Text: H.R.112 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (01/06/2015)


114th CONGRESS
1st Session
H. R. 112


To amend title 31, United States Code, to restore the 10 year statute of limitations applicable to collection of debt by administrative offset, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 6, 2015

Mr. Fortenberry introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 31, United States Code, to restore the 10 year statute of limitations applicable to collection of debt by administrative offset, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Restoration of statute of limitations.

(a) In general.—Section 3716(e) of title 31, United States Code, is amended to read as follows:

“(e) This section does not apply—

“(1) to a claim under this subchapter that has been outstanding for more than 10 years; or

“(2) when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved.”.

(b) Retroactivity.—In the administration of section 3716(e) of title 31, United States Code, as amended by subsection (a), the following provisions of law shall be treated as if they had never been enacted:

(1) Section 14219 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–234; 122 Stat. 1483), repealed as duplicative enactment by section 4 of Public Law 110–246 (7 U.S.C. 8701 note).

(2) Section 14219 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2245).

SEC. 2. Limitation on use of Funds.

The Commissioner of Social Security shall not use any funds to seek an administrative offset pursuant to section 3716 of title 31, United States Code, for collection of a debt or claim arising out of a benefit payment under title II of the Social Security Act (42 U.S.C. 401 et seq.)—

(1) from a child (as defined in section 216(e) of the Social Security Act (42 U.S.C. 416(e))) of the beneficiary, when such child is without fault;

(2) from an individual who had not attained the age of 18 years on the date such debt or claim arose; or

(3) where such debt or claim has been outstanding for more than 10 years.


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