I 

108TH CONGRESS 

1ST SESSION H. R. 2262

To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2003

Mr. SANDERS (for himself, Mr. NEY, Mr. HOLDEN, Mrs. EMERSON, Mr. FILNER, Mr. GEORGE MILLER of California, Mr. BROWN of Ohio, Mr. BOSWELL, Mr. RODRIGUEZ, Mr. MCNULTY, Mr. HOEFFEL, Mr. HINCHEY, 

Ms. ROYBAL-ALLARD, Ms. CORRINE BROWN of Florida, Mr. FRANK of 

Massachusetts, Mr. COSTELLO, Mrs. MCCARTHY of New York, Mr. 

GREEN of Texas, Mr. INSLEE, Ms. KAPTUR, Ms. NORTON, Mr. FARR, 

Mr. LYNCH, Mr. LATOURETTE, Ms. WATSON, Mr. STARK, Mr. ISRAEL, 

Mr. ENGLISH, Mr. KILDEE, Mr. KANJORSKI, Mr. ROSS, Mr. FROST, Mr. 

PALLONE, Mr. OLVER, Mr. MCHUGH, Ms. SOLIS, Mr. WEXLER, Mr. 

LUCAS of Kentucky, Mr. KUCINICH, Mr. DEFAZIO, Mr. DEUTSCH, Mr. 

ROTHMAN, Mr. WAXMAN, Mr. OBERSTAR, Mr. MCINTYRE, Mr. MARKEY, 

Ms. SLAUGHTER, Mr. HOLT, Ms. LEE, Mrs. LOWEY, Mr. SIMMONS, Ms. 

JACKSON-LEE of Texas, Mr. DOYLE, Ms. SCHAKOWSKY, Mr. PASCRELL, 

Mr. MURTHA, Mr. GORDON, Mrs. NAPOLITANO, Mr. TOWNS, Mrs. JO

ANN DAVIS of Virginia, Mr. LANTOS, Ms. MCCOLLUM, Ms. LORETTA

SANCHEZ of California, Mr. DUNCAN, Mr. PAYNE, Mr. ABERCROMBIE, 

Mr. HALL, Mr. DAVIS of Illinois, Mr. CROWLEY, Mr. RYAN of Ohio, Ms. 

KILPATRICK, Ms. WOOLSEY, Mr. JACKSON of Illinois, Mr. MARSHALL, 

Mr. THOMPSON of Mississippi, Mr. WEINER, Mr. GONZALEZ, Mr. 

CUMMINGS, Ms. LINDA T. SA ́NCHEZ of California, and Mr. MCGOVERN) 

introduced the following bill; which was referred to the Committee on 

Ways and Means, and in addition to the Committees on Energy and 

Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 
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A BILL

To require the establishment of a Consumer Price Index 

for Elderly Consumers to compute cost-of-living increases 

for Social Security and Medicare benefits under titles 

II and XVIII of the Social Security Act.

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 ‘‘Consumer Price Index 

5 for Elderly Consumers Act’’. 

6 SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CON7 SUMERS. 

8 (a) IN GENERAL.—The Bureau of Labor Statistics 

9 of the Department of Labor shall prepare and publish an 

10 index for each calendar month to be known as the ‘‘Con11 sumer Price Index for Elderly Consumers’’ that indicates 

12 changes over time in expenditures for consumption which 

13 are typical for individuals in the United States who are 

14 62 years of age or older. 

15 (b) EFFECTIVE DATE.—Subsection (a) shall apply 

16 with respect to calendar months ending on or after July 

17 31 of the calendar year following the calendar year in 

18 which this Act is enacted. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out the provisions of this section. 
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1 SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. 

2 (a) AMENDMENTS TO TITLE II.—

3 (1) IN GENERAL.—Section 215(i) of the Social 

4 Security Act (42 U.S.C. 415(i)) is amended—

5 (A) in paragraph (1)(G), by inserting be6 fore the period the following: ‘‘, and, solely with 

7 respect to any monthly insurance benefit pay8 able under this title to an individual who has 

9 attained age 62, effective for adjustments under 

10 this subsection to the primary insurance 

11 amount on which such benefit is based (or to 

12 any such benefit under section 227 or 228) oc13 curring after such individual attains such age, 

14 the applicable Consumer Price Index shall be 

15 deemed to be the Consumer Price Index for El16 derly Consumers and such primary insurance 

17 amount shall be deemed adjusted under this 

18 subsection using such Index’’; and 

19 (B) in paragraph (4), by striking ‘‘and by 

20 section 9001’’ and inserting ‘‘, by section 

21 9001’’, and by inserting after ‘‘1986,’’ the fol22 lowing: ‘‘and by section 3(a) of the Consumer 

