Secretary of the Senate if the Senate is not in session. 

9 ‘‘(5) On the day on which a document setting forth 

10 the agreement is transmitted to the House of Representa11 tives and the Senate pursuant to paragraph (1), an ap12 proval resolution with respect to such agreement shall be 

13 introduced (by request) in the House by the majority lead14 er of the House, for himself or herself and the minority 

15 leader of the House, or by Members of the House des16 ignated by the majority leader and minority leader of the 

17 House; and shall be introduced (by request) in the Senate 

18 by the majority leader of the Senate, for himself or herself 

19 and the minority leader of the Senate, or by Members of 

20 the Senate designated by the majority leader and minority 

21 leader of the Senate. If either House is not in session on 

22 the day on which such an agreement is transmitted, the 

23 approval resolution with respect to such agreement shall 

24 be introduced in that House, as provided in the preceding 

25 sentence, on the first day thereafter on which that House 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•S 767 IS

1 is in session. The resolution introduced in the House of 

2 Representatives shall be referred to the Committee on 

3 Ways and Means and the resolution introduced in the Sen4 ate shall be referred to the Committee on Finance.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 this Act shall apply with respect to agreements estab7 lishing totalization arrangements entered into under sec8 tion 233 of the Social Security Act which are transmitted 

9 to Congress on or after January 1, 2014. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS