Betsy Rosecan, NOSSCR Government Relations Director

NOSSCR is keeping an eye on Congress for developments with H.R. 82, the Social Security Fairness Act. This legislation seeks to eliminate the government pension offset (GPO) and windfall elimination provision (WEP), which reduce Social Security benefits for those who receive other pensions from state or local governments. Emblematic of the dysfunction with which Congress has operated as of late, this bill is inching its way through Congress on an unconventional path.

In the last few months, Rep. Garret Graves (R-LA) and Rep. Abigail Spanberger (D-VA) gathered the requisite signatures (218) to bring H.R. 82 to the floor through a discharge petition that would allow them to bypass regular House procedure. Specifically, a discharge petition allows a bill to be considered by the full House without first being passed by the committee to which the bill was initially referred. In this case, it was the House Committee on Ways and Means. The bill is supported by 330 cosponsors (210 Democrats and 120 Republicans) and should have passed easily.

However, the legislation was blocked by the House Freedom Caucus on election night. To stop the plan developed by Graves and Spanberger, Rep. Bob Good (R-VA) and Rep. Andy Harris (R-MD), Chair of the House Freedom Caucus, went to the House floor to use a parliamentary procedure that would postpone consideration of the bill. Good asked Harris, who was presiding over the House as Chair at the time, for unanimous consent to “lay the bill upon the table,” and Harris approved the motion. When Good made this unanimous consent request, there were not any other Members present to object to the request. As such, under House rules, this move effectively killed the bill for the time being.

However, when Good and Harris took these steps, the House was operating in pro forma session while Members of the House were scattered about the country awaiting election results. Legislative activity almost never occurs during pro forma session, so Good and Harris broke protocol in a significant way with their unorthodox actions, and it appears they did not have the blessing of Speaker Johnson to do so. According to an article in The Hill, “House GOP leadership had already prepared a way to bring up the bill under suspension of the rules, a different process that requires two-thirds support for approval but is faster than the discharge petition requirements.”

Good agreed to capitulate to GOP leadership’s request that he correct his original action in exchange for the opportunity to allow the House to vote on a more conservative measure to address the WEP issue. This legislation, the Equal Treatment of Public Servants Act of 2023 (H.R. 5342), would phase in a new formula for determining benefits under the WEP.

On November 12, 2024, Good went to the House floor to ask that his earlier action on H.R. 82 be reversed by asking for unanimous consent that the order of the House on Nov. 5, 2024, regarding that legislation, be vacated. His request was granted. The same day, H.R. 82 was brought to the floor under suspension of the rules, meaning amendments could not be offered and a two-thirds majority was required to pass the bill. The bill passed by a vote of 327 to 75. The House also voted on H.R. 5342 under suspension of the rules, but it did not garner the two-thirds majority necessary to pass. The vote was 175 to 225.

H.R. 82 now moves to the Senate, where its future is uncertain. While the Senate’s companion bill (S.597) has 62 cosponsors, which would be enough to overcome a filibuster, the short timeframe available for the Senate to consider the legislation prior to the end of the lame duck session makes passage a longshot. If the Senate does not act, the legislation will have to be reintroduced in the 119^th Congress, and the process will begin anew.

NOSSCR will continue to monitor action on this legislation.

Bill Details:

SECTION 1. Short title.

This Act may be cited as the “Social Security Fairness Act of 2023”.

SEC. 2. Repeal of government pension offset provision.

(a) In general.—Section 202(k) of the Social Security Act (42 U.S.C. 402(k)) is amended by striking paragraph (5).

(b) Conforming amendments.—

(1) Section 202(b)(2) of the Social Security Act (42 U.S.C. 402(b)(2)) is amended by striking “subsections (k)(5) and (q)” and inserting “subsection (q)”.

(2) Section 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is amended by striking “subsections (k)(5) and (q)” and inserting “subsection (q)”.

(3) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking “subsection (k)(5), subsection (q),” and inserting “subsection (q)”.

(4) Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by striking “subsection (k)(5), subsection (q)” and inserting “subsection (q)”.

SEC. 3. 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.—Subsections (e)(2) and (f)(2) of section 202 of such Act (42 U.S.C. 402) are each amended by striking “section 215(f)(5), 215(f)(6), or 215(f)(9)(B)” in subparagraphs (C) and (D)(i) and inserting “paragraph (5) or (6) of section 215(f)”.

SEC. 4. 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 2023. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall adjust primary insurance amounts to the extent necessary to take into account the amendments made by section 3.

Passed the House of Representatives November 12, 2024.