23 Price Index for Elderly Consumers Act,’’. 

24 (2) CONFORMING AMENDMENTS IN APPLICABLE

25 FORMER LAW.—Section 215(i)(1)(C) of such Act, as 

26 in effect in December 1978 and applied in certain 
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1 cases under the provisions of such Act in effect after 

2 December 1978, is amended by inserting before the 

3 period the following: ‘‘, and, solely with respect to 

4 any monthly insurance benefit payable under this 

5 title to an individual who has attained age 62, effec6 tive for adjustments under this subsection to the pri7 mary insurance amount on which such benefit is 

8 based (or to any such benefit under section 227 or 

9 228) occurring after such individual attains such 

10 age, the applicable Consumer Price Index shall be 

11 deemed to be the Consumer Price Index for Elderly 

12 Consumers and such primary insurance amount 

13 shall be deemed adjusted under this subsection using 

14 such Index’’. 

15 (3) EFFECTIVE DATE.—The amendments made 

16 by paragraph (1) shall apply to determinations made 

17 by the Commissioner of Social Security under sec18 tion 215(i)(2) of the Social Security Act (42 U.S.C. 

19 415(i)(2)) with respect to cost-of-living computation 

20 quarters ending on or after September 30 of the sec21 ond calendar year following the calendar year in 

22 which this Act is enacted. 

23 (b) AMENDMENTS TO TITLE XVIII.—

24 (1) IN GENERAL.—Title XVIII of such Act (42 

25 U.S.C. 1395 et seq.) is amended—
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1 (A) in section 1814(i)(2)(B), by inserting 

2 ‘‘(i) for accounting years ending before October 

3 1 of the second calendar year following the cal4 endar year in which the Consumer Price Index 

5 for Elderly Consumers Act was enacted,’’ after 

6 ‘‘for a year is’’, and by inserting after ‘‘fifth 

7 month of the accounting year’’ the following: 

8 ‘‘, and (ii) for accounting years ending after 

9 October 1 of such calendar year, the cap 

10 amount determined under clause (i) for the last 

11 accounting year referred to in such clause, in12 creased or decreased by the same percentage as 

13 the percentage increase or decrease, respec14 tively, in the medical care expenditure category 

15 (or corresponding category) of the Consumer 

16 Price Index for Elderly Consumers, published 

17 by the Bureau of Labor Statistics, from March 

18 of such calendar year to the fifth month of the 

19 accounting year’’; 

20 (B) in section 1821(c)(2)(C)(ii)(II), by 

21 striking ‘‘consumer price index for all urban 

22 consumers (all items; United States city aver23 age)’’ and inserting ‘‘Consumer Price Index for 

24 Elderly Consumers’’; 
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1 (C) in section 1833(h)(2)(A)(i), by striking 

2 ‘‘Consumer Price Index for All Urban Con3 sumers (United States city average)’’ and in4 serting ‘‘Consumer Price Index for Elderly Con5 sumers’’; 

6 (D) in section 1833(i)(2)(C), by striking 

7 ‘‘consumer price index for all urban consumers 

8 (U.S. city average)’’ and inserting ‘‘Consumer 

9 Price Index for Elderly Consumers’’; 

10 (E) in section 1834(a)(14)(D), by striking 

11 ‘‘consumer price index for all urban consumers 

12 (United States city average)’’ and inserting 

13 ‘‘Consumer Price Index for Elderly Con14 sumers’’; 

15 (F) in section 1834(h)(4)(A)(vi), by strik16 ing ‘‘consumer price index for all urban con17 sumers (United States city average)’’ and in18 serting ‘‘Consumer Price Index for Elderly Con19 sumers’’; 

20 (G) in section 1834(l)(3)(A), by striking 

21 ‘‘consumer price index for all urban consumers 

22 (U.S. city average)’’ and inserting ‘‘Consumer 

23 Price Index for Elderly Consumers’’; 

24 (H) in section 1834(l)(3)(B), by striking 

25 ‘‘consumer price index for all urban consumers 
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1 (U.S. city average)’’ and inserting ‘‘Consumer 

2 Price Index for Elderly Consumers’’; 

3 (I) in section 1842(s)(1), by striking ‘‘con4 sumer price index for all urban consumers 

5 (United States city average)’’ and inserting 

6 ‘‘Consumer Price Index for Elderly Con7 sumers’’; 

8 (J) in section 1882(p)(11)(C)(ii), by strik9 ing ‘‘Consumer Price Index for all urban con10 sumers (all items; U.S. city average)’’ and in11 serting ‘‘Consumer Price Index for Elderly Con12 sumers’’; and 

13 (K) in section 1886(h)(5)(B), by striking 

14 ‘‘Consumer Price Index for All Urban Con15 sumers (United States city average)’’ and in16 serting ‘‘Consumer Price Index for Elderly Con17 sumers’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by paragraph (1) shall apply with respect to deter20 minations made for periods ending after December 

21 31 of the second calendar year following the cal22 endar year in which this Act was enacted.

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