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Testimony:

Before the Subcommittee on Immigration, Border Security, and Claims, 
Committee on the Judiciary, House of Representatives:

United States General Accounting Office:

GAO:

For Release on Delivery Expected at 11:00 a.m. EDT:

Thursday, September 11, 2003:

Social Security:

Proposed Totalization Agreement with Mexico Presents Unique Challenges:

Statement of Barbara D. Bovbjerg, Director Education, Workforce, and 
Income Security Issues:

GAO-03-1035T:

GAO Highlights:

Highlights of GAO-03-1035T, a testimony before the Subcommittee on 
Immigration, Border Security, and Claims, Committee on the Judiciary, 
House of Representatives 

Why GAO Did This Study:

Totalization agreements foster international commerce and protect 
benefits for persons who have worked in foreign countries. They 
eliminate dual social security taxes that multinational employers and 
their employees pay when they operate and reside in countries with 
parallel social security systems and fill gaps in benefit protection 
for persons who have worked in different countries. Because Mexicans 
are believed to represent a large share of the millions of 
unauthorized workers present in the United States, a totalization 
agreement with Mexico has raised concerns that they would become newly 
eligible for social security benefits. 

To shed light on the possible impacts, this testimony (1) describes 
the Social Security Administration’s (SSA) processes for developing 
the agreement with Mexico, (2) explains how the agreement might affect 
the payment of benefits to Mexican citizens, and (3) assesses the cost 
estimate for such an agreement.

What GAO Found:

SSA has no written policies or procedures it follows when entering 
into totalization agreements, and the actions it took to assess the 
integrity and compatibility of Mexico’s social security system were 
limited and neither transparent nor well-documented. SSA followed the 
same procedures for the proposed Mexican agreement that it used in all 
prior agreements. SSA officials told GAO that they briefly toured 
Mexican facilities, observed how its automated systems functioned, and 
identified the type of data maintained on Mexican workers. However, 
SSA provided no information showing that it assessed the reliability 
of Mexican earnings data and the internal controls used to ensure the 
integrity of information that SSA will rely on to pay social security 
benefits. 

The proposed agreement will likely increase the number of unauthorized 
Mexican workers and family members eligible for social security 
benefits. Mexican workers who ordinarily could not receive social 
security retirement benefits because they lack the required 40 
coverage credits for U.S. earnings could qualify for partial Social 
Security benefits with as few as 6 coverage credits. In addition, 
under the proposed agreement, more family members of covered Mexican 
workers would become newly entitled because the agreements usually 
waive rules that prevent payments to noncitizens’ dependents and 
survivors living outside the United States. 

The cost of such an agreement is highly uncertain. In March 2003, the 
Office of the Chief Actuary estimated that the cost of the Mexican 
agreement would be $78 million in the first year and would grow to 
$650 million (in constant 2002 dollars) by 2050. The actuarial cost 
estimate assumes the initial number of newly eligible Mexican 
beneficiaries is equivalent to the 50,000 beneficiaries living in 
Mexico today and would grow sixfold over time. However, this proxy 
figure does not directly consider the estimated millions of current 
and former unauthorized workers and family members from Mexico and 
appears small in comparison with those estimates. The estimate also 
inherently assumes that the behavior of Mexican citizens would not 
change and does not recognize that an agreement could create an 
additional incentive for unauthorized workers to enter the United 
States to work and maintain documentation to claim their earnings 
under a false identity. Although the actuarial estimate indicates that 
the agreement would not generate a measurable long-term impact on the 
actuarial balance of the trust funds, a subsequent sensitivity 
analysis performed at GAO’s request shows that a measurable impact 
would occur with an increase of more than 25 percent in the estimate 
of initial, new beneficiaries. For prior agreements, error rates 
associated with estimating the expected number of new beneficiaries 
have frequently exceeded 25 percent, even in cases where uncertainties 
about the number of unauthorized workers were less prevalent. Because 
of the significant number of unauthorized Mexican workers in the 
United States, the estimated cost of the proposed totalization 
agreement is even more uncertain than in prior agreements. 

www.gao.gov/cgi-bin/getrpt?GAO-03-1035T.

