S. 1649Senate116th Congress (2019-2021)In Committee

Protection of Social Security Benefits Restoration Act

Sponsored by Ron WydenSen. Ron Wyden (D-OR)
Introduced May 23, 2019

AI-Generated Summary

Updated April 14, 2026 at 5:33 AM UTC

The Protection of Social Security Benefits Restoration Act would stop the federal government from using administrative offset to collect debts by taking money from Social Security, Railroad Retirement, and Black Lung benefit payments. It amends the Social Security Act and related railroad retirement statutes to nullify the provisions that currently allow such offsets, and it applies the same protection to railroad retirement and unemployment insurance benefits. The changes take effect for any offset collections made after the law is enacted.

Key Provisions

  • Adds a new subsection to the Social Security Act that makes certain Treasury offset provisions (31 U.S.C. §3716(c)(3) subparagraphs A, C, and D) null and void.
  • Amends the Railroad Retirement Act and the Railroad Unemployment Insurance Act so the same offset protection applies to those benefit programs.
  • Repeals the remaining administrative offset authority in 31 U.S.C. §3716(c)(3) by striking the language that permits offsets for overpayments.
  • Specifies that the new protections apply to any offset collections occurring after the law’s enactment.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (Sponsor introductory remarks on measure: CR S3110-3111; text: CR S3110-3111)

May 23, 2019

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SenateIntro Referral

Introduced in Senate

May 23, 2019

SenateIntro Referral

Read twice and referred to the Committee on Finance. (Sponsor introductory remarks on measure: CR S3110-3111; text: CR S3110-3111)

May 23, 2019

Floor Debate

4 members

What members said about S. 1649 on the floor

1 Republican3 Democrats
Ron Wyden
Sen. Ron WydenD-OR · May 23, 2019

Mr. President, today Senator Crapo of Idaho, Senator Merkley of Oregon, Senator Risch of Idaho, and I are introducing the Forest Management for Rural Stability Act. This legislation replaces the…

Ron Wyden
Sen. Ron WydenD-OR · May 23, 2019

Mr. President, Social Security provides vital benefits to millions of Americans who work and pay into the system with each paycheck. Because Social Security is fundamental to workers' retirement…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 23, 2019

Mr. President, I rise today with my colleague from Minnesota, Senator Tina Smith, to introduce the TICK Act. This stands for Ticks: Identify, Control, and Knockout Act. I would also like to recognize…

Jack Reed
Sen. Jack ReedD-RI · May 23, 2019

Mr. President, I am pleased to be joining Senator Blunt in introducing the Ensuring Children's Access to Specialty Care Act. According to the American Association of Child and Adolescent Psychiatry,…

Tina Smith
Sen. Tina SmithD-MN · May 23, 2019

Mr. President, I thank Senator Collins for her leadership on this issue. I am very happy to have a chance to work with her on this. Today, my colleague Senator Collins and I are introducing a bill to…

Bill Text

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Introduced in SenateIssued May 23, 2019

II

116th CONGRESS

1st Session

S. 1649

IN THE SENATE OF THE UNITED STATES

May 23 (legislative day, May 22), 2019

Mr. Wyden (for himself, Mr. Brown, Mr. Whitehouse, Mr. Leahy, Ms. Warren, Ms. Hirono, Mr. Sanders, Mrs. Gillibrand, Mr. Merkley, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

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

1.

Short title

This Act may be cited as the Protection of Social Security Benefits Restoration Act.

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.