I
117th CONGRESS
1st Session
H. R. 5866
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.
Short title
This Act may be cited as the Protection of Social Security Benefits Restoration Act
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Protecting Social Security, Railroad retirement, and Black Lung benefits from administrative offset
Prohibition on administrative offset authority
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:
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.
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Conforming amendments
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.
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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.
Repeal of administrative offset authority
In general
Paragraph (3) of section 3716(c) of title 31, United States Code, is amended—
by striking (3)(A)(i) Notwithstanding
and all that follows through any overpayment under such program).
;
by striking subparagraphs (C) and (D); and
by redesignating subparagraph (B) as paragraph (3).
Conforming amendment
Paragraph (5) of such section is amended by striking the Commissioner of Social Security and
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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.