Social Security Totalization Agreement Reform Act of 2011 or STAR Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that any agreement to establish a totalization arrangement which is entered into with another country shall enter into force with respect to the United States if (and only if): (1) the President, at least 90 calendar days before the date on which he enters into the agreement, notifies each House of Congress of his intention to enter into it, and promply thereafter publishes notice of such intention in the Federal Register; (2) he transmits the text of such agreement to each House of the Congress; and (3) a joint resolution regarding such agreement has passed both Houses of Congress and been enacted into federal law.
Sets forth procedures for the consideration of such a joint resolution.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 181 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 181
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. Ensign (for himself, Mr. Burr, Mr. Enzi, Mr. Barrasso, Mr. Roberts,
and Mr. Cornyn) 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 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.
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 2011'' or the ``STAR Act''.
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 _______ establishing totalization arrangements
between the Social Security system established by title II of such Act
and the Social Security system of _______, transmitted to 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 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, 2011, 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, 2011.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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