[Congressional Record Volume 170, Number 166 (Tuesday, November 12, 2024)]
[House]
[Pages H5925-H5931]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SOCIAL SECURITY FAIRNESS ACT OF 2023
Mr. SMITH of Missouri. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 82) to amend title II of the Social Security Act to
repeal the Government pension offset and windfall elimination
provisions.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 82
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Smith) and the gentleman from Connecticut (Mr. Larson)
each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
General Leave
Mr. SMITH of Missouri. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise to speak on H.R. 82, the Social Security Fairness
Act of 2023, which fully repeals Social Security's windfall elimination
provision and government pension offset.
The WEP and GPO are two Social Security policies that adjust benefits
for workers who receive a pension from jobs that were exempt from
Social Security payroll taxes, frequently police officers,
firefighters, teachers, and other public servants. These two provisions
affect around 4 percent of all Social Security beneficiaries, more than
60 percent of whom are concentrated in 10 States.
These two policies were put in place more than four decades ago to
prevent workers with earnings that were exempt from Social Security
payroll taxes from getting more generous treatment from Social Security
than workers who spent their whole careers contributing to Social
Security. Unfortunately, these policies still result in overly generous
benefits for some while unfairly penalizing others.
This Congress, the Ways and Means Committee has held more hearings on
WEP and GPO than any other Congress over the past 20 years.
At our first hearing, held at a fire station in Baton Rouge,
Louisiana, we heard directly from American retirees who have been
affected by these flawed provisions, which took most of them completely
by surprise.
At our second hearing, we identified that there are alternatives to
the current WEP and GPO formulas, using data which wasn't available
when those two provisions were put in place 40 years ago, which would
provide all beneficiaries with a fair benefit based on their actual
earnings.
Mr. Speaker, while the Social Security Fairness Act repeals the
flawed WEP and GPO, it is far from being a perfect solution and does
nothing to replace them with a fair formula.
Unfortunately, without a replacement, this bill is projected to cost
Social Security almost $200 billion over the next 10 years and expedite
Social Security's insolvency by about 6 months. When that happens, it
is projected that all beneficiaries, not just those affected by the WEP
and GPO, will receive a 20 to 25 percent benefit cut.
The WEP and GPO are flawed, but they were put in place for a reason:
to try to fairly account for workers holding jobs both outside and
inside the Social Security system.
I think everyone agrees they have done an imperfect job in treating
all workers fairly, and that is certainly something we need to fix.
However, to get rid of them without a replacement potentially trades
unfair treatment for preferential treatment.
Like many of the Members who support this legislation, I share the
goal of providing real relief to those who are harmed by these unfair
Washington rules, which is why it is unfortunate that this legislation
had to come to the floor this way. I would have much rather had a
bipartisan solution that came
[[Page H5926]]
to the floor through regular order that both repealed this formula but
also replaced it while holding retirees and current workers harmless.
It is why I appreciate that while the gentleman could have filed a
Consensus Calendar motion for H.R. 82 more than 460 days ago,
Representative Garret Graves instead chose to work in good faith with
the committee to find an alternative that is fully paid for.
Unfortunately, Democrats and key stakeholders were ultimately
unwilling to come together and identify a real bipartisan solution that
would protect both those harmed by the WEP and GPO and the Social
Security trust fund, which all beneficiaries rely on.
Mr. Speaker, if Members don't want to be right back here next
Congress, I urge my colleagues on both sides of the aisle to work with
us to fix this issue moving forward and protect the retirement security
of all American seniors.
Mr. Speaker, I reserve the balance of my time.
Mr. LARSON of Connecticut. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, first and foremost, I commend Representatives Abigail
Spanberger and Garret Graves for their extraordinary work. It is not
often in this body, Mr. Speaker, that my colleagues are going to find a
bipartisan group of more than 300 Members who sign on to a proposal.
Why? Well, my colleagues did it because of how dead wrong WEP and GPO
are and because of the impact on schoolteachers, firefighters, police
officers, and municipal employees. That is why it is so heartening to
see colleagues on both sides of the aisle come together and say, yes,
there is a path forward, and yes, WEP and GPO need to be reformed and,
in fact, eliminated.
Mr. Speaker, I agree with the chair. We need regular order. We need
regular order because Social Security needs to be addressed
comprehensively. If not for the work of Ms. Spanberger and Mr. Graves,
we wouldn't even be here. There would be no dialogue, no discussion, no
debate on the number one antipoverty program for the elderly and the
number one antipoverty program for children, a program that protects
spouses and their children, which every American agrees with and
understands.
Congress hasn't acted to expand a program and, in this case, hasn't
acted to help people who actually worked other jobs and paid into a
system and are being wrongfully penalized, which is why, in our
proposal of Social Security 2100, we repeal it, as well, and pay for
it.
Mr. Speaker, I agree with the chairman. We didn't have all the data
over 40 years ago. Now, we do, and now, we have that opportunity. We
also have the momentum in a body that recognizes that not only is this
unfair, but to have 5 million fellow Americans get below-poverty-level
checks is unfair. To not have increased or enhanced benefits in over 50
years is unfair. To not have a COLA that actually reflects what seniors
spend their money on is also unfair. To tax Social Security with
regular income after you have retired is unfair.
It needs to be addressed. I thank the Members who have done this and
have brought this, and we need to respond comprehensively. I will add
that we need to pay for it as well, but the Members who have strove to
bring this to the floor deserve tremendous credit.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Virginia (Ms.
Spanberger).
Ms. SPANBERGER. Mr. Speaker, I rise today as the Representative for
tens of thousands of Virginians whose earned retirement benefits have
been slashed by the windfall elimination provision and the government
pension offset for far, far too long.
