Library / Laws / 113th / s / S. 2453 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2453
IN THE SENATE OF THE UNITED STATES
June 10, 2014
Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To reinstate the 10-year statute of limitations period applicable to collection of amounts paid to
Social Security beneficiaries by administrative offset, and prevent
recovery of overpayments from individuals under 18 years of age.
1.
Short title
This Act may be cited as the
Social Security Overpayments Fairness Act of 2014.
2.
Statute of limitation on recovery by administrative offset for amounts paid to Social Security
beneficiaries
(a)
In general
Paragraph (2) of section 3716(e) of title 31, United States
Code, is amended to read as follows:
(2) This section does not apply—
(A) to a claim under this subchapter relating to any payments made to an individual under title II or
title XVI of the Social Security Act that has been outstanding for more
than 10 years; or
(B) when a statute explicitly prohibits using administrative offset or setoff to collect the claim or
type of claim involved.
.
(b)
Effective date
The amendment made by
subsection (a) shall apply to any debt outstanding on or after
the date of the enactment of this Act.
3.
Elimination of recovery of overpayments made to or on behalf of a minor
(a)
In general
Section 204(a) of the Social Security Act (42 U.S.C. 404(a)) is amended by adding at the end the
following new paragraph:
(3) Notwithstanding any other provision of this section, in the case of any payment under this title or
title XVI of more than the correct amount that is made to or on behalf of
an individual who has not attained 18 years of age at the time of such
payment, such
individual shall not be liable for the
repayment of the amount of such payment in excess of the correct amount.
.
(b)
Conforming amendments
(1)
Cross-program recovery of overpayments
Subsection (a) of the undesignated section following section 1146 of the Social Security Act (42
U.S.C. 1320b–17) is amended by striking Subject to subsection (b) and inserting Subject to section 204(a)(3) and subsection (b).
(2)
Overpayment of disability benefits
Section 1631(b)(1)(A) of the Social Security Act (42 U.S.C. 1383(b)(1)(A)) is amended by striking Whenever and inserting Subject to section 204(a)(3), whenever.
(c)
Effective date
The amendments made by this section shall apply to payments made on or after the date of the
enactment of this Act.