I 118THCONGRESS 1 STSESSION H. R. 82 To amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination provisions. IN THE HOUSE OF REPRESENTATIVES JANUARY9, 2023 Mr. G RAVESof Louisiana (for himself, Ms. SPANBERGER, Mr. COMER, Mr. G ARAMENDI, Ms. LETLOW, Mr. TAKANO, Mr. DIAZ-BALART, and Ms. B ROWNLEY) introduced the following bill; which was referred to the Com- mittee on Ways and Means A BILL To amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination pro- visions. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Social Security Fair-4 ness Act of 2023’’. 5 VerDate Sep 11 2014 01:28 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H82.IH H82 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 82 IH SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVI-1 SION. 2 (a) I NGENERAL.—Section 202(k) of the Social Secu-3 rity Act (42 U.S.C. 402(k)) is amended by striking para-4 graph (5). 5 (b) C ONFORMINGAMENDMENTS.— 6 (1) Section 202(b)(2) of the Social Security Act 7 (42 U.S.C. 402(b)(2)) is amended by striking ‘‘sub-8 sections (k)(5) and (q)’’ and inserting ‘‘subsection 9 (q)’’. 10 (2) Section 202(c)(2) of such Act (42 U.S.C. 11 402(c)(2)) is amended by striking ‘‘subsections 12 (k)(5) and (q)’’ and inserting ‘‘subsection (q)’’. 13 (3) Section 202(e)(2)(A) of such Act (42 14 U.S.C. 402(e)(2)(A)) is amended by striking ‘‘sub-15 section (k)(5), subsection (q),’’ and inserting ‘‘sub-16 section (q)’’. 17 (4) Section 202(f)(2)(A) of such Act (42 U.S.C. 18 402(f)(2)(A)) is amended by striking ‘‘subsection 19 (k)(5), subsection (q)’’ and inserting ‘‘subsection 20 (q)’’. 21 SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS. 22 (a) I NGENERAL.—Section 215 of the Social Security 23 Act (42 U.S.C. 415) is amended— 24 (1) in subsection (a), by striking paragraph (7); 25 VerDate Sep 11 2014 01:28 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H82.IH H82 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 82 IH (2) in subsection (d), by striking paragraph (3); 1 and 2 (3) in subsection (f), by striking paragraph (9). 3 (b) C ONFORMINGAMENDMENTS.—Subsections (e)(2) 4 and (f)(2) of section 202 of such Act (42 U.S.C. 402) are 5 each amended by striking ‘‘section 215(f)(5), 215(f)(6), 6 or 215(f)(9)(B)’’ in subparagraphs (C) and (D)(i) and in-7 serting ‘‘paragraph (5) or (6) of section 215(f)’’. 8 SEC. 4. EFFECTIVE DATE. 9 The amendments made by this Act shall apply with 10 respect to monthly insurance benefits payable under title 11 II of the Social Security Act for months after December 12 2023. Notwithstanding section 215(f) of the Social Secu-13 rity Act, the Commissioner of Social Security shall adjust 14 primary insurance amounts to the extent necessary to take 15 into account the amendments made by section 3. 16 Æ VerDate Sep 11 2014 01:28 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H82.IH H82 kjohnson on DSK79L0C42PROD with BILLS