I urge my colleagues, 330 of whom have cosponsored this legislation,
to join us in passing the Social Security Fairness Act this evening and
put an end to this theft.
For generations, hardworking Americans have been promised that if
they work hard, save, and contribute to their Social Security, they
will be afforded a secure retirement with their earned benefits.
The WEP and the GPO, two misguided provisions that were added to the
Social Security Act in 1983, have denied Americans the retirement
security they worked for and expected to receive.
Today, the WEP steals benefits from more than 2 million retired
Americans, more than 45,000 Virginians, who both paid into Social
Security for long enough to earn these benefits and worked in the
public sector during their careers. These are firefighters who worked a
second job to make ends meet, police officers who began a second career
after leaving the force, and teachers who took a summer job to cover
the bills and buy school supplies. They are Federal employees who went
on to work in the private sector. They are all receiving a fraction of
their earned Social Security benefits.
The GPO denies benefits to more than 750,000 Americans and nearly
8,000 Virginians, people who dedicated their careers to public service
who were then robbed of the survivor benefits that they should have
received while dealing with the death of a spouse. These Americans have
been punished simply because they chose to selflessly serve our
communities and our country.
Mr. Speaker, I have heard from thousands of Virginians about this
issue. Francis, a retired police officer in Virginia, is seeing his
benefits slashed by the WEP. Richard, a veteran who served our Nation
first in the military, then in civil service, and then in the private
sector, sees nearly half of his Social Security benefits stolen. That
has been the case for the past 15 years, even though he started working
when he was 16 years old and started paying into Social Security.
For more than 40 years, public servants have tirelessly implored
their Representatives in Congress to listen to their stories and to
correct this glaring injustice. Today, for the first time, Congress
will vote on the Social Security Fairness Act, to repeal the WEP and
the GPO, and to finally put an end to this theft.
Let me be very clear. The long-term solvency of Social Security is an
issue that Congress must address, and the issue of how much those
earned benefits pay to those who are in their retirement is something
that must be addressed, but that is a separate issue.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. LARSON of Connecticut. Mr. Speaker, I yield an additional 1
minute to the gentlewoman from Virginia.
{time} 1700
Ms. SPANBERGER. Mr. Speaker, that is a separate issue from allowing
Americans who did their part, who contributed their earnings, for them
to retire with dignity.
In signing their names onto this legislation, more than 330 lawmakers
on both sides of the aisle, Democrats and Republicans, have made clear
their belief that we must repeal the WEP and GPO. We must pass it
tonight.
Mr. Speaker, I urge my colleagues to join us in passing this
legislation and in sending it over to the United States Senate, where
61 Senators who are currently serving in that body are cosponsors of
our legislation. By passing the Social Security Fairness Act, we can
deliver long-overdue relief to the American public, to our public
servants, to those who have served our communities.
I thank everyone who will speak on behalf of this bill this evening.
I thank my cosponsor, Congressman Garret Graves, for his extraordinary
partnership as we have worked with public servants from around the
country to get to this point tonight.
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may
consume to the gentleman from Louisiana (Mr. Graves), the author of
this legislation.
Mr. GRAVES of Louisiana. Mr. Speaker, I thank Chairman Smith for
yielding me time.
Mr. Speaker, I listened to this debate and heard so many things that
are simply misunderstandings or maybe just intentionally telling things
that aren't true.
When I was growing up, my mom used to ask me: ``Is it going to take
an act of Congress for you to clean your room?'' She would say it all
the time. ``Is it going to take an act of Congress for you to clean
your room?'' I didn't know what she meant because I thought my room was
pretty clean.
What she meant is: Is it going to take the Earth, wind, stars, and
mountains all moving in order for you to act?
Mr. Speaker, this has been 40 years of treating people differently,
discriminating against a certain set of workers.
[[Page H5927]]
These are police officers, teachers, firefighters, and other public
servants. Mr. Speaker, I worked side by side with these folks. They are
not people who are overpaid. They are not people who are underworked.
Think about the crime issue, the defund the police issue, the safety
of our communities. Police officers are integral to our State. They are
integral to our Nation. We need to treat them fairly, respectfully.
That means not treating them differently and discriminating against
them and their benefits.
Teachers are the ones who train the next generation. Firefighters--
who are you going to call when your house is on fire? These are the
very people whose benefits we are cutting.
Mr. Speaker, I have heard people sit here and say the solvency of
this Social Security trust fund is going to move forward 6 months with
this bill. Mr. Speaker, the solvency has been delayed years because you
have stolen from these people. Do you not understand math? This number
right here--the Congressional Budget Office, $195 billion--do you know
what that number is? That is the number that you are going to be
stealing from these same public servants over the next 10 years if you
don't fix this.
Mr. Speaker, we can sit here and talk about all of these numbers and
math. Here is the reality. Probably somewhere between $600 billion and
$700 billion in Social Security benefits from police officers,
teachers, firefighters, and other public servants has been stolen. If
we don't pass this, the Congressional Budget Office says we are going
to steal another $995 billion.
An interesting nugget that was in the Congressional Budget Office's
evaluation is they also said if we actually pass this law, we are going
to save money on social welfare programs because we are going to lift
people out of poverty. They will no longer be dependent upon our social
welfare programs.
Mr. Speaker, we can't keep doing this. I heard people talking about
penalizing people and taxes and all of that stuff. Let me tell you what
is happening. There is a group of people right now that effectively is
paying a higher tax than anyone else. That is what is happening. It is
the reason why the Social Security trust fund is going to remain
solvent for years longer. It is unfair. It is unjust.
Mr. Speaker, I am going to say it again. This is a community of
people who cannot afford this. This is a community of people who are
some of the hardest working folks in our community, and they have been
stolen from for 40 years.
