I 

111TH CONGRESS 

1ST SESSION H. R. 1371 

To require the establishment of regional consumer price indices to compute 

cost-of-living increases under the programs for Social Security and Medicare and other medical benefits under titles II and XVIII of the Social 

Security Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2009 

Mr. WEINER 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 regional consumer price indices to compute cost-of-living increases under the programs for Social Security and Medicare and other medical 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 ‘‘COLA Fairness Act 

5 of 2009’’. 


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1 SEC. 2. REGIONAL CONSUMER PRICE INDEX. 

2 (a) RECOGNITION OF REGIONS.—The Bureau of 

3 Labor Statistics of the Department of Labor shall estab4 lish and publish a mapping of the United States under 

5 which 14 regions are recognized comprising the United 

6 States. Each region shall include one of the cities listed 

7 in subsection (b). 

8 (b) SPECIFIED CITIES.—The cities specified in this 

9 subsection are the following: 

10 (1) Atlanta, Georgia; 

11 (2) Boston, Massachusetts; 

12 (3) Chicago, Illinois; 

13 (4) Cleveland, Ohio; 

14 (5) Dallas, Texas; 

15 (6) Detroit, Michigan; 

16 (7) Philadelphia, Pennsylvania; 

17 (8) Houston, Texas; 

18 (9) Los Angeles, California; 

19 (10) Miami, Florida; 

20 (11) New York, New York; 

21 (12) San Francisco, California; 

22 (13) Seattle, Washington; and 

23 (14) Washington, District of Columbia. 

24 (c) ESTABLISHMENT OF REGIONAL CONSUMER

25 PRICE INDICES.—The Bureau shall establish and publish 

26 for each region recognized pursuant to subsection (a) a 


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1 monthly index for the region, to be known as the ‘‘Re2 gional Consumer Price Index’’ for the region, that indi3 cates changes over time in expenditures for consumption 

4 which are typical for individuals residing in the region. 

5 (d) EFFECTIVE DATE.—The preceding provisions of 

6 this section shall apply with respect to calendar months 

7 beginning on or after January 1, 2010. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as are nec10 essary to carry out the provisions of this section. 

11 SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIV12 ING INCREASES. 

13 (a) AMENDMENTS TO TITLE II.— 

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

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

16 (A) in paragraph (1)(G), by inserting be17 fore the period the following: ‘‘, and, with re18 spect to an individual who, at the time he ini19 tially becomes eligible for old-age insurance 

20 benefits or disability insurance benefits (or dies 

21 before initially becoming so eligible), resides in 

22 a region of the United States recognized by the 

23 Bureau of Labor Statistics pursuant to section 

24 2(a) of the COLA Fairness Act of 2009, the 

25 applicable Consumer Price Index shall be 


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1 deemed to be the Regional Consumer Price 

2 Index for such region’’; and 

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

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

5 9001’’, and by inserting after ‘‘1986,’’ the fol6 lowing: ‘‘and by section 3(a) of the COLA Fair7 ness Act of 2009,’’. 

8 (2) CONFORMING AMENDMENTS RELATING TO

9 APPLICABLE FORMER LAW.—Section 215(i)(4) of 

10 such Act (42 U.S.C. 415(i)(4)) is amended by add11 ing at the end the following new sentence: ‘‘For pur12 poses of computing adjustments under this sub13 section as so in effect, the applicable Consumer 

14 Price Index shall be deemed to be the Regional Con15 sumer Price Index for the region in which such indi16 vidual resides at the time he becomes eligible for old17 age insurance benefits or disability insurance bene18 fits (or dies before initially becoming so eligible).’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to determinations made by the 

21 Commissioner of Social Security under section 215(i)(2) 

22 of the Social Security Act (42 U.S.C. 415(i)(2)) with re23 spect to cost-of-living computation quarters ending on or 

24 after September 30 of the second calendar year following 

25 the calendar year in which this Act is enacted. 


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1 SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE2 CURITY ACT. 

3 (a) IN GENERAL.—Title XVIII of the Social Security 

4 Act (42 U.S.C. 1395 et seq.) is amended— 

5 (1) in section 1814(i)(2)(B), by inserting ‘‘(i) 

6 for accounting years ending before October 1 of the 

7 second calendar year following the calendar year in 

8 which the COLA Fairness Act of 2009 was en9 acted,’’ after ‘‘for a year is’’, and by inserting after 

10 ‘‘fifth month of the accounting year’’ the following: 

11 ‘‘, and (ii) for accounting years ending after October 

12 1 of such calendar year, the cap amount determined 

13 under clause (i) for the last accounting year referred 

14 to in such clause, increased or decreased by the 

15 same percentage as the percentage increase or de16 crease, respectively, in the medical care expenditure 

17 category (or corresponding category) of the applica18 ble consumer price index, published by the Bureau 

