Protection of Social Security Benefits Restoration Act

Protection of Social Security Benefits Restoration Act

This bill prohibits the application of, and repeals authority for, administrative offsets to Social Security, railroad retirement, and black lung benefits. (An administrative offset is the withholding of funds payable by or held by the United States to satisfy a debt.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5866 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5866

 To restore protections for Social Security, Railroad retirement, and 
            Black Lung benefits from administrative offset.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2021

  Mr. Grijalva (for himself, Mr. Larson of Connecticut, Mr. Levin of 
Michigan, Mr. Raskin, Mr. DeFazio, Mr. Danny K. Davis of Illinois, Ms. 
 Roybal-Allard, Mr. Higgins of New York, Ms. Norton, Mr. San Nicolas, 
and Ms. Bonamici) introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
   Ways and Means, 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 restore protections for Social Security, Railroad retirement, and 
            Black Lung benefits from administrative offset.

    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 ``Protection of Social Security 
Benefits Restoration Act''.

SEC. 2. PROTECTING SOCIAL SECURITY, RAILROAD RETIREMENT, AND BLACK LUNG 
              BENEFITS FROM ADMINISTRATIVE OFFSET.

    (a) Prohibition on Administrative Offset Authority.--
            (1) Assignment under social security act.--Section 207 of 
        the Social Security Act (42 U.S.C. 407) is amended by adding at 
        the end the following new subsection:
    ``(d) Subparagraphs (A), (C), and (D) of section 3716(c)(3) of 
title 31, United States Code, as such subparagraphs were in effect on 
the date before the date of enactment of the Protection of Social 
Security Benefits Restoration Act, shall be null and void and of no 
effect.''.
            (2) Conforming amendments.--
                    (A) Section 14(a) of the Railroad Retirement Act of 
                1974 (45 U.S.C. 231m(a)) is amended by adding at the 
                end the following: ``. The provisions of section 207(d) 
                of the Social Security Act shall apply with respect to 
                this title to the same extent as they apply in the case 
                of title II of such Act.''.
                    (B) Section 2(e) of the Railroad Unemployment 
                Insurance Act (45 U.S.C. 352(e)) is amended by adding 
                at the end the following: ``The provisions of section 
                207(d) of the Social Security Act shall apply with 
                respect to this title to the same extent as they apply 
                in the case of title II of such Act.''
    (b) Repeal of Administrative Offset Authority.--
            (1) In general.--Paragraph (3) of section 3716(c) of title 
        31, United States Code, is amended--
                    (A) by striking ``(3)(A)(i) Notwithstanding'' and 
                all that follows through ``any overpayment under such 
                program).'';
                    (B) by striking subparagraphs (C) and (D); and
                    (C) by redesignating subparagraph (B) as paragraph 
                (3).
            (2) Conforming amendment.--Paragraph (5) of such section is 
        amended by striking ``the Commissioner of Social Security 
        and''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any collection by administrative offset occurring on or after 
the date of enactment of this Act of a claim arising before, on, or 
after the date of enactment of this Act.
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