Mr. Speaker, very simply, here is the scenario. Let's say that
Chairman Smith and I were both security guards. We were paid the same
amount of money over the same period of time. After 20 years, I say
that I am out. I go back and help raise a family. Chairman Smith goes
on to become a sheriff's deputy. He does it for 10 years.
When we retire on the same exact date, my Social Security benefits
may be $1,500 to $1,800 more. Why? We paid the same amount for same
period of time into the Social Security trust fund.
Mr. Speaker, look, there are folks who have tried to throw up other
legislation and say that these other alternatives are the right way to
go. There is one bill in this Congress that has a majority of
Republicans and a majority of Democrats. I don't know the number right
now. I know that, recently, it was the most cosponsored bill in all of
Congress. With over 12,000 bills introduced, it was the most
cosponsored bill.
Mr. Speaker, do you know what? We didn't go through the regular
committee process. I do want to thank Chairman Smith for working with
us. Do you know what we did? We had a hearing in Louisiana. We had a
hearing in Washington, D.C. We negotiated for months, trying to get
there. We couldn't.
Mr. Speaker, there is one package that has the support of the
majority of Republicans and the majority of Democrats that will fix
this once and for all. How in the world are we trying to beat up on the
bill that is the most cosponsored bill in Congress?
My friend, Mr. Larson, was talking about the divisiveness, the
polarization. My gosh, we have finally come together on something.
Mr. Speaker, let's pass this bill. Let's show America that we can do
what is right and what is just. Let's make sure this bill gets through
the Senate and to the President's desk and that it doesn't take another
40 years to do what is right.
Mr. LARSON of Connecticut. Mr. Speaker, I yield 1 minute to the
gentlewoman from Illinois (Ms. Budzinski).
Ms. BUDZINSKI. Mr. Speaker, I thank my Democratic colleague for
yielding me time.
Mr. Speaker, I rise today in very strong support of H.R. 82, the
Social Security Fairness Act.
Right now, millions of Americans who have paid into Social Security
are being cut short in their benefits. Police officers, firefighters,
and educators, working people who have devoted their professional lives
to public service, are being unfairly punished by the windfall
elimination provision and the government pension offset.
Mr. Speaker, the Social Security Fairness Act is a bipartisan bill to
fix this, restoring benefits that our public servants have paid into
throughout the years and ensuring that every American receives the
Social Security benefits that they have earned and deserve.
Mr. Speaker, I urge my colleagues from both sides of the aisle to
come together this evening to support this legislation so that we can
give these working people the retirement security that they have worked
for and earned.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Higgins).
Mr. HIGGINS of Louisiana. Mr. Speaker, Congress frequently falls
short of the will of we the people. We know this as Representatives. We
struggle to do our best. Rarely do we have an opportunity to set things
right. I have worked for 8 years on the Social Security Fairness Act,
and tonight, it comes to the floor for a vote.
Mr. Speaker, tonight, we can repeal the unrighteous law. Tonight, men
and women of this Chamber, of this honored body, can recognize the
significance of their signature and can honor their own signature and
cast a vote in support of H.R. 82.
Mr. Speaker, I have watched Congress after Congress after Congress as
this bill has been skillfully and deviously killed in every Congress by
one means or another. There is an echo through the Chamber of: ``There
is a better bill pending. We will get it next Congress. There is a more
conservative bill in the Senate. We can't pass this bill. It won't see
the light of day in the Senate.''
Mr. Speaker, we shall shine the light of the American people upon
this body and upon the Senate. We demand a clean vote. This is why we
have forced it. By God, we shall get it. It is totally unrighteous to
state that we can use seized and stolen money to address our ledger as
a nation.
Mr. Speaker, we must stop the unrighteous theft. H.R. 82 has my full
and vigorous support. It carries the signatures of over 300 Members of
this people's House. I expect its passage tonight.
Mr. LARSON of Connecticut. Mr. Speaker, I yield 1 minute to the
gentleman from Ohio (Mr. Landsman).
Mr. LANDSMAN. Mr. Speaker, I thank everyone who has worked so hard on
this bill for as long as they have. It has been years, way too long.
Tonight is a bill vote. This is one of the most significant votes as
a new Member I have been a part of because of the impact it will have
on millions and millions of working people and public retirees. It is a
huge win for them.
Mr. Speaker, the bipartisan Social Security Fairness Act will help
over 160,000 people in Ohio alone. As has been said, these are people
who served us. These are retired teachers, retired police officers,
retired firefighters, retired nurses, and our letter carriers.
They have paid into the system like everyone else, but they don't get
all of their benefits. As has been said, this is theft.
Mr. Speaker, I am going to tell one quick story about a woman named
Melissa from my district. She has been teaching kindergarten at a
public school.
The SPEAKER pro tempore (Mr. D'Esposito). The time of the gentleman
has expired.
Mr. LARSON of Connecticut. Mr. Speaker, I yield an additional 1
minute to the gentleman from Ohio.
Mr. LANDSMAN. Mr. Speaker, she has taught public school for 20 years.
[[Page H5928]]
When she retires next year, she is set to lose $2,000 a month that she
has earned because of this provision.
She is not alone. As I mentioned, there are over 160,000 others in
Ohio and millions across the country.
Mr. Speaker, this is the most cosponsored bill in the United States
Congress. There are more than 60 Members of the Senate who will pass
this bill or at least have said that they will pass this bill.
With our vote tonight, it will get sent to the Senate. It will become
law. It will make an enormous difference in the lives of working
people, public retirees, so that they can pay all of their bills.
Mr. SMITH of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Speaker, it is great to be back on the floor of the
U.S. House of Representatives. We wrapped up our election season last
Tuesday. I participated in debates. Other people participated in
debates.
We are all ready to go after that inflation, that inflation driving
up food costs, driving up housing costs, driving up the cost of
gasoline. We are ready to get back here and be a little responsible.
