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II
116TH CONGRESS
1ST SESSION
S. 1649
To restore protections for Social Security, Railroad retirement, and Black
Lung benefits from administrative offset.
IN THE SENATE OF THE UNITED STATES
MAY 23 (legislative day, MAY 22), 2019
Mr. WYDEN (for himself, Mr. BROWN, Mr. WHITEHOUSE, Mr. LEAHY, Ms.
WARREN, Ms. HIRONO, Mr. SANDERS, Mrs. GILLIBRAND, Mr. MERKLEY,
and Mr. SCHATZ) introduced the following bill; which was read twice and
referred to the Committee on Finance
A BILL
To restore protections for Social Security, Railroad retire-
ment, and Black Lung benefits from administrative off-
set.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protection of Social
4
Security Benefits Restoration Act’’.
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•S 1649 IS
SEC. 2. PROTECTING SOCIAL SECURITY, RAILROAD RE-
1
TIREMENT,
AND
BLACK
LUNG
BENEFITS
2
FROM ADMINISTRATIVE OFFSET.
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(a) PROHIBITION ON ADMINISTRATIVE OFFSET AU-
4
THORITY.—
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(1) ASSIGNMENT
UNDER
SOCIAL
SECURITY
6
ACT.—Section 207 of the Social Security Act (42
7
U.S.C. 407) is amended by adding at the end the
8
following new subsection:
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‘‘(d) Subparagraphs (A), (C), and (D) of section
10
3716(c)(3) of title 31, United States Code, as such sub-
11
paragraphs were in effect on the date before the date of
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enactment of the Protection of Social Security Benefits
13
Restoration Act, shall be null and void and of no effect.’’.
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(2) CONFORMING AMENDMENTS.—
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(A) Section 14(a) of the Railroad Retire-
16
ment Act of 1974 (45 U.S.C. 231m(a)) is
17
amended by adding at the end the following: ‘‘.
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The provisions of section 207(d) of the Social
19
Security Act shall apply with respect to this
20
title to the same extent as they apply in the
21
case of title II of such Act.’’.
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(B) Section 2(e) of the Railroad Unem-
23
ployment Insurance Act (45 U.S.C. 352(e)) is
24
amended by adding at the end the following:
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‘‘The provisions of section 207(d) of the Social
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•S 1649 IS
Security Act shall apply with respect to this
1
title to the same extent as they apply in the
2
case of title II of such Act.’’
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(b) REPEAL OF ADMINISTRATIVE OFFSET AUTHOR-
4
ITY.—
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(1) IN
GENERAL.—Paragraph (3) of section
6
3716(c) of title 31, United States Code, is amend-
7
ed—
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(A)
by
striking
‘‘(3)(A)(i)
Notwith-
9
standing’’ and all that follows through ‘‘any
10
overpayment under such program).’’;
11
(B) by striking subparagraphs (C) and
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(D); and
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(C) by redesignating subparagraph (B) as
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paragraph (3).
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(2) CONFORMING AMENDMENT.—Paragraph (5)
16
of such section is amended by striking ‘‘the Commis-
17
sioner of Social Security and’’.
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(c) EFFECTIVE DATE.—The amendments made by
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this section shall apply to any collection by administrative
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offset occurring on or after the date of enactment of this
21
Act of a claim arising before, on, or after the date of en-
22
actment of this Act.
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Æ
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