S. 3177, Protection of Social Security Benefits Restoration Act
Summary
Senate bill 3177, the Protection of Social Security Benefits Restoration Act, was introduced on November 4, 2021, by Wyden with Whitehouse, Padilla, Warren and others and referred to the Committee on Finance. It would restore protections for Social Security, Railroad retirement, and Black Lung benefits from administrative offset. The bill adds a subsection to section 207 of the Social Security Act making cited subparagraphs of section 3716(c)(3) of title 31, United States Code, null and void, and repeals that offset authority. The changes apply to any collection by administrative offset on or after the date of enactment.
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Cite this document
“S. 3177, Protection of Social Security Benefits Restoration Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s3177is-bills-117s3177is/
, SHA-256 42e5140021f98fbeac60c6a39d78206370c4491da5ae18723d30973622b67135.Full text
II
117TH CONGRESS
1ST SESSION
S. 3177
To restore protections for Social Security, Railroad retirement, and Black
Lung benefits from administrative offset.
IN THE SENATE OF THE UNITED STATES
NOVEMBER 4, 2021
Mr. WYDEN (for himself, Mr. WHITEHOUSE, Mr. PADILLA, Ms. WARREN, Mr.
VAN HOLLEN, Mrs. MURRAY, Mr. BROWN, Mr. SANDERS, Ms. HIRONO,
and Mr. LEAHY) introduced the following bill; which was read twice and
referred to the Committee on Finance
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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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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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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