H.R. 5480House118th Congress (2023-2025)In Committee

Protection of Social Security Benefits Restoration Act

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

AI-Generated Summary

Updated January 20, 2026 at 11:26 AM UTC

The Protection of Social Security Benefits Restoration Act would stop the government from using administrative offset to collect overpayments against Social Security, Railroad Retirement, and Black Lung benefits. It nullifies specific provisions of 31 U.S.C. 3716(c)(3) that allow such offsets and extends the same protection to railroad retirement and railroad unemployment insurance programs. The changes take effect for any offset collection after the law is enacted, affecting benefit recipients and the agencies that collect offsets.

Key Provisions

Adds a new subsection to the Social Security Act that makes certain subparagraphs of 31 U.S.C. 3716(c)(3) null and void, preventing administrative offsets against Social Security benefits.
Extends the prohibition to the Railroad Retirement Act and the Railroad Unemployment Insurance Act by referencing the new Social Security provision.
Repeals and redesignates parts of 31 U.S.C. 3716(c)(3) that previously authorized offsets, effectively removing that authority.
Sets the effective date so the amendments apply to any offset collection occurring after enactment, covering claims arising before or after the law’s passage.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Social Security.

Social Security Subcommittee

December 17, 2024

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HouseIntro Referral

Introduced in House

September 14, 2023

HouseIntro Referral

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.

Judiciary Committee

September 14, 2023

HouseCommittee

Referred to the Subcommittee on Social Security.

Social Security Subcommittee

December 17, 2024

Bill Text

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Introduced in HouseIssued September 14, 2023

118th CONGRESS

1st Session

H. R. 5480

IN THE HOUSE OF REPRESENTATIVES

September 14, 2023

Mr. Grijalva (for himself, Mr. Larson of Connecticut, Mr. Jackson of Illinois, Ms. Norton, Ms. Sánchez, Ms. Tlaib, and Mr. Trone) 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.

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.