[Congressional Record Volume 165, Number 87 (Thursday, May 23, 2019)]
[Senate]
[Pages S3110-S3111]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Brown, Mr. Whitehouse, Mr. Leahy, 
        Ms. Warren, Ms. Hirono, Mr. Sanders, Mrs. Gillibrand, Mr. 
        Merkley, and Mr. Schatz):
  S. 1649. A bill to restore protections for Social Security, Railroad 
retirement, and Black Lung benefits from administrative offset; to the 
Committee on Finance.
  Mr. WYDEN. Mr. President, Social Security provides vital benefits to 
millions of Americans who work and pay into the system with each 
paycheck. Because Social Security is fundamental to workers' retirement 
security, the law protected benefits from creditors. The only 
exceptions were unpaid Federal taxes, child support or alimony 
payments, and court-ordered victim restitution. These protections 
ensured that the social safety net programs would be there for basic 
needs. That protection was weakened over 20 years ago when the law was 
changed. Now, more and more seniors face cuts in their Social Security 
benefits because of student loan debts. The Wall Street Journal 
recently highlighted the issue with an article titled, ``Over 60, and 
Crushed by Student Loan Debt.'' We need to take action to restore the 
strong protections to Social Security and other benefit programs.
  We now realize what a profound effect the loss of these protections 
has had on retirees and individuals with disabilities, who often live 
on fixed incomes. More and more seniors and people with disabilities 
are having their Social Security and other lifeline benefits taken away 
to pay Federal debts. For example, according to recent data from the 
U.S. Bureau of Fiscal Service, over 167,000 Americans had their 
benefits garnished for student loan debt. Those 167,000 had nearly $200 
million garnished from their earned benefits. This is just the tip of 
the iceberg as more Americans start receiving benefits. Between 2008 
and 2018, the number of individuals whose Social Security benefits were 
offset to pay student loans debt increased by 133 percent, from about 
72,000 to 169,000. Over that same period, the amount collected from 
Social Security benefits ballooned from almost $63 million to nearly 
$200 million, a 217 percent increase.
  Social Security plays a critical role in keeping seniors and people 
with disabilities out of poverty. In Oregon alone, Social Security cuts 
the poverty rate of the elderly from about 35 percent to 5 percent. 
However, despite Social Security's critical role in the safety net, 
close to 1 out of every 10 seniors over age 65 and 1 in 5 disabled 
workers still live in poverty and that is simply unacceptable.
  I, along with Senators Brown, Whitehouse, Leahy, Warren, Hirano, 
Sanders, Gillibrand, Merkley, and Schatz are reintroducing the 
Protection of Social Security Benefits Restoration Act. The bill would 
restore the strong protections in the law that prevented the government 
from taking earned benefits to pay Federal non-tax debts, and help 
ensure beneficiaries will be able to maintain a basic standard of 
living. The bill is supported by AARP, the National Committee to 
Preserve Social Security and Medicare, National Association of 
Disability Representatives, AFL-CIO, National Organization of Social 
Security Claimants' Representatives, Social Security Works, National 
Organization for Women, Justice in Aging, American Federation of 
Teachers, Alliance for Retired Americans, Economic Policy Institute.
  I ask Unanimous Consent that a letter from the National Committee to 
Preserve Social Security and Medicare endorsing our bill be printed in 
the Record.

                                                     May 15, 2019.
     Hon. Ron Wyden,
     Dirksen Senate Office Building, Washington, DC.
       Dear Senator Wyden: On behalf of the millions of members 
     and supporters of the National Committee to Preserve Social 
     Security and Medicare, I write to endorse your bill the 
     ``Protection of Social Security Benefits Restoration Act.''
       Since the inception of the Social Security program in 1935, 
     the Social Security Act provided strong protections against 
     loss of retirement income through the garnishment or 
     attachment of Social Security benefits for the purpose of 
     recovering debts owed by retirees. For decades the law 
     provided near iron-clad protection against impoverishment in 
     old age due to debt collection.
       Unfortunately, in 1996 the Congress reversed course by 
     authorizing the garnishment of Social Security and other 
     earned benefits for the purpose of collecting debts owed by 
     seniors to the federal government. Figuring prominently in 
     this matter is the recovery of student loan debts from 
     seniors who are living on their all-too-modest monthly Social 
     Security benefits.
       With student loan debt becoming an increasingly serious 
     problem in this country, we agree with you that now is the 
     time to act. The Congress must restore the historic 
     protections that once were provided by Social Security 
     against the spectacle of impoverishment in old age so that 
     the federal government can collect debts that all too often 
     were incurred years, even decades ago.
       For these reasons, the National Committee endorses your 
     bill, the ``Protection of Social Security Benefits 
     Restoration Act,'' and urges other members of the United 
     States Senate to cosponsor this vitally important measure. We 
     thank you for your leadership on this matter and look forward 
     to working with you to enact this bill.
           Sincerely,
     Max Richtman,
       President and CEO, National Committee to Preserve Social 
     Security and Medicare.

  Mr. WYDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1649

       Be it enacted by the Senate and House of Representatives 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''.

     SEC. 2. 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

[[Page S3111]]

     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.
                                 ______