To view the full product, including the scope and methodology, click 
on the link above. For more information, contact Barbara D. Bovbjerg, 
(202) 512-7215, bovbjergb@gao.gov.

[End of section]

Mr. Chairman and Members of the Subcommittee:

I am pleased to be here today to discuss social security totalization 
agreements and specific issues related to a potential agreement between 
the United States and Mexico.

Totalization agreements foster international commerce and protect 
benefits for persons who have worked in foreign countries in two ways. 
First, the agreements eliminate dual social security taxes that 
multinational employers and their employees must pay when they operate 
and reside in countries with parallel social security programs. Second, 
the agreements help to fill gaps in benefit protection for persons who 
have worked in different countries for portions of their careers. Since 
1977, the United States has entered into 20 totalization agreements.

Over the last year, the United States has been negotiating a 
totalization agreement with Mexico that has received considerable 
attention among the media and others regarding its potential impacts. 
Because Mexicans represent a large share of the millions of 
unauthorized workers present in the United States, a totalization 
agreement with Mexico has raised concerns that many such workers would 
become newly eligible for social security benefits at a time when long-
term trust fund solvency is threatened. To shed light on the possible 
impacts of such an agreement, the Chairman of the House Judiciary 
Committee, and the Chairman of the House Ways and Means Social Security 
Subcommittee asked us to (1) describe the Social Security 
Administration's (SSA) processes for developing the proposed agreement 
with Mexico, (2) explain how the agreement might affect the payment of 
social security benefits to Mexican citizens, and (3) assess SSA's cost 
estimates for such an agreement.

To address these objectives, we reviewed existing totalization 
agreements and the laws governing them; interviewed and obtained key 
documentation from SSA, Department of State, and Mexican Embassy 
personnel; and reviewed a range of demographic data and estimates 
addressing Mexican immigration. We also examined SSA's actuarial cost 
estimates and supporting documentation for the proposed Mexican 
agreement. We conducted our work between January and August 2003, in 
accordance with generally accepted government auditing standards. My 
statement today is based on this completed work. Our final report with 
recommendations will be issued by September 30th.

In summary, SSA has no written policies or procedures outlining the 
specific steps it follows when entering into totalization agreements, 
and the actions it took to assess the integrity and compatibility of 
Mexico's social security system were limited and neither transparent 
nor well-documented. SSA officials briefly toured Mexican facilities, 
observed how their automated systems functioned, and identified the 
type of data maintained on Mexican workers. However, SSA provided no 
information showing that it assessed the reliability of Mexican 
earnings data and the internal controls in place to ensure the 
integrity of information that SSA will rely on to pay social security 
benefits.

The proposed agreement will increase the number of Mexican workers and 
family members eligible for social security benefits. Workers who 
ordinarily could not receive benefits because they lack the required 40 
coverage credits for U.S. earnings could qualify for partial Social 
Security benefits with as few as 6 coverage credits. Under the proposed 
agreement, more family members of covered Mexican workers would also 
become newly entitled because of the waiver of rules that prevent 
payment to noncitizens' dependents and survivors living outside the 
United States.

Finally, the cost of a totalization agreement with Mexico is highly 
uncertain. SSA's actuarial estimate states that the cost of a Mexican 
agreement would be $78 million in the first year and would grow to $650 
million by 2050. The estimate assumes the initial number of newly 
eligible Mexican beneficiaries is equivalent to the 50,000 
beneficiaries living in Mexico today and would grow sixfold over time. 
However, this proxy figure does not directly consider the estimated 
millions of current and former unauthorized workers and family members 
from Mexico and appears small in comparison with those estimates. 
Although the actuarial estimate indicates that the agreement would not 
generate a measurable impact on the trust funds, an increase of more 
than 25 percent in the estimate of initial, new beneficiaries would 
generate a measurable impact. For prior agreements, error rates 
associated with estimating the expected number of new beneficiaries 
have frequently exceeded 25 percent. Because of the significant number 
of unauthorized Mexican workers in the United States, the estimated 
cost of the proposed totalization agreement is even more uncertain than 
for the prior agreements.