19 of Labor Statistics, from March of such calendar 

20 year to the fifth month of the accounting year’’; 

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

22 ‘‘Consumer Price Index for All Urban Consumers 

23 (United States city average)’’ and inserting ‘‘appli24 cable consumer price index’’; 

25 (3) in section 1833(i)(2)(C)(i), by striking 

26 ‘‘Consumer Price Index for all urban consumers 


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1 (U.S. city average)’’ and inserting ‘‘applicable con2 sumer price index’’; 

3 (4) in each of subparagraphs (K), (L), and (M) 

4 of section 1834(a)(14), by striking ‘‘consumer price 

5 index for all urban consumers (U.S. urban average)’’ 

6 and inserting ‘‘applicable consumer price index’’; 

7 (5) in section 1834(h)(4)(A)(x), by striking 

8 ‘‘consumer price index for all urban consumers 

9 (United States city average)’’ and inserting ‘‘appli10 cable consumer price index’’; 

11 (6) in section 1834(l)(3)(B), by striking ‘‘con12 sumer price index for all urban consumers (U.S. city 

13 average)’’ and inserting ‘‘applicable consumer price 

14 index’’; 

15 (7) in section 1839(i)(5)(A)(ii), by striking 

16 ‘‘Consumer Price Index for all urban consumers 

17 (United States city average)’’ and inserting ‘‘appli18 cable consumer price index’’; 

19 (8) in section 1842(o)(5)(C), by striking ‘‘con20 sumer price index’’ and inserting ‘‘applicable con21 sumer price index’’; 

22 (9) in section 1842(s)(1), by striking ‘‘con23 sumer price index for all urban consumers (United 

24 States city average)’’ and inserting ‘‘applicable con25 sumer price index’’; 


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1 (10) in subparagraphs (D)(ii) and (E)(i)(II) of 

2 section 1860D–14(a)(3), by striking ‘‘consumer 

3 price index (all items; U.S. city average)’’ and in4 serting ‘‘applicable consumer price index’’ each place 

5 it appears; 

6 (11) in section 1860D–14(a)(4)(A)(ii), by strik7 ing ‘‘consumer price index (all items; U.S. city aver8 age)’’ and inserting ‘‘applicable consumer price 

9 index’’; 

10 (12) in section 1869(b)(1)(E)(iii), by inserting 

11 ‘‘(I) for any such year ending before the second cal12 endar year following the calendar year in which the 

13 COLA Fairness Act of 2009 was enacted,’’ after 

14 ‘‘shall be equal to’’, and by inserting after ‘‘the year 

15 involved’’ the following ‘‘, and (II) for any such year 

16 ending with or after such second calendar year, such 

17 dollar amounts determined under subclause (I) for 

18 the year preceding such second calendar year, in19 creased by the percentage increase in the medical 

20 care component (or corresponding component) of the 

21 applicable consumer price index, published by the 

22 Bureau of Labor Statistics, for July of such pre23 ceding year to July preceding the year involved’’; 

24 (13) in section 1882(p)(11)(C)(ii), by striking 

25 ‘‘Consumer Price Index for all urban consumers (all 


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1 items; U.S. city average)’’ and inserting ‘‘applicable 

2 consumer price index’’; 

3 (14) in section 1886(h)(2)(D)(i), by inserting 

4 ‘‘applicable’’ before ‘‘consumer price index’’ each 

5 place it appears; 

6 (15) in section 1886(h)(2)(E)(vi)(II), by strik7 ing ‘‘for all urban consumers’’; and 

8 (16) in section 1886(h)(5)(B), by striking 

9 ‘‘Consumer Price Index for All Urban Consumers 

10 (United States city average), as published by the 

11 Secretary of Commerce’’ and inserting ‘‘applicable 

12 consumer price index’’. 

13 (b) DEFINITION OF APPLICABLE CONSUMER PRICE

14 INDEX.—Section 1861 of such Act (42 U.S.C. 1395x) is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘Applicable Consumer Price Index 

18 ‘‘(hhh) The term ‘applicable consumer price index’ 

19 means, in connection with any person affected by an ad20 justment to be made under this title based on such index, 

21 the Regional Consumer Price Index (as prescribed from 

22 time to time by the Bureau of Labor Statistics pursuant 

23 to section 2(c) of the COLA Fairness Act of 2009) for 

24 the region in which such person resides (in the case of 

25 an individual) or maintains principal offices (in any other 


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1 case) at the time the adjustment takes effect. The Sec2 retary of Health and Human Services shall prescribe by 

3 regulation, in connection with each requirement for an ad4 justment under this title based on a Regional Consumer 

5 Price Index, the manner in which such adjustment is to 

6 be determined to affect particular persons for purposes of 

7 this subsection.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply with respect to determinations 

10 made for periods ending after December 31 of the second 

11 calendar year following the calendar year in which this Act 

12 was enacted. 

Æ 


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