[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Whitehouse, Mr. Padilla, Ms. 
        Warren, Mr. Van Hollen, Mrs. Murray, Mr. Brown, Mr. Sanders, 
        Ms. Hirono, and Mr. Leahy):
  S. 3177. 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 
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. While Congress and the Biden-
Harris Administration took significant steps to protect Americans from 
facing crushing debt during a global pandemic, exempting the economic 
impact payments from garnishment and extending the freeze on student 
loan payments through January 2022, seniors will still be on the hook 
for cosigning their child or grandchild's student loan debt when those 
payments resume. We need to take action today 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. While 167,000 seems small 
compared to a nation of over 320 million, 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, Hirono. 
Sanders, Padilla, Van Hollen, and Murray am 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 away earned benefits to pay Federal debts, and guarantee 
beneficiaries will be able to maintain a basic standard of living by 
receiving the benefits they have earned. The bill is supported by the 
Strengthen Social Security Coalition, Social Security Works, National 
Association of Disability Representatives, AFL-CIO, the American 
Federation of Government Employees, National Organization of Social 
Security Claimants' Representatives, Justice in Aging, American 
Federation of Teachers, Alliance for Retired Americans, and the 
National Committee to Preserve Social Security & Medicare.
  I ask unanimous consent that the bill be printed in the Record 
following this statement.

                                S. 3177

       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 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.
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