Background:

SSA administers the Old Age, Survivors, and Disability Insurance 
programs under Title II of the Social Security Act. About 96 percent of 
the nation's work force is in social security-covered employment and 
pays tax on their annual earnings. When workers pay social security 
taxes, they earn coverage credits, and 40 credits--equal to at least 10 
years of work--entitle them to social security benefits when they reach 
retirement age.[Footnote 1]

In 1977, the Congress authorized the President to enter into 
totalization agreements with other countries. These bilateral 
agreements are intended to accomplish three purposes. First, they 
eliminate dual social security coverage and taxes that multinational 
employers and employees encounter when they operate and their workers 
temporarily reside and work for the corporation, usually no more than 5 
years, in a foreign country with its own social security program. Under 
the agreements, U.S. employers and their workers sent temporarily 
abroad would benefit by paying only U.S. social security taxes, and 
foreign businesses and their workers would benefit by paying only 
social security taxes to their home country. Second, the agreements 
provide benefit protection to workers who have divided their careers 
between the United States and a foreign country, but lack enough 
coverage under either social security system to qualify for benefits, 
despite paying taxes into both systems. Totalization agreements allow 
such workers to combine (totalize) work credits earned in both 
countries to meet minimum benefit qualification requirements. Third, 
most totalization agreements improve the portability of social security 
benefits by removing rules that suspend benefits to noncitizens who 
live outside the benefit-paying country.

By law, proposed agreements are sent to the Congress together with a 
report on the effects on the agreement. Under the statute, the 
agreement becomes effective on any date provided in the agreement after 
one House of the Congress has been in session 60 days, unless either 
House of the Congress adopts a resolution of disapproval.[Footnote 2] 
Table 1 shows agreements in effect and the years they became effective.

Table 1: Existing Totalization Agreements between the United States and 
Other Countries and Year of Effective Date of the Original Agreements:

Countries: Italy; Year: 1978.

Countries: Germany; Year: 1979.

Countries: Switzerland; Year: 1980.

Countries: Belgium; Year: 1984.

Countries: Norway; Year: 1984.

Countries: Canada; Year: 1984.

Countries: United Kingdom; Year: 1985.

Countries: Sweden; Year: 1987.

Countries: Spain; Year: 1988.

Countries: France; Year: 1988.

Countries: Portugal; Year: 1989.

Countries: Netherlands; Year: 1990.

Countries: Austria; Year: 1991.

Countries: Finland; Year: 1992.

Countries: Ireland; Year: 1993.

Countries: Luxembourg; Year: 1993.

Countries: Greece; Year: 1994.

Countries: South Korea; Year: 2001.

Countries: Chile; Year: 2001.

Countries: Australia; Year: 2002.

Source: SSA.

[End of table]

To qualify for totalized U.S. social security benefits, a worker must 
have at least 6 but no more than 39 U.S. coverage credits. Benefit 
amounts are based on the portion of time a foreign citizen worked in 
the United States and, thus, are almost always lower than full social 
security benefits. The average monthly, totalized social security 
benefit at the end of 2001 was $162, compared with the average 
nontotalized monthly social security benefit of $825. In 2001, SSA paid 
about $173 million under totalization agreements to about 89,000 
persons, including their dependents.

Under U.S. law, immigrants may not work in the United States unless 
specifically authorized. Nevertheless, immigrants often do work without 
authorization and pay social security taxes. Under the Social Security 
Act, all earnings from covered employment in the United States count 
towards earning social security benefits, regardless of the lawful 
presence of the worker, his or her citizenship status, or country of 
residence. Immigrants become entitled to benefits from unauthorized 
work if they can prove that the earnings and related contributions 
belong to them. However, they cannot collect such benefits unless they 
are either legally present in the United States or living in a country 
where SSA is authorized to pay them their benefits. Mexico is such a 
country.

SSA's Process for Developing Agreements Is Not Thorough or Well-
Documented:

A lack of transparency in SSA's processes, and the limited nature of 
its review of Mexico's program, cause us to question the extent to 
which SSA will be positioned to respond to potential program risks 
should a totalization agreement with Mexico take place. SSA officials 
told us that the process used to develop the proposed totalization 
agreement with Mexico was the same as for prior agreements with other 
countries. The process--which is not specified by law or outlined in 
written policies and procedures--is informal, and the steps SSA takes 
when entering into agreements are neither transparent nor well-
documented.

