S. 3177Senate117th Congress (2021-2023)In Committee

Protection of Social Security Benefits Restoration Act

Sponsored by Ron WydenSen. Ron Wyden (D-OR)
Introduced November 4, 2021

AI-Generated Summary

Updated February 8, 2026 at 7:52 AM UTC

The Protection of Social Security Benefits Restoration Act restores the ban on using administrative offset to collect overpayments against Social Security, Railroad Retirement, and Black Lung benefits. It nullifies certain provisions that previously allowed such offsets and extends the protection to related railroad benefit programs. The changes apply to any offset collections made after the law takes effect, safeguarding beneficiaries from having their payments reduced for past debts.

Key Provisions

  • Adds a new subsection to the Social Security Act that makes specific offset provisions in 31 U.S.C. §3716(c)(3) null and void, preventing offsets against Social Security benefits.
  • Amends the Railroad Retirement Act and the Railroad Unemployment Insurance Act so the same offset protection applies to railroad retirement and unemployment insurance benefits.
  • Repeals and redesignates language in 31 U.S.C. §3716(c)(3) that authorized administrative offsets, removing the authority to offset these benefit programs.
  • Specifies that the amendments take effect for any offset collection occurring after the law’s enactment, covering claims arising before or after that date.

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 S7794; text: CR S7794)

November 4, 2021

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SenateIntro Referral

Introduced in Senate

November 4, 2021

SenateIntro Referral

Read twice and referred to the Committee on Finance. (Sponsor introductory remarks on measure: CR S7794; text: CR S7794)

November 4, 2021

Floor Debate

5 members

What members said about S. 3177 on the floor

5 Democrats
Chris Van Hollen
Sen. Chris Van HollenD-MD · Nov 4, 2021

Mr. President, I rise today to introduce the Fiscal Year 2022 Financial Services and General Government Appropriations Act, which will help fund essential government programs that invest in the…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Nov 4, 2021

Mr. President, the COVID-19 pandemic continues to take a tremendous toll on our Nation. Healthcare workers have valiantly served our communities throughout the crisis. Still, we face unprecedented…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Nov 4, 2021

Mr. President, I rise today to speak in support of my bipartisan bill, the National Commission on the COVID-19 Pandemic Act. This bill would establish a 9/11-style Commission to conduct an…

Ron Wyden
Sen. Ron WydenD-OR · Nov 4, 2021

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

Ron Wyden
Sen. Ron WydenD-OR · Nov 4, 2021

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

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Tim Kaine
Sen. Tim KaineD-VA · Nov 4, 2021

Mr. President, today I am introducing a bill to improve stormwater management practices at Department of Defense, DOD installations across the country. Climate related impacts, such as increased…

Bill Text

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Introduced in SenateIssued November 4, 2021

II

117th CONGRESS

1st Session

S. 3177

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 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.