I
107TH CONGRESS
1ST SESSION
H. R. 2638
To amend title II of the Social Security Act to repeal the Government
pension offset and windfall elimination provisions.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2001
Mr. MCKEON (for himself, Mr. BERMAN, Mr. PETERSON of Pennsylvania, Mr.
SANDLIN, Mrs. MORELLA, Mr. FRANK, Mr. BOEHLERT, Mr. PAUL, Mr.
MATSUI, Mr. STARK, Mrs. DAVIS of California, Ms. LEE, Mr. BALDACCI,
Mr. RUSH, Mr. ALLEN, Mr. FILNER, Mr. LANTOS, Ms. LOFGREN, Mr.
FROST, Mr. SHERMAN, Mr. BACA, Mr. SCHIFF, Mr. WAXMAN, Ms. WA-
TERS, Ms. WOOLSEY, Ms. ROYBAL-ALLARD, Ms. SOLIS, Ms. WATSON of
California, and Ms. ESHOO) introduced the following bill; which was re-
ferred to the Committee 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-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Social Security Fair-
ness Act of 2001’’.
SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVI-
SIONS.
(a) WIFE’S INSURANCE BENEFITS.—Section 202(b)
of the Social Security Act (42 U.S.C. 402(b)) is
amended—
(1) by striking ‘‘and paragraph (4) of this sub-
section’’ in paragraph (2); and
(2) by striking paragraph (4) and redesignating
paragraph (5) as paragraph (4).
(b) HUSBAND’S
INSURANCE
BENEFITS.—Section
202(c) of such Act (42 U.S.C. 402(c)) is amended—
(1) by striking paragraph (2) and redesignating
paragraphs (3) through (5) as paragraphs (2)
through (4), respectively; and
(2) by striking ‘‘and paragraph (2) of this sub-
section’’ in paragraph (2) as so redesignated.
(c) 
WIDOW’S
INSURANCE
BENEFITS.—Section
202(e) of such Act (42 U.S.C. 402(e)) is amended—
(1) by striking ‘‘, paragraph (7) of this sub-
section,’’ in paragraph (2)(A); and
(2) by striking paragraph (7) and redesignating
paragraphs (8) and (9) as paragraphs (7) and (8),
respectively.
(d) WIDOWER’S INSURANCE BENEFITS.—
(1) IN GENERAL.—Section 202(f) of such Act
(42 U.S.C. 402(f)) is amended—
(A) by striking paragraph (2) and redesig-
nating paragraphs (3) through (9) as para-
graphs (2) through (8), respectively; and
(B) by striking ‘‘, paragraph (2) of this
subsection,’’ in paragraph (2) as so redesig-
nated.
(2) CONFORMING AMENDMENTS.—
(A) Section 202(f)(1)(B) of such Act (42
U.S.C. 402(f)(1)(B)) is amended by striking
‘‘paragraph (5)’’ and inserting ‘‘paragraph
(4)’’.
(B) Section 202(f)(1)(F) of such Act (42
U.S.C. 402(f)(1)(F)) is amended by striking
‘‘paragraph (6)’’ and ‘‘paragraph (5)’’ (in
clauses (i) and (ii)) and inserting ‘‘paragraph
(5)’’ and ‘‘paragraph (4)’’, respectively.
(C) Section 202(f)(5)(A)(ii) of such Act
(as redesignated by paragraph (1)(A) of this
subsection) is amended by striking ‘‘paragraph
(5)’’ and inserting ‘‘paragraph (4)’’.
(D) Section 202(k)(2)(B) of such Act (42
U.S.C. 402(k)(2)(B)) is amended by striking
‘‘or (f)(4)’’ each place it appears and inserting
‘‘or (f)(3)’’.
(E) Section 202(k)(3)(A) of such Act (42
U.S.C. 402(k)(3)(A)) is amended by striking
‘‘or (f)(3)’’ and inserting ‘‘or (f)(2)’’.
(F) Section 202(k)(3)(B) of such Act (42
U.S.C. 402(k)(3)(B)) is amended by striking
‘‘or (f)(4)’’ and inserting ‘‘or (f)(3)’’.
(G) Section 226(e)(1)(A)(i) of such Act
(42 U.S.C. 426(e)(1)(A)(i)) is amended by
striking ‘‘and 202(f)(5)’’ and inserting ‘‘and
202(f)(4)’’.
(e) MOTHER’S AND FATHER’S INSURANCE BENE-
FITS.—Section 202(g) of such Act (42 U.S.C. 402(g)) is
amended—
(1) by striking ‘‘Except as provided in para-
graph (4) of this subsection, such’’ in paragraph (2)
and inserting ‘‘Such’’; and
(2) by striking paragraph (4).
SEC. 2. REPEAL OF WINDFALL ELIMINATION PROVISIONS.
(a) IN GENERAL.—Section 215 of the Social Security
Act (42 U.S.C. 415) is amended—
(1) in subsection (a), by striking paragraph (7);
(2) in subsection (d), by striking paragraph (3);
and
(3) in subsection (f), by striking paragraph (9).
(b) CONFORMING
AMENDMENTS.—Subparagraphs
(C) and (D) of section 202(e)(2) of such Act (42 U.S.C.
402(e)(2)(C), (D)) are each amended by striking ‘‘section
215(f)(5), 215(f)(6), or 215(f)(9)(B)’’ and inserting
‘‘paragraph (5) or (6) of section 215(f)’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to monthly insurance benefits payable under title
II of the Social Security Act for months after December
2001. Notwithstanding section 215(f) of the Social Secu-
rity Act, the Commissioner of Social Security shall adjust
primary insurance amounts to the extent necessary to take
into account the amendments made by section 2.
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