Current law does not prescribe how SSA should select potential 
agreement countries. According to SSA, interest in a Mexican agreement 
dates back more than 20 years. SSA officials noted that increased 
business interaction between the two countries due to the North 
American Free Trade Agreement (NAFTA) was a factor in the renewed 
negotiations. In addition, because there is a totalization agreement 
with Canada, our other NAFTA partner, SSA believed that equity concerns 
required consideration of an agreement with Mexico. In February 2002, 
SSA sought clearance from the Department of State to begin such 
negotiations.

The law also does not specify which elements of other countries' social 
security systems must be evaluated during totalization agreement 
negotiations. SSA officials met with Mexican officials to exchange 
narrative information on their respective programs. Senior SSA 
officials also visited Mexico for 2 days in August 2002. During their 
visit, these officials told us that they toured social security 
facilities, observed how Mexico's automated social security systems 
functioned, and identified the type of data maintained on Mexican 
workers. SSA took no technical staff on this visit to assess system 
controls or data integrity processes. In effect, SSA only briefly 
observed the operations of the Mexican social security program. 
Moreover, SSA did not document its efforts or perform any additional 
analyses then, or at a later time, to assess the integrity of Mexico's 
social security data and the controls over that data. In particular, 
SSA officials provided no evidence that they examined key elements of 
Mexico's program, such as its controls over the posting of earnings, 
and its processes for obtaining key birth and death information for 
Mexican citizens. Nor did SSA evaluate how access to Mexican data and 
records is controlled and monitored to prevent unauthorized use or 
whether internal and external audit functions exist to evaluate 
operations.

Because all totalization agreements represent a financial commitment 
with implications for social security tax revenues and benefit outlays, 
a reasonable level of due diligence and analysis is necessary to help 
federal managers identify issues that could affect benefit payment 
accuracy or expose the nation's system to undue risk. Our Internal 
Control Management and Evaluation Tool provides a risk assessment 
framework to help federal managers mitigate fraud, waste, abuse, and 
mismanagement in public programs, such as social security. A key 
component of this framework is the identification of internal and 
external risks that could impede the achievement of objectives at both 
the entity and program levels. Identified risks should then be analyzed 
for their potential effect and an approach devised to mitigate them.

SSA did not conduct these types of analyses in previous agreements or 
in the case of the proposed Mexican agreement, despite documented 
concerns among Mexican government officials and others regarding the 
integrity of Mexico's records, such as those for birth, death, and 
marriage, as well as its controls over assigning unique identification 
numbers to workers for benefit purposes. Such information will likely 
play a role in SSA's ability to accurately determine Mexican workers' 
initial and continuing eligibility for benefits under a totalization 
agreement.

Totalization Agreements Will Increase Benefit Payments to Mexican 
Citizens:

A totalization agreement with Mexico will increase the number of 
Mexican citizens who will be paid U.S. social security benefits in two 
ways. First, the agreement will make it easier for Mexican workers to 
qualify for benefits. Second, it will remove some nonpayment 
restrictions that affect benefit payments to non-U.S. citizens' family 
members residing in another country, thus providing U.S. social 
security benefits to more survivors and dependents of entitled Mexican 
workers.

Under current law, a worker must earn sufficient coverage credits to 
qualify for benefits under the U.S. Social Security program. For 
example, a worker who was born in 1929 or later generally needs 40 
coverage credits to be insured for retirement benefits. Credits are 
based on a worker's annual earnings in social security-covered 
employment. At most, 4 credits can be earned per year so that it takes 
at least 10 years of covered earnings in the United States for a worker 
to accumulate the necessary 40 credits and become insured for 
retirement benefits.

Currently, social security credits are earned by anyone who has worked 
in covered employment in the United States. This is true even if the 
person was unauthorized to work when he/she earned coverage credits. 
For example, noncitizens, including Mexicans, who are at least 62 years 
old and lawfully present in the United States, will receive retirement 
benefits today as long as they meet the coverage credit threshold. Even 
Mexican citizens who are not lawfully present in this country can 
receive social security benefits earned through unauthorized employment 
if they later return to live in Mexico. Similarly, under current law, 
noncitizen dependents and survivors can also receive social security 
benefits under some circumstances.

