I 
117TH CONGRESS 
1ST SESSION H. R. 5866 
To restore protections for Social Security, Railroad retirement, and Black 
Lung benefits from administrative offset. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2021 
Mr. GRIJALVA (for himself, Mr. LARSON of Connecticut, Mr. LEVIN of Michi-
gan, Mr. RASKIN, Mr. DEFAZIO, Mr. DANNY K. DAVIS of Illinois, Ms. 
ROYBAL-ALLARD, Mr. HIGGINS of New York, Ms. NORTON, Mr. SAN 
NICOLAS, and Ms. BONAMICI) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee 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 retire-
ment, and Black Lung benefits from administrative off-
set. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection of Social 
Security Benefits Restoration Act’’. 
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SEC. 2. PROTECTING SOCIAL SECURITY, RAILROAD RE-
TIREMENT, 
AND 
BLACK 
LUNG 
BENEFITS 
FROM ADMINISTRATIVE OFFSET. 
(a) PROHIBITION ON ADMINISTRATIVE OFFSET AU-
THORITY.— 
(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 sub-
paragraphs 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 Retire-
ment 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 Unem-
ployment 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 
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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 AUTHOR-
ITY.— 
(1) IN
GENERAL.—Paragraph (3) of section 
3716(c) of title 31, United States Code, is amend-
ed— 
(A) 
by 
striking 
‘‘(3)(A)(i) 
Notwith-
standing’’ 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 Commis-
sioner 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 en-
actment of this Act. 
Æ 
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