Mr. Speaker, what is the first bill up, the first bill on the first
day? It is a bill that is going to cost just short of $200 billion, not
cut $200 billion, as we try to strengthen the dollar. It is going to
cost $200 billion.
It is illuminating that the most cosponsored bill is a bill that will
add another $200 billion to the country's debt, but that is the
situation that we are in.
Mr. Speaker, let's forget about the flowery language here. Now is the
first opportunity to say no to spending. I was anticipating this
biennium. We fight over bills worth $500 million or $1 billion. Now, we
have a bill before us for $190 billion, and everyone says it is time
to, in a bipartisan way, spend more. The average American is already
$100,000 in debt.
{time} 1715
Mr. Speaker, I ask my colleagues to please remember the promises
about excessive spending that we were all saying just 2 weeks ago and
please vote against this bill.
I don't know what is going to happen to me if the first thing the
Republicans do after coming back after this election season is pass a
bill that is going to cost $200 billion. Remember, the current system
is built to provide a benefit for the low earner. These folks already
have a pension and knew what the situation was going to be. Please
don't spend $200 billion.
Mr. LARSON of Connecticut. Mr. Speaker, I will point out as well that
the Social Security trust fund is not part of the national debt. This
proposal does not run up the national debt. It impacts the trust fund.
Mr. Speaker, I yield 1 minute to the gentlewoman from Oregon (Ms.
Hoyle).
Ms. HOYLE of Oregon. Mr. Speaker, my father was in the fire service
when this was passed in 1983. He retired in 1991, and because of this
wrong, he will get less than people who have private pensions simply
because he chose to protect and serve our community.
I agree with what has been said earlier. We need to fix what is
broken and do it the right way. It is why I believe we should pass the
Social Security Expansion Act, so that we can extend the solvency of
Social Security. That is not what is on the floor today.
I could say a lot of things, but I think my cousin said it best. He
called me when I was on the way here. He is suffering permanent health
effects from the time he spent at the World Trade Center after 9/11 and
for the time he spent in the fire service running into fires when
everybody else was running away. He said, public employees, police
officers, teachers, firefighters, and their spouses are punished for
our commitment to serve our community. While trust fund babies and day
traders get their full benefits, we do not. This is only part of the
solution.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. LARSON of Connecticut. Mr. Speaker, I yield an additional 1
minute to the gentlewoman from Oregon.
Ms. HOYLE of Oregon. He said, Val, tell them they need to pass this
bill. It is time to right this wrong. We have earned our benefits.
Mr. Speaker, I encourage my colleagues to vote ``yes.''
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. LARSON of Connecticut. Mr. Speaker, I yield myself the balance of
my time.
Mr. Speaker, it is rare when you see in this body the number of
people who have come together to support a bill. I think it
demonstrates overwhelmingly how badly we need to come together and pass
legislation that impacts the American people. We see so many of them as
was so eloquently stated by so many speakers today, especially Mr.
Graves and Mr. Higgins, saying how these individuals have had money
taken out of their paychecks and receive nothing. It is wrong. We all
know that it is wrong. It needs to be corrected, and it needs to be
paid for.
I respect the idea and notion that we have to be fiscally
responsible, but Social Security, the trust fund, is so solid but for
one thing: the inaction of the United States Congress for more than 53
years failing the American people, failing to do the right thing for
teachers, for firefighters, and for police officers.
I will bet everybody here has heard from the firefighters' union and
from the teachers' union and from others who are standing up and
saying, this is flat-out wrong. They are absolutely right, but there
are other people that are hurt as well when items aren't paid for.
Who is here to speak for the 5 million Americans who get below-
poverty-level checks from the wealthiest Nation in the world? Who
speaks for them? Who speaks for the more than 33 million Americans who
the only benefit that they have is Social Security?
As proud as I am of the speakers on our side who have talked about
the need to address this issue for people that have been hurt and
disadvantaged, if we don't pay for it we hurt and disadvantage people
who are in the fund currently by not comprehensively addressing this
issue and paying for it.
What that takes is for the discussion to move forward in a manner in
which it goes through regular order, it is debated in committee and on
the floor, and then voted on.
The great news is that there will actually be a vote and there will
actually be a discussion, and people will have to say, well, why was
that so and what was the outcome?
In doing so, hopefully, we will have an understanding about the
absolute neglect by the United States Congress, both Chambers, to
address the Nation's number one antipoverty program for our elderly and
for our children. It is the safety net of capitalism and
entrepreneurialism. It should be something we are embracing where both
sides have good points to make, but one of them clearly isn't cutting
benefits intentionally or unintentionally that end up hurting the very
people we are sworn to serve, the very people that Social Security was
meant to protect. The genius of Roosevelt and the Congress back in 1935
is that they got it. It took a major event like the Great Depression,
but if you think it can't happen again, think back to 2008 and 2009
when people's 401(k)'s became 101(k)'s.
Mr. Speaker, the American people are begging us to do something, to
have a vote. They are right. These benefits have been taken from them
that they earned and paid for. They deserve them, but in the process we
can't hurt those people who we have also neglected. There are 5 million
fellow Americans in all of our districts getting below-poverty-level
checks. That is wrong.
My heart is heavy because I oppose this bill because of who it
impacts and hurts, but I totally respect the effort in what was done
and the fact, thanks to the efforts of 300 Members of this body, there
will at least be a vote, not the vote I would have preferred, but
a vote.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, America's public servants deserve
to be treated fairly by Social Security, and all of America's seniors
deserve access to the benefits that they have earned and to live out
their retirement with dignity. These truths are not mutually exclusive.