Totalization agreements generally expand benefits to both authorized 
and unauthorized workers and create new groups of beneficiaries. This 
would be the case for a totalization agreement with Mexico if it 
follows the same pattern as all prior totalization agreements. Mexican 
citizens with fewer than 40 coverage credits will be permitted to 
combine their annual earnings under their home country's social 
security program with their annual earnings under the U.S. Social 
Security program to meet the 40-credit requirement.[Footnote 3] In 
addition, more family members of covered workers will qualify for 
dependent and survivor benefits. Totalization agreements generally 
override Social Security Act provisions that prohibit benefit payments 
to noncitizens' dependents and survivors who reside outside the United 
States for more than 6 months, unless they can prove that they lived in 
the United States for 5 years in a close family relationship with the 
covered worker. If a totalization agreement with Mexico is structured 
like others already in force, the 5-year rule for dependents and 
survivors will be waived.

However, it is important to understand that not all unauthorized 
Mexican citizens who have worked in the United States will receive 
totalization benefits. Some will have earned at least 40 coverage 
credits and can receive social security benefits without a totalization 
agreement. Still others may have worked under false identities and may 
not be able to prove that they have the necessary coverage credits to 
be entitled to benefits. Others still may not accumulate sufficient 
credits under the Mexican social security system to totalize with their 
U.S. social security coverage.

Poor Data Undermine the Reliability of SSA's Cost Estimate:

The cost of a totalization agreement with Mexico is highly uncertain. 
In March 2003, the Office of the Chief Actuary (OCACT) estimated that 
the cost of the Mexican agreement would be $78 million in the first 
year and would grow $650 million (in constant 2002 dollars) in 2050. 
SSA's actuarial cost estimate assumes the initial number of newly 
eligible Mexican beneficiaries was equivalent to the 50,000 
beneficiaries living in Mexico today and would grow sixfold over time. 
However, this proxy figure is not directly related to the estimated 
millions of current and former unauthorized workers and their family 
members from Mexico and appears small in comparison to those estimates. 
Furthermore, even if the baseline estimate is used, a sensitivity 
analysis performed by OCACT shows that an increase of more than 25 
percent--or 13,000 new beneficiaries--would produce a measurable impact 
on the long-range actuarial balance of the trust funds. Our review of 
cost estimates for prior totalization agreements shows that the actual 
number of beneficiaries has frequently been underestimated and far 
exceeded the original actuarial estimates.

Actuarial Estimates Are Based on Varied Data Sources:

OCACT develops estimates of expected costs of totalization agreements 
by analyzing pertinent data from prior agreements, work visas issued, 
foreign corporations operating in the United States, and U.S. Census 
data. Because of extensive unauthorized immigration from Mexico, OCACT 
concluded that U.S. Census data, that would typically be used to 
estimate the number of new beneficiaries under an agreement, were not 
reliable.

Instead, OCACT used the number of fully insured beneficiaries--U.S. 
citizens and others living in Mexico--currently receiving U.S. social 
security benefits as a proxy for the number of Mexican citizens who 
would initially receive totalized benefits. The principal basis for 
this assumption was a 1997 study of Mexican immigration patterns 
conducted by a private nonprofit organization.[Footnote 4] This study 
indicated that the percentage of Mexican immigrants who returned to 
Mexico after more than 10 years and, therefore, could qualify for 
benefits is roughly equal to the percentage that returned after staying 
2 to 9 years and would not have the required credits. Thus, OCACT 
assumed that the potential totalized initial new beneficiaries would be 
equivalent to the 50,000 persons currently receiving benefits in 
Mexico.

For the proposed Mexican agreement, both a short-term (covering the 
first 8 years of the agreement) and a long-term (covering 75 years) 
cost estimate were developed.[Footnote 5] The estimated cost to the 
Social Security Trust Funds would be about $78 million in the first 
year of the agreement. For the long-term cost estimate, OCACT projected 
that the number of beneficiaries would ultimately increase sixfold to 
300,000 over a 45-year period after the agreement took effect and equal 
about $650 million (in constant 2002 dollars) in 2050. However, the 
actuarial analysis notes that the methodology was indirect and involved 
considerable uncertainty.

