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H.R. 5866, Protection of Social Security Benefits Restoration Act

Summary

H.R. 5866 was introduced in the House of Representatives on November 4, 2021 by Mr. Grijalva (for himself and others) and referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means. It is a bill to restore protections for Social Security, Railroad retirement, and Black Lung benefits from administrative offset. Section 2 amends section 207 of the Social Security Act by adding a new subsection. The text applies to any collection by administrative offset occurring on or after the date of enactment of a claim arising before, on, or after that date.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr5866Ih Bills 117Hr5866Ih
Case
Bills Bills 117Hr5866Ih Bills 117Hr5866Ih

Cite this document

“H.R. 5866, Protection of Social Security Benefits Restoration Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5866ih-bills-117hr5866ih/, SHA-256 71d1b4348e2ba8f7c7a1f4afd21be297cc42819b1802aa41aa8ebded514deb46.

Full text

                                                                                                                                                                          I




                                                                       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 Michi-
                                                                           gan, 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 re-
                                                                           ferred to the Committee on the Judiciary, and in addition to the Com-
                                                                           mittee 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 retire-
                                                                          ment, and Black Lung benefits from administrative off-
                                                                          set.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Protection of Social
                                                                         5 Security Benefits Restoration Act’’.




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                                                                                                                                  2
                                                                         1     SEC. 2. PROTECTING SOCIAL SECURITY, RAILROAD RE-

                                                                         2                             TIREMENT,              AND         BLACK           LUNG            BENEFITS

                                                                         3                             FROM ADMINISTRATIVE OFFSET.

                                                                         4              (a) PROHIBITION ON ADMINISTRATIVE OFFSET AU-
                                                                         5     THORITY.—

                                                                         6                       (1) ASSIGNMENT                       UNDER            SOCIAL             SECURITY

                                                                         7              ACT.—Section                   207 of the Social Security Act (42
                                                                         8              U.S.C. 407) is amended by adding at the end the
                                                                         9              following new subsection:
                                                                       10               ‘‘(d) Subparagraphs (A), (C), and (D) of section
                                                                       11 3716(c)(3) of title 31, United States Code, as such sub-
                                                                       12 paragraphs were in effect on the date before the date of
                                                                       13 enactment of the Protection of Social Security Benefits
                                                                       14 Restoration Act, shall be null and void and of no effect.’’.
                                                                       15                        (2) CONFORMING AMENDMENTS.—
                                                                       16                                  (A) Section 14(a) of the Railroad Retire-
                                                                       17                        ment Act of 1974 (45 U.S.C. 231m(a)) is
                                                                       18                        amended by adding at the end the following: ‘‘.
                                                                       19                        The provisions of section 207(d) of the Social
                                                                       20                        Security Act shall apply with respect to this
                                                                       21                        title to the same extent as they apply in the
                                                                       22                        case of title II of such Act.’’.
                                                                       23                                  (B) Section 2(e) of the Railroad Unem-
                                                                       24                        ployment Insurance Act (45 U.S.C. 352(e)) is




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                                                                       25                        amended by adding at the end the following:
                                                                       26                        ‘‘The provisions of section 207(d) of the Social
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                                                                                                                                  3
                                                                         1                       Security Act shall apply with respect to this
                                                                         2                       title to the same extent as they apply in the
                                                                         3                       case of title II of such Act.’’
                                                                         4              (b) REPEAL OF ADMINISTRATIVE OFFSET AUTHOR-
                                                                         5     ITY.—

                                                                         6                       (1) IN GENERAL.—Paragraph (3) of section
                                                                         7              3716(c) of title 31, United States Code, is amend-
                                                                         8              ed—
                                                                         9                                 (A)         by     striking             ‘‘(3)(A)(i)            Notwith-
                                                                       10                        standing’’ and all that follows through ‘‘any
                                                                       11                        overpayment under such program).’’;
                                                                       12                                  (B) by striking subparagraphs (C) and
                                                                       13                        (D); and
                                                                       14                                  (C) by redesignating subparagraph (B) as
                                                                       15                        paragraph (3).
                                                                       16                        (2) CONFORMING AMENDMENT.—Paragraph (5)
                                                                       17               of such section is amended by striking ‘‘the Commis-
                                                                       18               sioner of Social Security and’’.
                                                                       19               (c) EFFECTIVE DATE.—The amendments made by
                                                                       20 this section shall apply to any collection by administrative
                                                                       21 offset occurring on or after the date of enactment of this
                                                                       22 Act of a claim arising before, on, or after the date of en-
                                                                       23 actment of this Act.




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