We owe it to those Americans who dedicated their careers to serving
the public that they are not treated unfairly because of a mistake
Congress made decades ago. We also have a duty
[[Page H5929]]
to the millions of seniors on Social Security not impacted by GPO or
WEP to put in place a legislative fix that protects their benefits.
I will commend my colleague and good friend, Congressman Graves, for
his tireless work on behalf of these seniors and encourage all of my
colleagues to consider how this legislation will affect their
constituents one way or another as they vote.
Mr. Speaker, I yield the balance of my time to the gentleman from
Louisiana (Mr. Graves).
Mr. GRAVES of Louisiana. Mr. Speaker, this bill has been amazing. I
will say it again. At one point it has been the most cosponsored bill
in Congress, 330 cosponsors. This bill has a majority of the majority.
There is one Social Security fix bill that has a majority of the
majority as cosponsors. There is one bill that has the Speaker of the
House as a cosponsor that fixes this. There is one bill that has the
majority leader of the House as a cosponsor that fixes this. There is
one bill that will truly solve this problem after 40 years of stealing
from police officers, from teachers, from firefighters, and others, and
it is H.R. 82.
Now, Mr. Speaker, at home a lot of people are probably confused, and,
quite frankly, a lot of Members of Congress are probably confused.
Why are there two different bills that we are voting on today?
I will be very clear: One bill, H.R. 82, actually fixes the problem.
I appreciate the efforts of my friend from Texas working to try to
solve this. The bill doesn't do it.
Let me just give you one little story, one little anecdote, to make
it clear.
Today, Mr. Speaker, if you have a police officer killed in the line
of duty, that widow, that spouse, gets zero in spousal benefits in
Social Security. If we pass the other bill that was introduced that was
suddenly thrown up and put on the agenda, if we pass that legislation,
that spouse will continue to get nothing. The widow of a police officer
killed in the line of duty, the spousal benefits will still be zero.
According to all of the groups that are out there supporting this
legislation that are identified on this poster here, the other bill,
H.R. 5342, would actually benefit 1 million and result in cuts to 14
million retirees.
Let me say it another way. You vote ``yes'' on H.R. 5342, you are
voting to cut Social Security benefits. If you want to go home and
explain that, have at it. There is one bill that solves the problem.
Mr. Speaker, I thank my good friend, Congresswoman Spanberger, for
being a great partner. I thank Logan De La Barre-Hays, Shaun, Ben,
Mark, and Maggie Ayrea, and the staff folks for being so helpful. While
the chairman and I were unable to get to an agreement, a consensus on
this, I thank Chairman Smith for his tireless efforts to fix this.
{time} 1730
Lastly, Mr. Speaker, I want to say it one more time. There is one
bill--one bill--that has the support of police officers, teachers,
firefighters, and all the other retirees. I urge support for H.R. 82.
Mr. Speaker, I include in the Record letters of support from the
Federal-Postal Coalition, the Fraternal Order of Police, the American
Federation of State, County and Municipal Employees, the National
Association of Police Organizations, the National Committee to Preserve
Social Security and Medicare, NARFE, the International Association of
Fire Fighters, and the American Federation of Government Employees.
Federal-Postal Coalition,
November 12, 2024.
Dear Representative: As Chair of the Federal-Postal
Coalition, an organization of over thirty labor unions and
management associations representing the interests of current
and retired federal and postal employees, I urge you to vote
in favor of H.R. 82, the Social Security Fairness Act, when
it is brought up on suspension.
As you are aware, the Social Security Fairness Act would
repeal the Government Pension Offset (GPO) and Windfall
Elimination Provision (WEP). These policies from the 1970s
unfairly target the earned Social Security benefits of our
nation's public servants, including a substantial portion of
our country's federal retirees.
GPO and WEP reduce the hard-earned retirement benefits from
public sector employees at the federal, state and local
levels whose work is not covered by Social Security. GPO
targets and reduces spousal and survival Social Security
benefits, which disproportionately impacts widows and
widowers. Currently, widow's benefits are reduced by $2 for
every $3 earned if the widow is eligible for a pension based
on a public sector job that was not covered by Social
Security. WEP can result in a monthly Social Security benefit
as much as $512 1ess than under the regular benefit formula,
drastically reducing the amount of fixed income for a retiree
to live on.
Repeal of these provisions is long overdue. Social Security
is a critical source of income for our nation's retirees, but
we have allowed needless discrimination against retired
public servants for far too long. These individuals paid
Social Security taxes in connection with covered work (e.g.,
in the private sector), earning their Social Security
benefits. Yet because they chose careers in public service
and earned a pension through that service, their earned
Social Security benefits are significantly reduced--or even
eliminated. These penalties discourage public service and
hamper the retirement security of those with long careers
benefiting this nation.
Now it is time for the House to take action to address
these longstanding inequities and vote yes on H.R. 82.
Thank you for your consideration.
Sincerely,
Katie Maddocks,
Federal-Postal Coalition Chair.
____
AFSCME,
Washington, DC, November 12, 2024.
Members of the House of Representatives,
Washington, DC.
Dear Representative: On behalf of the 1.4 million members
of the American Federation of State, County and Municipal
Employees (AFSCME), I urge you to vote in support of the
strongly bipartisan Social Security Fairness Act of 2023
(H.R. 82) and to reject the Equal Treatment of Public
Servants Act of 2023 (H.R. 5342).
AFSCME supports H.R. 82 because it would fully repeal the
Government Pension Offset (GPO) and the Windfall Elimination
Provision (WEP), two provisions that deprive more than 2.8
million public employee retirees of Social Security benefits
they have earned.
With 330 co-sponsors, H.R. 82 has robust bipartisan
support.
H.R. 82 would permanently end the injustice in the current
calculation of Social Security benefits that harms 2.8
million public pensioners and their spouses who paid
thousands of dollars into Social Security over decades.