As a rough check on the reasonableness of using current beneficiaries 
in Mexico for its cost estimate, OCACT analyzed totalized beneficiary 
data for Canadian citizens because Canada, like Mexico, is a NAFTA 
trading partner and shares a large contiguous border. After determining 
the ratio of Canadians receiving totalized versus fully insured 
benefits, OCACT applied this ratio to the number of Mexican-born U.S. 
social security beneficiaries and found that about 37,000 beneficiaries 
would be expected under the agreement initially, if the Canadian 
experience proves predictive of the Mexican outcome. According to 
OCACT, this comparison increased its confidence that the assumed 50,000 
new beneficiaries under the agreement was within a reasonable range.

Estimated Cost of Mexican Agreement Is Highly Uncertain:

Limited data about unauthorized workers make any estimate of the 
expected costs of a Mexican totalization agreement highly uncertain. A 
significant variable of any totalization agreement cost estimate is the 
identification of the number of potential beneficiaries. Estimates of 
the number of unauthorized Mexican immigrants living in the United 
States vary.[Footnote 6] The federal government's estimate was 
published in January 2003 and comes from the former Immigration and 
Naturalization Service (INS).[Footnote 7] INS estimated that, as of 
January 2000, about 5 million, or 69 percent of all unauthorized 
immigrants in the United States, were from Mexico. INS's estimate also 
indicated that this figure was expected to increase by about 240,000 
persons annually.

The INS estimate, however, does not include unauthorized Mexican 
workers and family members who no longer live in the United States and 
could also conceivably benefit from a totalization agreement. Economic 
disparity between the United States and Mexico has fostered 
longstanding immigration from Mexico to the United States dating back 
many decades. Various studies also show that fewer than a third of 
Mexican immigrants stay more than 10 years in the United States, the 
minimum amount of time needed to qualify for social security retirement 
benefits.[Footnote 8] For cost analysis purposes, little is known about 
the population of former immigrants who have returned to Mexico in 
terms of their age, work history, dependents, and social security 
coverage. These factors increase the inherent uncertainty of any long-
range forecasts with regard to Mexico. It is under this backdrop that 
OCACT set about developing an estimate of the costs of the potential 
totalization agreement.

We have several concerns about OCACT's estimate of the number of 
expected beneficiaries and cost of an agreement with Mexico. First, the 
use of the 50,000 fully insured beneficiaries receiving benefits in 
Mexico as a proxy for individuals who might initially benefit from an 
agreement, does not directly consider the estimated millions of 
unauthorized Mexican immigrants in the United States and Mexico who are 
not fully insured and might receive totalized benefits. Furthermore, 
despite the availability of key data about earnings, work histories, 
years of employment, and dependents for the 50,000 fully insured 
beneficiaries, OCACT did not analyze this population to determine 
whether they represented a good proxy for individuals likely to qualify 
for totalized benefits. The cost estimate also inherently assumes that 
the behavior of Mexican citizens would not change after a totalization 
agreement goes into effect. Under totalization, unauthorized workers 
could have an additional incentive to enter the United States to work 
and to maintain the appropriate documentation necessary to claim their 
earnings under a false identity. Thus, a large number of Mexican 
citizens have likely earned some social security coverage credits 
through both authorized and unauthorized work to meet the 40-credit 
threshold requirement and are not directly accounted for in SSA's 
estimate.

Second, SSA's reasonableness check using Canadian data faces similar 
questions. While Mexico and Canada are NAFTA partners and share a 
common border with the United States, there is a dramatic difference in 
the extent of unauthorized immigration from these two countries and, in 
our view, the Canadian experience is not a good predictor of experience 
under an agreement with Mexico. Recent INS data show that Mexican 
citizens account for about 69 percent of unauthorized U.S. immigrants, 
whereas Canadian citizens account for less than 1 percent, and all 
other totalization agreement countries combined account for less than 3 
percent. It is this population of unauthorized immigrants that makes 
estimating the cost of a totalization agreement with Mexico 
particularly problematic.

Finally, even though SSA's actuarial analysis increases the number of 
beneficiaries sixfold over time, the expected 300,000 beneficiaries in 
2050 represents only about 6 percent of the estimated number of 
unauthorized Mexicans in the United States today, and thus appears 
relatively low. Although it would be unreasonable to expect all 
unauthorized Mexicans in the United States to qualify for totalized 
benefits, the very large difference between estimated and potential 
beneficiaries underscores the uncertainty of the estimate and suggests 
that any difference between estimated and actual costs will be on the 
high side.

