I 

108TH CONGRESS 

1ST SESSION H. R. 594

To amend title II of the Social Security Act to repeal the Government 

pension offset and windfall elimination provisions. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

Mr. MCKEON (for himself, Mr. LYNCH, Mr. FILNER, Mr. BOEHLERT, Mr. 

BERMAN, Mr. RODRIGUEZ, Mr. SIMMONS, Mr. BAIRD, Mr. MCGOVERN, 

Mr. HOLDEN, Mr. STRICKLAND, Ms. WOOLSEY, Mr. FROST, Mr. HALL, 

Mr. SOUDER, Mr. LOBIONDO, Mr. STARK, Mr. GREEN of Texas, Mr. 

STUPAK, Mr. GEORGE MILLER of California, Mr. LIPINSKI, Mr. TURNER

of Texas, Mr. COSTELLO, Mr. HINCHEY, Ms. SOLIS, Mr. GILLMOR, Ms. 

JACKSON-LEE of Texas, Mr. WELDON of Pennsylvania, Mr. WAXMAN, 

Mr. CUNNINGHAM, Mr. JENKINS, Mr. MCHUGH, Mrs. CAPPS, Mr. MARKEY, Mr. LANTOS, Mr. HINOJOSA, Mr. SCHIFF, Mr. WHITFIELD, Mr. 

LINCOLN DIAZ-BALART of Florida, Mr. SHERMAN, Mr. BAKER, Mr. 

ISAKSON, Mr. LAHOOD, Mr. WELLER, Mr. SHIMKUS, Mr. PAUL, Mr. 

DOOLITTLE, Mr. CALVERT, Mr. WILSON of South Carolina, Mr. 

LATOURETTE, Mr. ABERCROMBIE, Ms. BALDWIN, Ms. MCCOLLUM, Mr. 

GIBBONS, Mr. PLATTS, Mr. ISRAEL, Mr. MICHAUD, Mr. COMBEST, Mr. 

BEREUTER, Mr. DOYLE, Mr. FRANK of Massachusetts, Ms. MCCARTHY

of Missouri, Ms. WATSON, Mr. OLVER, Mr. CARSON of Oklahoma, Ms. 

SCHAKOWSKY, Mr. NEAL of Massachusetts, Mr. LAMPSON, Ms. HOOLEY

of Oregon, Mr. STENHOLM, Ms. MILLENDER-MCDONALD, Mr. PALLONE, 

Ms. HARMAN, Mr. KENNEDY of Rhode Island, Ms. ROYBAL-ALLARD, Mr. 

WU, Mr. GORDON, Mr. EDWARDS, Mr. BROWN of Ohio, Mr. HONDA, Ms. 

LEE, Mr. SANDLIN, Mr. LEWIS of California, Mr. ALLEN, Mr. LUCAS of 

Kentucky, Mrs. NAPOLITANO, Mr. BONILLA, Mr. BLUMENAUER, Ms. 

LINDA T. SA ́NCHEZ of California, Mr. PAYNE, Ms. LORETTA SANCHEZ

of California, and Mrs. DAVIS of California) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL

To amend title II of the Social Security Act to repeal the 
2

•HR 594 IH 

Government pension offset and windfall elimination provisions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Security Fair5 ness Act of 2003’’. 

6 SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVI7 SIONS. 

8 (a) WIFE’S INSURANCE BENEFITS.—Section 202(b) 

9 of the Social Security Act (42 U.S.C. 402(b)) is amend10 ed—

11 (1) by striking ‘‘and paragraph (4) of this sub12 section’’ in paragraph (2); and 

13 (2) by striking paragraph (4) and redesignating 

14 paragraph (5) as paragraph (4). 

15 (b) HUSBAND’S INSURANCE BENEFITS.—Section 

16 202(c) of such Act (42 U.S.C. 402(c)) is amended—

17 (1) by striking paragraph (2) and redesignating 

18 paragraphs (3) through (5) as paragraphs (2) 

19 through (4), respectively; and 

20 (2) by striking ‘‘and paragraph (2) of this sub21 section’’ in paragraph (2) as so redesignated. 

