What This Bill Does
This bill changes how the federal government calculates cost-of-living increases (automatic raises given to keep up with inflation) for certain benefit programs. Instead of using the regular Consumer Price Index (a measure of how prices change for average Americans), the bill requires using the Consumer Price Index for Elderly Consumers, which tracks price changes specifically affecting seniors.
Who It Affects
Social Security beneficiaries, federal employees receiving Civil Service Retirement System or Federal Employees Retirement System annuities, veterans receiving disability compensation and survivor benefits, and military retirees and their survivors.
Key Provisions
• The bill defines "Consumer Price Index" to mean the Consumer Price Index for Elderly Consumers (CPI-E), as published by the Bureau of Labor Statistics of the Department of Labor (Sec. 2(a)).
• The Bureau of Labor Statistics must prepare and publish the Consumer Price Index for Elderly Consumers for each calendar month, starting with the date this bill becomes law (Sec. 2(c)).
• Whenever Social Security benefit amounts increase by a certain percentage, the dollar amounts for seven specific federal benefit programs must increase by that same percentage (Sec. 3).
• The seven affected benefit programs include Civil Service and Federal Employees retirement annuities, Veterans Affairs disability compensation, Veterans Affairs survivor benefits, and military retirement and survivor benefit programs (Sec. 3(1) through 3(7)).
What Changes
If this bill becomes law, Social Security and seven other federal benefit programs will calculate their annual increases using a measurement of inflation that tracks what seniors specifically pay for, rather than what all Americans pay for on average.
Important Definitions
Consumer Price Index for Elderly Consumers (CPI-E): A measure of how prices change for elderly consumers, published monthly by the Bureau of Labor Statistics of the Department of Labor.
Effective Date
The changes apply to cost-of-living calculations for quarters ending on or after September 30, 2023 (Sec. 2(d)).
I
118TH CONGRESS
1ST SESSION
H. R. 716
To provide for cost-of-living increases for certain Federal benefits programs
based on increases in the Consumer Price Index for the elderly.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2023
Mr. GARAMENDI (for himself, Mr. PANETTA, Mr. COHEN, Mrs. MCBATH, Mr.
MOULTON, Ms. MCCOLLUM, Ms. LOIS FRANKEL of Florida, Mr. GRI-
JALVA, Mr. BOYLE of Pennsylvania, Ms. SCANLON, Ms. TITUS, Ms. PIN-
GREE, Ms. ROSS, Ms. OMAR, Mr. CROW, Mrs. BEATTY, Mr. KIM of New
Jersey, Ms. MOORE of Wisconsin, Mr. LIEU, and Mr. BOWMAN) intro-
duced the following bill; which was referred to the Committee on Ways
and Means, and in addition to the Committees on Veterans’ Affairs,
Oversight and Accountability, and Armed Services, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for cost-of-living increases for certain Federal
benefits programs based on increases in the Consumer
Price Index for the elderly.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fair COLA for Seniors
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Act of 2023’’.
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•HR 716 IH
SEC. 2. COMPUTATION OF COST-OF-LIVING INCREASES
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BASED ON CONSUMER PRICE INDEX FOR EL-
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DERLY CONSUMERS.
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(a) IN GENERAL.—Section 215(i)(1) of the Social Se-
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curity Act (42 U.S.C. 415(i)(1)) is amended by adding
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at the end the following new subparagraph:
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‘‘(H) the term ‘Consumer Price Index’ means
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the Consumer Price Index for Elderly Consumers
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(CPI–E, as published by the Bureau of Labor Sta-
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tistics of the Department of Labor).’’.
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(b) APPLICATION TO PRE-1979 LAW.—
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(1) IN GENERAL.—Section 215(i)(1) of the So-
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cial Security Act as in effect in December 1978, and
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as applied in certain cases under the provisions of
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such Act as in effect after December 1978, is
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amended by adding at the end the following new
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subparagraph:
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‘‘(D) the term ‘Consumer Price Index’ means
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the Consumer Price Index for Elderly Consumers
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(CPI–E, as published by the Bureau of Labor Sta-
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tistics of the Department of Labor).’’.
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(2) CONFORMING CHANGE.—Section 215(i)(4)
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of the Social Security Act (42 U.S.C. 415(i)(4)) is
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amended—
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(A) by striking ‘‘and by section 9001’’ and
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inserting ‘‘, section 9001’’; and
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•HR 716 IH
(B) by inserting ‘‘and section 2 of the Fair
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COLA for Seniors Act of 2023,’’ after ‘‘1986,’’.
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(c) PUBLICATION OF CONSUMER PRICE INDEX FOR
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ELDERLY CONSUMERS.—The Bureau of Labor Statistics
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of the Department of Labor shall prepare and publish the
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index authorized by section 191 of the Older Americans
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Amendments Act of 1987 (29 U.S.C. 2 note) for each cal-
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endar month, beginning with the date of enactment of this
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Act, and such index shall be known as the ‘‘Consumer
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Price Index for Elderly Consumers’’.
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(d) EFFECTIVE DATE.—The amendments made by
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subsection (a) shall apply to determinations made with re-
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spect to cost-of-living computation quarters (as defined in
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section 215(i)(1)(B) of the Social Security Act (42 U.S.C.
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415(i)(1)(B))) ending on or after September 30, 2023.
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SEC. 3. COST-OF-LIVING INCREASES FOR CERTAIN FED-
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ERAL BENEFITS PROGRAMS BASED ON IN-
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CREASES IN THE CONSUMER PRICE INDEX
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FOR THE ELDERLY.
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Notwithstanding any other provision of law, whenever
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benefit amounts under title II of the Social Security Act
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are increased by any percentage effective with any month
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as a result of a determination made under section 215(i)
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of such Act, the dollar amounts in effect for the payment
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of the following benefits, as such amounts were in effect
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•HR 716 IH
immediately before the increase of such benefit amounts,
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shall be increased by the same percentage:
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(1) An annuity under the Civil Service Retire-
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ment System or the Federal Employees Retirement
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System.
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(2) Department of Veterans Affairs wartime
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disability compensation under section 1114 of title
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38, United States Code.
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(3) Department of Veterans Affairs additional
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compensation for dependents under section 1115(1)
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of such title.
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(4) The Department of Veterans Affairs cloth-
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ing allowance under section 1162 of such title.
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(5) Department of Veterans Affairs dependency
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and indemnity compensation to surviving spouse
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under subsections (a) through (d) of section 1311 of
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such title.
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(6) Department of Veterans Affairs dependency
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and indemnity compensation to children under sec-
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tions 1313(a) and 1314 of such title.
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(7) Military retirement and survivor benefit
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programs, as defined in section 1461(b) of title 10,
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United States Code.
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Æ
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