Indeed, it would take only a relatively small increase in new 
beneficiaries from the original actuarial assumption of 50,000 initial 
new beneficiaries to have a measurable impact on the long-range 
actuarial balance of the trust funds. OCACT has estimated that the 
agreement would not generate a measurable impact on the long-range 
actuarial balance. However, a subsequent sensitivity analysis performed 
at our request shows that a measurable impact on the long-range 
actuarial balance of the trust funds will occur if the baseline figure 
is underestimated by more than 25 percent--just 13,000 additional 
beneficiaries above the estimated 50,000 new beneficiaries.

Our analysis of past actuarial estimates of expected beneficiaries 
under totalization agreements shows that exceeding the 25 percent 
threshold has not been unusual, even in agreements where uncertainty 
about the number of unauthorized workers is substantially 
less.[Footnote 9] Our review of prior estimates shows that OCACT 
frequently either overestimated or underestimated the number of 
expected beneficiaries, usually by more than 25 percent (see table 2). 
In fact, where underestimates occurred, the differences were huge, 
involving several orders of magnitude. However, it is important to note 
that the number of estimated beneficiaries for prior agreements is 
substantially smaller than for the proposed Mexican agreement. 
Therefore, the differences in actual beneficiaries from estimated 
beneficiaries have a higher proportional impact. Furthermore, OCACT has 
not underestimated the number of expected beneficiaries for the 
agreements we analyzed since the 1991 agreement with Austria. 
Nevertheless, the numerous uncertainties and data gaps associated with 
the Mexican agreement elevate the risks associated with any cost 
estimate.

Table 2: Precision of OCACT's Cost Estimates for 11 Prior Totalization 
Agreements:

Percent actual beneficiaries is greater/(less) than estimated 
beneficiaries: CountryUnited Kingdom: [Empty].

Country: United Kingdom; Effective year of agreement: 1985; 
Beneficiaries: Estimated: 3,500; Beneficiaries: Actual: 2,084; Percent 
actual beneficiaries is greater/(less) than estimated beneficiaries: 
(40).

Country: Sweden; Effective year of agreement: 1987; Beneficiaries: 
Estimated: 100; Beneficiaries: Actual: 211; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: 111.

Country: Spain; Effective year of agreement: 1988; Beneficiaries: 
Estimated: 300; Beneficiaries: Actual: 377; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: 26.

Country: France; Effective year of agreement: 1988; Beneficiaries: 
Estimated: 200; Beneficiaries: Actual: 968; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: 384.

Country: Portugal; Effective year of agreement: 1989; Beneficiaries: 
Estimated: 100; Beneficiaries: Actual: 701; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: 601.

Country: Netherlands; Effective year of agreement: 1990; Beneficiaries: 
Estimated: 100; Beneficiaries: Actual: 310; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: 210.

Country: Austria; Effective year of agreement: 1991; Beneficiaries: 
Estimated: 100; Beneficiaries: Actual: 314; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: 214.

Country: Finland; Effective year of agreement: 1992; Beneficiaries: 
Estimated: 100; Beneficiaries: Actual: 38; Percent actual beneficiaries 
is greater/(less) than estimated beneficiaries: (62).

Country: Luxembourg; Effective year of agreement: 1993; Beneficiaries: 
Estimated: 40; Beneficiaries: Actual: 12; Percent actual beneficiaries 
is greater/(less) than estimated beneficiaries: (70).

Country: Ireland; Effective year of agreement: 1993; Beneficiaries: 
Estimated: 1,100; Beneficiaries: Actual: 515; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: (53).

Country: Greece; Effective year of agreement: 1994; Beneficiaries: 
Estimated: 1,000; Beneficiaries: Actual: 918; Percent actual 
beneficiaries is greater/(less) than estimated beneficiaries: (8).

Source: GAO analysis of SSA data.

Note: Actual data were not available for years prior to 1987 so 
comparisons for six earlier agreements could not be made. Also, 
comparison could not be made for the three recent agreements.

