S. 2804Senate118th Congress (2023-2025)In Committee

Protection of Social Security Benefits Restoration Act

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

AI-Generated Summary

Updated January 20, 2026 at 11:23 AM UTC

The bill restores protection for Social Security, Railroad Retirement, and Black Lung benefits by stopping the government from using administrative offset to collect overpayments. It adds a new rule to the Social Security Act that nullifies certain offset provisions and extends that rule to railroad retirement and unemployment insurance benefits. The changes also repeal parts of the existing offset authority and apply to any collections made after the law takes effect.

Key Provisions

Adds a new subsection to the Social Security Act that makes specific administrative offset provisions null and void, preventing offsets against Social Security benefits.
Extends the same protection to railroad retirement and railroad unemployment insurance benefits by amending the relevant statutes.
Repeals paragraph (3) of 31 U.S.C. 3716(c), removing language that allowed administrative offsets for these programs.
Sets the effective date so the new rules apply to any offset collection occurring after the law is enacted.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

September 14, 2023

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SenateIntro Referral

Introduced in Senate

September 14, 2023

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

September 14, 2023

Bill Text

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Introduced in SenateIssued September 14, 2023

118th CONGRESS

1st Session

S. 2804

IN THE SENATE OF THE UNITED STATES

September 14, 2023

Mr. Wyden (for himself, Mr. Whitehouse, Mr. Casey, Mrs. Murray, Mr. Van Hollen, Mr. Brown, Mr. Sanders, and Ms. Warren) 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.

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.