H.R. 82 would permanently end the Government Pension Offset
(GPO) cuts to the spousal and widow(er) Social Security
benefits of 750,000 beneficiaries (or about 1% of all
beneficiaries). Two out of three of these beneficiaries saw
the GPO take away all their spousal or widow(er)'s Social
Security check, denying them the retirement security they
planned.
H.R. 82 would permanently end the Windfall Elimination
Provision (WEP) formula that can cut a worker's earned Social
Security benefit by more than half, up to $587 in 2024. WEP
is an indiscriminate penalty that is especially unfair
because these workers pay the same percentage in payroll
contributions on their Social Security covered earnings as
all others. They fully earned these Social Security benefits.
AFSCME urges Congress to reject H.R. 5342 as it is deeply
flawed in key respects.
H.R. 5342 provides absolutely no relief for the harm caused
to spouses and widow(er)s by GPO.
H.R. 5342 picks winners and losers in calculating benefits
for workers affected by WEP. The Social Security
Administration Actuary estimated that the bill would slightly
increase benefits for 1 million future retirees but decrease
benefits for 14 million other future retirees.
Currently, former public employees who did not vest in
their public pension are exempt from WEP reductions to their
earned Social Security benefits. H.R. 5342 eliminates this
commonsense exemption and would subject 13.5 million more
individuals to a WEP cut in Social Security benefits.
We ask you to permanently end the injustice caused by GOP
and WEP by voting in support of the Social Security Fairness
Act (H.R. 82) and to reject the Equal Treatment of Public
Servants Act (H.R. 5342) so that current and future retirees
receive the benefits they have earned.
Sincerely,
Edwin S. Jayne,
Director of Federal Government Affairs.
____
National Fraternal Order
of Police,
November 12, 2024.
The National Fraternal Order of Police is urging Members of
the U.S. House of Representatives to vote YES on H.R. 82, the
bipartisan ``Social Security Fairness Act.'' The bill has 330
cosponsors, including House Leadership on both sides and a
majority of both Republicans and Democrats in the House. It
would:
Repeal existing penalties on retired public employees--the
Windfall Elimination Provision (WEP) and Government Pension
Offset (GPO).
Provide relief for about 1.9 million retired public
employees who earned a Social Security benefit through their
work but are denied the full benefit because of their public
service.
[[Page H5930]]
Ensure that Social Security treats all American workers the
same--FAIRLY.
The National Fraternal Order of Police is urging Members of
the U.S. House of Representatives to vote NO on H.R. 5342,
the ``Equal Treatment of Public Servants Act.'' The bill
falls short of true relief/reform because:
It leaves the Government Pension Offset intact, which
reduces the survivor benefits, and, in most cases, completely
eliminates the benefit. Of the 735,000 spouses who lost their
loved one and who are entitled to a survivor's benefit, the
majority of these widow(er)s--511,000 of them--will see their
benefit completely offset and will receive nothing.
The problem with the WEP in existing law is the unfair and
arbitrary nature of the formula. Repealing it will treat all
American workers the same. This bill just changes the
formula--retired public employees would still be treated
differently and not get what they earned.
____
National Association of Police
Organizations, Inc.,
Alexandria, Va., November 12, 2024.
House of Representatives, Washington, DC.
Dear Cosponsors of H.R. 82: On behalf of the National
Association of Police Organizations (NAPO), representing over
250,000 sworn law enforcement officers across the country, I
am writing to express our sincere thanks to you for
cosponsoring H.R. 82, the Social Security Fairness Act, and
to urge you to turn your support into a vote in favor of this
important legislation when it comes up for a vote today. The
Social Security Fairness Act is the only legislation that can
fix a long-standing wrong that has put millions of our
nation's retired public servants in financial insecurity.
By cosponsoring H.R 82, you demonstrated your understanding
of the detrimental impact the Windfall Elimination Provision
(WEP) and the Government Pension Offset (GPO) have on public
servants' Social Security retirement benefits. For over 40
years, the GPO and WEP have been harming the retirement
security of our nation's public safety officers simply
because they chose a public service profession by taking away
hard-earned and much needed benefits.
While initially meant as a ``leveling'' response, in recent
years the GPO and WEP have been used to prolong the life of
the Social Security Trust Fund on the backs of our nation's
public servants, who are seeing cuts across the board to
their hard-earned retirement benefits. By totally repealing
both the GPO and WEP, the Social Security Fairness Act would
preserve the retirement security of those who selflessly
serve and protect our communities.
We urge you to continue standing with us in support of
restoring the Social Security retirement benefits of millions
of public servants across the county and vote yes on H.R. 82
when it comes up for a vote today and no on H.R. 5342.
If you have any questions, or if we can be of further
assistance, please feel free to contact me.
Sincerely,
William J. Johnson, Esq.,
Executive Director.
____
National Committee to Preserve
Social Security & Medicare,
Washington, DC, November 12, 2024.
House of Representatives,
Washington, DC.
Dear Representative: On behalf of the millions of members
and supporters of the National Committee to Preserve Social
Security and Medicare, I am writing to express our strong
opposition to H.R. 5342, the ``Equal Treatment of Public
Servants Act of 2023'', because it will cut benefits for 14
million hard-working future retirees. Members of the National
Committee come from all walks of life and every political
persuasion. What unites them is their passion for protecting
and strengthening programs that are vitally important to
older Americans.
Although H.R. 5342 is being presented as an alternative to
H.R. 82, the ``Social Security Fairness Act of 2023'', it is
severely deficient in two major ways. First, it leaves intact
the current law Social Security Government Pension Offset
(GPO) provision, thus leaving hundreds of thousands of
beneficiaries, about one-half of whom are widows and
widowers, losing up to the entirety of their Social Security
benefit. And second, H.R. 5342 would expand rather than
reduce the reach of the current law Windfall Elimination
Provision (WEP), cutting the benefits of millions of
Americans who are not currently affected by the (WEP).
