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. GRIJALVA, Mr. BOYLE of Pennsylvania, Ms. SCANLON, Ms. TITUS, Ms. PINGREE, Ms. ROSS, Ms. OMAR, Mr. CROW, Mrs. BEATTY, Mr. KIM of New 

Jersey, Ms. MOORE of Wisconsin, Mr. LIEU, and Mr. BOWMAN) introduced 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 subsequently 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. 

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 ‘‘Fair COLA for Seniors 

5 Act of 2023’’. 


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1 SEC. 2. COMPUTATION OF COST-OF-LIVING INCREASES 

2 BASED ON CONSUMER PRICE INDEX FOR EL3 DERLY CONSUMERS. 

4 (a) IN GENERAL.—Section 215(i)(1) of the Social Se5 curity Act (42 U.S.C. 415(i)(1)) is amended by adding 

6 at the end the following new subparagraph: 

7 ‘‘(H) the term ‘Consumer Price Index’ means 

8 the Consumer Price Index for Elderly Consumers 

9 (CPI–E, as published by the Bureau of Labor Sta10 tistics of the Department of Labor).’’. 

11 (b) APPLICATION TO PRE-1979 LAW.— 

12 (1) IN GENERAL.—Section 215(i)(1) of the So13 cial Security Act as in effect in December 1978, and 

14 as applied in certain cases under the provisions of 

15 such Act as in effect after December 1978, is 

16 amended by adding at the end the following new 

17 subparagraph: 

18 ‘‘(D) the term ‘Consumer Price Index’ means 

19 the Consumer Price Index for Elderly Consumers 

20 (CPI–E, as published by the Bureau of Labor Sta21 tistics of the Department of Labor).’’. 

22 (2) CONFORMING CHANGE.—Section 215(i)(4) 

23 of the Social Security Act (42 U.S.C. 415(i)(4)) is 

24 amended— 

25 (A) by striking ‘‘and by section 9001’’ and 

26 inserting ‘‘, section 9001’’; and 


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1 (B) by inserting ‘‘and section 2 of the Fair 

2 COLA for Seniors Act of 2023,’’ after ‘‘1986,’’. 

3 (c) PUBLICATION OF CONSUMER PRICE INDEX FOR

4 ELDERLY CONSUMERS.—The Bureau of Labor Statistics 

5 of the Department of Labor shall prepare and publish the 

6 index authorized by section 191 of the Older Americans 

7 Amendments Act of 1987 (29 U.S.C. 2 note) for each cal8 endar month, beginning with the date of enactment of this 

9 Act, and such index shall be known as the ‘‘Consumer 

10 Price Index for Elderly Consumers’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall apply to determinations made with re13 spect to cost-of-living computation quarters (as defined in 

14 section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 

15 415(i)(1)(B))) ending on or after September 30, 2023. 

16 SEC. 3. COST-OF-LIVING INCREASES FOR CERTAIN FED17 ERAL BENEFITS PROGRAMS BASED ON IN18 CREASES IN THE CONSUMER PRICE INDEX 

19 FOR THE ELDERLY. 

20 Notwithstanding any other provision of law, whenever 

21 benefit amounts under title II of the Social Security Act 

22 are increased by any percentage effective with any month 

23 as a result of a determination made under section 215(i) 

24 of such Act, the dollar amounts in effect for the payment 

25 of the following benefits, as such amounts were in effect 


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1 immediately before the increase of such benefit amounts, 

2 shall be increased by the same percentage: 

3 (1) An annuity under the Civil Service Retire4 ment System or the Federal Employees Retirement 

5 System. 

6 (2) Department of Veterans Affairs wartime 

7 disability compensation under section 1114 of title 

8 38, United States Code. 

9 (3) Department of Veterans Affairs additional 

10 compensation for dependents under section 1115(1) 

11 of such title. 

12 (4) The Department of Veterans Affairs cloth13 ing allowance under section 1162 of such title. 

14 (5) Department of Veterans Affairs dependency 

15 and indemnity compensation to surviving spouse 

16 under subsections (a) through (d) of section 1311 of 

17 such title. 

18 (6) Department of Veterans Affairs dependency 

19 and indemnity compensation to children under sec20 tions 1313(a) and 1314 of such title. 

21 (7) Military retirement and survivor benefit 

22 programs, as defined in section 1461(b) of title 10, 

23 United States Code. 

Æ 


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