I 

111TH CONGRESS 

1ST SESSION H. R. 2365 

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 12, 2009 

Mr. DEFAZIO (for himself, Mr. DUNCAN, Mr. WAXMAN, Mr. MCHUGH, Mr. 

OBERSTAR, Mrs. EMERSON, Mr. BOREN, Mr. PLATTS, Ms. DELAURO, 

Mr. MCGOVERN, Mr. HALL of New York, Mr. KILDEE, Mr. RODRIGUEZ, 

Mr. HINCHEY, Mr. WILSON of Ohio, Mr. COSTELLO, Mr. CARNEY, Ms. 

BORDALLO, Mr. DAVIS of Illinois, Mr. KUCINICH, and Mr. STARK) 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 Labor, 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 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Consumer Price Index 

3 for Elderly Consumers Act of 2009’’. 

4 SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CON5 SUMERS. 

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

7 of the Department of Labor shall prepare and publish an 

8 index for each calendar month to be known as the ‘‘Con9 sumer Price Index for Elderly Consumers’’ that indicates 

10 changes over time in expenditures for consumption which 

11 are typical for individuals in the United States who are 

12 62 years of age or older. 

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

14 with respect to calendar months ending on or after July 

15 31 of the calendar year following the calendar year in 

16 which this Act is enacted. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out the provisions of this section. 

20 SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. 

21 (a) AMENDMENTS TO TITLE II.— 

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

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

24 (A) in paragraph (1)(G), by inserting be25 fore the period the following: ‘‘, and, solely with 

26 respect to any monthly insurance benefit payVerDate Nov 24 2008 23:55 May 13, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2365.IH H2365

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1 able under this title to an individual who has 

2 attained age 62, effective for adjustments under 

3 this subsection to the primary insurance 

4 amount on which such benefit is based (or to 

5 any such benefit under section 227 or 228) oc6 curring after such individual attains such age, 

7 the applicable Consumer Price Index shall be 

8 deemed to be the Consumer Price Index for El9 derly Consumers and such primary insurance 

10 amount shall be deemed adjusted under this 

11 subsection using such Index’’; and 

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

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

14 9001’’, and by inserting after ‘‘1986,’’ the fol15 lowing: ‘‘and by section 3(a) of the Consumer 

16 Price Index for Elderly Consumers Act,’’. 

17 (2) CONFORMING AMENDMENTS IN APPLICABLE

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

19 in effect in December 1978 and applied in certain 

20 cases under the provisions of such Act in effect after 

21 December 1978, is amended by inserting before the 

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

23 any monthly insurance benefit payable under this 

24 title to an individual who has attained age 62, effec25 tive for adjustments under this subsection to the priVerDate Nov 24 2008 23:55 May 13, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2365.IH H2365

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1 mary insurance amount on which such benefit is 

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

3 228) occurring after such individual attains such 

4 age, the applicable Consumer Price Index shall be 

5 deemed to be the Consumer Price Index for Elderly 

6 Consumers and such primary insurance amount 

7 shall be deemed adjusted under this subsection using 

8 such Index’’. 

9 (3) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall apply to determinations made 

11 with respect to cost-of-living computation quarters 

12 ending on or after September 30 of the second cal13 endar year following the calendar year in which this 

14 Act is enacted. 

15 (b) AMENDMENTS TO TITLE XVIII.— 

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

17 U.S.C. 1395 et seq.) is amended— 

18 (A) in section 1814(i)(2)(B), by inserting 

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

20 1 of the second calendar year following the cal21 endar year in which the Consumer Price Index 

22 for Elderly Consumers Act was enacted,’’ after 

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

24 month of the accounting year’’ the following: ‘‘, 

25 and (ii) for accounting years ending after OctoVerDate Nov 24 2008 23:55 May 13, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2365.IH H2365

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1 ber 1 of such calendar year, the cap amount de2 termined under clause (i) for the last account3 ing year referred to in such clause, increased or 

4 decreased by the same percentage as the per5 centage increase or decrease, respectively, in the 

6 medical care expenditure category (or cor7 responding category) of the Consumer Price 

8 Index for Elderly Consumers, published by the 

9 Bureau of Labor Statistics, from March of such 

10 calendar year to the fifth month of the account11 ing year’’; 

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

13 striking ‘‘consumer price index for all urban 

14 consumers (all items; United States city aver15 age)’’ and inserting ‘‘Consumer Price Index for 

16 Elderly Consumers’’; 

17 (C) in section 1833(h)(2)(A)(i), by striking 

18 ‘‘Consumer Price Index for All Urban Con19 sumers (United States city average)’’ and in20 serting ‘‘Consumer Price Index for Elderly Con21 sumers’’; 

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

23 ‘‘Consumer Price Index for all urban consumers 

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

25 Price Index for Elderly Consumers’’; 


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1 (E) in each of subparagraphs (K), (L), 

2 and (M) of section 1834(a)(14), by striking 

3 ‘‘consumer price index for all urban consumers 

4 (U.S. urban average)’’ and inserting ‘‘applicable 

5 consumer price index’’; 

6 (F) in section 1834(h)(4)(A)(x), by strik7 ing ‘‘consumer price index for all urban con8 sumers (United States city average)’’ and in9 serting ‘‘Consumer Price Index for Elderly Con10 sumers’’; 

11 (G) in section 1834(l)(3)(B), by striking 

12 ‘‘consumer price index for all urban consumers 

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

14 Price Index for Elderly Consumers’’; 

15 (H) in section 1839(i)(5)(A)(ii), by strik16 ing ‘‘Consumer Price Index (United States city 

17 average)’’ and inserting ‘‘Consumer Price Index 

18 for Elderly Consumers’’; 

19 (I) in section 1842(s)(1), by striking ‘‘con20 sumer price index for all urban consumers 

21 (United States city average)’’ and inserting 

22 ‘‘Consumer Price Index for Elderly Con23 sumers’’; 

24 (J) in each of subparagraphs (D)(ii) and 

25 (E)(i)(II) of section 1860D–14(a)(3) and in 


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1 each of clauses (i) and (ii) of section 1860D– 

2 14(a)(4)(A), by striking ‘‘consumer price index 

3 (all items; U.S. city average)’’ and inserting 

4 ‘‘Consumer Price Index for Elderly Con5 sumers’’; 

6 (K) in section 1882(p)(11)(C)(ii), by strik7 ing ‘‘Consumer Price Index for all urban con8 sumers (all items; U.S. city average)’’ and in9 serting ‘‘Consumer Price Index for Elderly Con10 sumers’’; 

11 (L) in each of clauses (iv) and (vi)(II) of 

12 section 1886(h)(2)(E), by striking ‘‘for all 

13 urban consumers’’; and 

14 (M) in section 1886(h)(5)(B), by striking 

15 ‘‘Consumer Price Index for All Urban Con16 sumers (United States city average)’’ and in17 serting ‘‘Consumer Price Index for Elderly Con18 sumers’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by paragraph (1) shall apply with respect to deter21 minations made for periods ending after December 

22 31 of the second calendar year following the cal23 endar year in which this Act was enacted. 

Æ 


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