It is imperative that members of Congress not be misled by
the ``hold harmless'' provision that allows American workers
to receive benefits under either the current formula or the
new one--whichever is higher--for the next four decades.
While this is true, other provisions in the bill would result
in benefit cuts for millions of hard-working Americans who
were never subject to the WEP in the first place. The Social
Security Administration's (SSA) Chief Actuary has projected
that H.R. 5342 would cut benefits for 14 million future
retirees, while raising benefits for only one million.
While we prefer that the inequities of the GPO and WEP be
resolved as part of a comprehensive modernization of the
Social Security system such as that proposed by
Representative John Larson in the Social Security 2100 Act,
the deep flaws in H.R. 5342 make it a completely inadequate
alternative to H.R. 82. Unlike H.R. 5342, H.R. 82 completely
repeals both the GPO and the WEP, and does not cut benefits
for any future retirees.
The National Committee truly hopes that H.R. 5342 does not
represent a blueprint for how the Republican leadership of
the House of Representatives intends to address the broader
issue of Social Security reform. Cutting benefits for a large
number of beneficiaries while providing benefit increases for
a minority of workers is simply not acceptable to the
majority of the American people. Poll after poll has shown
broad, bipartisan support for increasing revenue to stabilize
Social Security's finances rather than cutting benefits.
We strongly urge all members of the House to oppose H.R.
5342 and support H.R. 82, the Social Security Fairness Act of
2023. Enactment of H.R. 82 will restore the earned Social
Security benefits to millions of public servants--including
the teachers, police and firefighters who put their lives on
the line for our families every day.
Sincerely,
Max Richtman,
President and CEO.
____
National Active and Retired
Federal Employees Association,
Alexandria, VA, November 11, 2024.
Dear Representative: On behalf of the National Active and
Retired Federal Employees Association (NARFE), which is
dedicated to advancing the interests of the more than 5
million federal employees and retirees, as well as their
spouses and survivors, I write to urge you to vote YES on the
Social Security Fairness Act, H.R. 82, when it comes to the
House floor this week.
The Social Security Fairness Act would repeal the Windfall
Elimination Provision (WEP) and Government Pension Offset
(GPO), both of which unfairly penalize retired public
servants by reducing earned Social Security benefits simply
due to their receipt of an earned government pension.
Throughout the 118th Congress, we have seen historic
progress on this legislation, demonstrating the broad support
for ending these unfair penalties. H.R. 82 has garnered
overwhelming bipartisan support with 330 cosponsors, making
it the most supported bill in all of Congress. The House Ways
and Means Committee held two hearings on WEP and GPO repeal,
where the committee heard compelling testimony from public
servants--including teachers, police officers, firefighters,
and federal workers--who detailed the severe financial
impacts these provisions have on their lives.
For nearly four decades, WEP and GPO have reduced--or
entirely eliminated--earned Social Security benefits for
public servants solely because they received a government
pension. The WEP can cut monthly Social Security benefits by
as much as $587, while the GPO often eliminates spousal or
survivor benefits completely. These cuts create substantial
financial burdens, forcing many retirees to consider
returning to work just to make ends meet. No former public
servant who dedicated their career to serving their country
with dignity and honor should face this reality.
Now is the time for Congress to repeal these provisions
once and for all. By voting in favor of H.R. 82, you will
help restore the benefits these individuals rightfully earned
and provide them with the financial security they deserve in
retirement. This is a pivotal moment for public servants
across the nation, and your support is critical to ensuring
justice and fairness for those who have served our
communities and our country.
H.R. 5342, the equal treatment of public servants act
I also urge you to vote PRESENT on H.R. 5342, the Equal
Treatment of Public Servants Act, which is also scheduled for
a vote.
In comparison to H.R. 82, the Social Security Fairness Act,
this bill would only provide limited relief from the WEP, and
no relief at all for those impacted by the GPO. While NARFE
has supported H.R. 5342 in the past as one plausible path to
providing an improvement over the status quo, we strongly
prefer full repeal of both WEP and GPO, and oppose
consideration of the bill side-by-side with H.R. 82,
especially when it has not earned floor time through majority
support for a discharge petition nor committee approval.
H.R. 5342 is only receiving a vote because two rogue
members of the House took unauthorized action during a pro
forma session of the House, ignoring longstanding
parliamentary precedent, and the authority of every other
member of Congress to vote on actions of the House,
threatening the procedural integrity of the House of
Representatives as a body. By taking unauthorized action,
they spoke for the entire House as just two members,
nullifying your vote on behalf of your constituents. A vote
of PRESENT takes no position on the underlying bill, yet
signals an objection to consideration of the bill, and
protests the actions of two rogue members.
For these reasons, I once again urge you to vote YES on
H.R. 82, and PRESENT on H.R. 5342. Thank you for your
consideration of our views.
Sincerely,
William Shackelford,
National President.
[[Page H5931]]
____
International Association of
Fire Fighters,
Washington, DC, November 12, 2024.
Hon. Mike Johnson,
Speaker of the House,
House of Representatives,
Washington, DC.
Hon. Hakeem Jeffries,
House Minority Leader,
House of Representatives,
Washington, DC.
Dear Speaker Johnson and Leader Jeffries: On behalf of the
more than 352,000 members of the International Association of
Fire Fighters (IAFF), thank you for bringing the Social
Security Fairness Act (H.R. 82) to a vote on the House Floor.
