S 1649 — Protection of Social Security Benefits Restoration Act

Summary

Protection of Social Security Benefits Restoration Act This bill prohibits the application of, and repeals authority for, administrative offsets to Social Security, railroad retirement, and black lung benefits. (An administrative offset is the withholding of funds payable by or held by the United States to satisfy a debt.)

Bill Text

• Introduced Introduced in Senate Current html May 23, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill prohibits the administrative offset of Social Security, Railroad retirement, and Black Lung benefits.

• 42 U.S.C. 407

  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.

  This provision nullifies certain offset authorities affecting Social Security benefits.

• 45 U.S.C. 231m

  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.

  This aligns Railroad retirement benefits with the new protections established for Social Security benefits.

• 45 U.S.C. 352

  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.

  This extends the protections against offset for Black Lung benefits similar to those for Social Security benefits.

• 31 U.S.C. 3716

  (3)(A)(i) Notwithstanding any other provision of law (including sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407 and 1383(d)(1)), section 413(b) of Public Law 91–173 (30 U.S.C. 923(b)), and section 14 of the Act of August 29, 1935 (45 U.S.C. 231m)), except as provided in clause (ii), all payments due to an individual under— (I) the Social Security Act, (II) part B of the Black Lung Benefits Act, or (III) any law administered by the Railroad Retirement Board (other than payments that such Board determines to be tier 2 benefits), shall be subject to offset under this section.

  This change removes the authority to offset Social Security and other specified benefits.

• 31 U.S.C. 3716

  subparagraphs (C) and (D)

  This repeal removes specific provisions that allowed offsets against certain benefits.

• 31 U.S.C. 3716

  the Commissioner of Social Security and

  This amendment removes the reference to the Commissioner of Social Security from the regulations on administrative offsets.

Action History

1. May 23, 2019

   Introduced in Senate

2. May 23, 2019

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

Sponsors

• Ron Wyden · Primary

Subjects