[End of table]

Conclusions:

Totalization agreements between the United States and other countries 
often foster enhanced diplomatic relations and provide mutually 
beneficial business, tax, and other incentives to employers and 
employees affected by these agreements. At the same time, they impose a 
financial cost to both countries' social security programs. SSA's 
processes for entering into these agreements have been informal and 
have not included specific steps to assess and mitigate potential 
risks. Regardless of the country under consideration, sound management 
practices dictate that SSA managers have a risk management process in 
place to ensure that the interests of the United States and the Social 
Security Trust Funds are protected.

Most totalization agreements have been with countries that are 
geographically distant to the United States, have developed economies, 
and represent only a fraction of the estimated unauthorized immigrants 
in the United States. Still, all agreements include some level of 
uncertainty, and require due diligence on SSA's part to alleviate those 
uncertainties. An agreement with Mexico, however, presents unique and 
difficult challenges for SSA because so little is known about the size, 
work history, earnings, and dependents of the unauthorized Mexican 
population. Furthermore, a common border and economic disparity between 
the United States and Mexico have fostered significant and longstanding 
unauthorized immigration into the United States, making an agreement 
with Mexico potentially far more costly than any other. Thus, for the 
Mexican agreement, additional analyses to assess risks and costs may be 
called for.

A revised approach for entering into totalization agreements with all 
countries would enhance the quality of information provided to the 
Congress, which is tasked with reviewing these vital long-term 
commitments. A more thorough prospective analysis will also provide a 
better basis for determining whether agreements under consideration 
meet the mutual economic and business needs of all parties. Finally, 
current solvency issues require the Congress to think carefully about 
future trust fund commitments resulting from totalization agreements. 
Having more timely and complete information on the benefits, costs, and 
risks associated with each agreement can only serve to better inform 
their decisions.

Mr. Chairman, this concludes my statement. I would be happy to respond 
to any questions that you or other members of the Subcommittee may 
have.

For information regarding this testimony, please contact Barbara D. 
Bovbjerg, Director, Education, Workforce, and Income Security Issues, 
on (202) 512-7215. Individuals who made key contributions to this 
testimony are Daniel Bertoni, Gerard Grant, William Staab, and Paul 
Wright.

FOOTNOTES

[1] Different requirements govern the number of coverage credits 
necessary to receive disability and survivors benefits for workers who 
become disabled or die with relatively short work careers.

[2] In 1983, the Supreme Court found that a provision in the 
Immigration and Nationality Act that allowed either House of the 
Congress to adopt a resolution of disapproval of a deportation decision 
was unconstitutional (INS v. Chadha, 462 U.S. 919 (1983)). To date, 
neither House of the Congress has ever disapproved a proposed 
totalization agreement. The effect of the Chadha decision on the part 
of the Social Security Act providing for totalization agreements has 
not been ruled on by the courts.

[3] Under an agreement, U.S. citizens will also be able to receive 
totalized Mexican benefits. The amount of time needed to qualify for 
Mexican social security benefits is about 9.6 years under the former 
pay-as-you-go plan that closed in July 1997 and 24 years under the 
defined contribution plan that replaced it. 

[4] Belinda I. Reyes, Dynamics of Immigration: Return Migration to 
Western Mexico, Public Policy Institute of California, January 1997.

[5] For prior agreements with other countries, the OCACT developed only 
short-term estimates covering periods ranging from 1 to 5 years because 
it was determined that the number of expected beneficiaries were too 
few to have a measurable cost impact on the long-range actuarial 
balance of the trust funds.

[6] For example, the Pew Hispanic Center estimated that there are 
between 3.4 and 5.7 million unauthorized Mexican citizens in the United 
States, and the Urban Institute has estimated that there are more than 
4 million.

[7] In March 2003, INS functions were transferred to the Department of 
Homeland Security. Responsibility for deriving these estimates now lies 
with the Under Secretary Management, Office of Immigration Statistics.

[8] Reyes (1997), p. 13 lists several studies that document the 
temporary and circular nature of Mexican migration to the United 
States.

[9] OCACT staff told us that it would be best to look at precision of 
past estimates by comparing the estimated number of beneficiaries for 
the last year of the estimate with actual data for that same year. We 
were able to make this comparison for 11 countries.