With this vote, the House is poised to make the pivotal
decision to restore a dignified retirement to countless
retired fire fighters, emergency medical workers, and other
public servants. I urge you and your colleagues to vote YES
on H.R. 82, and end the misguided denial of benefits that has
robbed these men and women of their rightfully-earned
benefits.
Every day, fire fighters and emergency medical workers risk
their lives and well-being for the greater good. They spend
their careers serving our communities, often juggling
multiple jobs to support their families--generally while
paying into Social Security based on their private-sector
earnings. These men and women rightfully expect to receive
full Social Security benefits in retirement. The cruel
reality is that the WEP and GPO strip away nearly $500 per
month from these retirees, leaving them to struggle in
retirement.
The House now holds the power to stand up for these brave
men and women. Voting YES on H.R. 82 will restore dignity and
fairness to retirees' lives and prove that their sacrifices
are honored. This is your chance to make a lasting impact and
help the first responders who have given our nation so much.
IAFF members are simply asking for fairness and to receive
the benefits that they have paid into and earned throughout
their careers.
Our union deeply appreciates your work to build a safer and
more dignified fire service. Passing H.R. 82 will ensure a
system that is fair for public servants and allows retirees
to have the retirements that they have earned. I urge you and
your colleagues to continue supporting retired fire fighters
by voting to pass H.R. 82. Let's get this bill to the Senate
and call upon them to follow your lead.
Sincerely,
Edward A. Kelly,
General President.
____
American Federation of
Government Employees, AFL-CIO,
Washington, DC, November 12, 2024.
Dear Representative: On behalf of the American Federation
of Government Employees (AFGE), which represents over 750,000
federal and District of Columbia employees at over 70
different agencies, I write to offer our strong endorsement
of H.R. 82, the ``Social Security Fairness Act of 2023,'' and
our strong opposition to H.R. 5342, the ``Equal Treatment of
Public Servants Act of 2023,'' and urge you to vote for H.R.
82 and against H.R. 5342 when they are considered on the
House floor today.
H.R. 82 would eliminate the Windfall Elimination Provision
(WEP) and Government Pension Offset (GPO), penalties that
unfairly deny workers, their spouses, and their children the
Social Security benefits earned through their FICA payroll
tax contribution. Social Security benefits are modest, but
enough to keep millions of seniors, children, disabled
individuals and their families out of poverty. The WEP and
GPO unfairly target Social Security benefits earned by public
service workers, including teachers, police officers,
firefighters and hundreds of thousands of federal retirees
under the Civil Service Retirement System (CSRS). In total,
more than two million Americans have their earned benefits
reduced or eliminated by the WEP and around 800,000 Americans
have benefits reduced or eliminated by the GPO. These
penalties disproportionately affect lower-income workers.
About 68 percent of those impacted by the GPO have their
benefit fully offset, which means they lose every penny of
their promised Social Security benefit. That is why we stand
with the 330 bipartisan cosponsors in supporting H.R. 82.
H.R. 5342, the Equal Treatment of Public Servants Act of
2023 is deeply flawed and would hurt millions of more people
than it helps. While the bill would slightly increase
benefits for nearly one million future retirees, it would
decrease benefits for 14 million retirees. The bill also does
nothing to provide relief from the unfair GPO. Finally, this
bill eliminates an important exemption from WEP for former
public employees not receiving a government pension.
AFGE fully supports H.R. 82, the Social Security Fairness
Act and encourages you to vote in favor of this much needed
legislation. We also urge you to vote against H.R. 5352,
which would enact new penalties harming public servants and
their families.
Sincerely,
Julie Tippens,
Director of Legislation.
Mr. GRAVES of Louisiana. Mr. Speaker, all of these groups are
supporting this bill and urging a ``no'' vote on the other bill, H.R.
5342.
Mr. SMITH of Missouri. Mr. Speaker, I yield back the balance of my
time.
Mr. CONNOLLY. Mr. Speaker, I rise today in strong support of H.R. 82,
the Social Security Fairness Act. This bill is a critical step to
ensure fair treatment for hardworking Americans who have dedicated
their lives to public service. In Virginia alone, nearly 8,000
individuals are unfairly impacted by the Government Pension Offset, and
over 46,000 Virginians suffer from reduced Social Security benefits due
to the Windfall Elimination Provision. These provisions penalize
teachers, police officers, firefighters, and other dedicated public
servants, denying them benefits they have rightfully earned. We must
correct these inequities. Most public servants aren't in it for the
money--rather, they've decided to work in government because they want
to serve their country. For their dedication to service, they should be
rewarded, not penalized for their well-earned pension.
Those affected by WEP and GPO are unfairly penalized because these
provisions reduce or even eliminate Social Security benefits for
retirees who have paid into the system over the course of their
careers. The Windfall Elimination Provision (WEP) decreases Social
Security benefits for individuals who receive pensions from jobs not
covered by Social Security, such as teachers or local government
workers, regardless of their income or total lifetime contributions. In
reality, this results in a situation wherein workers who have paid into
the system but split their careers between covered and non-covered
employment see a disproportionate reduction in benefits.
The Government Pension Offset (GPO) adds to this unfairness by
reducing spousal or survivor benefits by two-thirds of the individual's
government pension, affecting many retirees who rely on spousal
benefits for financial stability. This provision especially impacts
lower-income retirees, such as widows, who can lose most or all of
their benefits simply because they served in public-sector roles. In
short, these provisions punish individuals and their families for
dedicating their lives to public service, and make it harder for such
individuals to have a secure retirement.
Through this bill, which repeals WEP and GPO, we can provide much-
needed relief to public sector retirees and their families who often
rely in part on Social Security benefits for financial security. This
bill is about fairness, equity, and honoring our commitment to
individuals who have served their communities. As such, I urge my
colleagues to support this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Smith) that the House suspend the rules
and pass the bill, H.R. 82.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Missouri. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________