22 (c) WIDOW’S INSURANCE BENEFITS.—Section 

23 202(e) of such Act (42 U.S.C. 402(e)) is amended—
3

•HR 594 IH 

1 (1) by striking ‘‘, paragraph (7) of this sub2 section,’’ in paragraph (2)(A); and 

3 (2) by striking paragraph (7) and redesignating 

4 paragraphs (8) and (9) as paragraphs (7) and (8), 

5 respectively. 

6 (d) WIDOWER’S INSURANCE BENEFITS.—

7 (1) IN GENERAL.—Section 202(f) of such Act 

8 (42 U.S.C. 402(f)) is amended—

9 (A) by striking paragraph (2) and redesig10 nating paragraphs (3) through (9) as para11 graphs (2) through (8), respectively; and 

12 (B) by striking ‘‘, paragraph (2) of this 

13 subsection,’’ in paragraph (2) as so redesig14 nated. 

15 (2) CONFORMING AMENDMENTS.—

16 (A) Section 202(f)(1)(B) of such Act (42 

17 U.S.C. 402(f)(1)(B)) is amended by striking 

18 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

19 (4)’’. 

20 (B) Section 202(f)(1)(F) of such Act (42 

21 U.S.C. 402(f)(1)(F)) is amended by striking 

22 ‘‘paragraph (6)’’ and ‘‘paragraph (5)’’ (in 

23 clauses (i) and (ii)) and inserting ‘‘paragraph 

24 (5)’’ and ‘‘paragraph (4)’’, respectively. 
4

•HR 594 IH 

1 (C) Section 202(f)(5)(A)(ii) of such Act 

2 (as redesignated by paragraph (1)(A) of this 

3 subsection) is amended by striking ‘‘paragraph 

4 (5)’’ and inserting ‘‘paragraph (4)’’. 

5 (D) Section 202(k)(2)(B) of such Act (42 

6 U.S.C. 402(k)(2)(B)) is amended by striking 

7 ‘‘or (f)(4)’’ each place it appears and inserting 

8 ‘‘or (f)(3)’’. 

9 (E) Section 202(k)(3)(A) of such Act (42 

10 U.S.C. 402(k)(3)(A)) is amended by striking 

11 ‘‘or (f)(3)’’ and inserting ‘‘or (f)(2)’’. 

12 (F) Section 202(k)(3)(B) of such Act (42 

13 U.S.C. 402(k)(3)(B)) is amended by striking 

14 ‘‘or (f)(4)’’ and inserting ‘‘or (f)(3)’’. 

15 (G) Section 226(e)(1)(A)(i) of such Act 

16 (42 U.S.C. 426(e)(1)(A)(i)) is amended by 

17 striking ‘‘and 202(f)(5)’’ and inserting ‘‘and 

18 202(f)(4)’’. 

19 (e) MOTHER’S AND FATHER’S INSURANCE BENE20 FITS.—Section 202(g) of such Act (42 U.S.C. 402(g)) is 

21 amended—

22 (1) by striking ‘‘Except as provided in para23 graph (4) of this subsection, such’’ in paragraph (2) 

24 and inserting ‘‘Such’’; and 

25 (2) by striking paragraph (4). 
5

•HR 594 IH 

1 SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS. 

2 (a) IN GENERAL.—Section 215 of the Social Security 

3 Act (42 U.S.C. 415) is amended—

4 (1) in subsection (a), by striking paragraph (7); 

5 (2) in subsection (d), by striking paragraph (3); 

6 and 

7 (3) in subsection (f), by striking paragraph (9). 

8 (b) CONFORMING AMENDMENTS.—Subparagraphs 

9 (C) and (D) of section 202(e)(2) of such Act (42 U.S.C. 

10 402(e)(2)(C), (D)) are each amended by striking ‘‘section 

11 215(f)(5), 215(f)(6), or 215(f)(9)(B)’’ and inserting 

12 ‘‘paragraph (5) or (6) of section 215(f)’’. 

13 SEC. 4. EFFECTIVE DATE. 

14 The amendments made by this Act shall apply with 

15 respect to monthly insurance benefits payable under title 

16 II of the Social Security Act for months after December 

17 2003. Notwithstanding section 215(f) of the Social Secu18 rity Act, the Commissioner of Social Security shall adjust 

19 primary insurance amounts to the extent necessary to take 

20 into account the amendments made by section 3.

Æ