I 

114TH CONGRESS 

2D SESSION H. R. 5342 

To amend title II of the Social Security Act to provide a midyear costof-living increase to account for the lack of an automatic increase for 

2016, to apply the Consumer Price Index for the Elderly (CPI–E) 

to future Social Security COLAs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2016 

Mr. NOLAN introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committee on 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 

A BILL 

To amend title II of the Social Security Act to provide 

a midyear cost-of-living increase to account for the lack 

of an automatic increase for 2016, to apply the Consumer Price Index for the Elderly (CPI–E) to future 

Social Security COLAs, and for other purposes. 

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 2016’’. 


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1 SEC. 2. ONE-TIME COST-OF-LIVING (COLA) INCREASE FOR 

2 CALENDAR YEAR 2016. 

3 (a) 3.9% COLA PROVIDED TO MATCH RECENT

4 GROWTH IN CEO PAY.—Effective with the month of June 

5 2016, the Commissioner of Social Security shall increase 

6 each of the amounts described in subclauses (I) through 

7 (III) of section 215(i)(2)(A)(ii) of the Social Security Act 

8 by 3.9 percent. 

9 (b) NO EFFECT ON ANNUAL COST-OF-LIVING IN10 CREASES.—For purposes of applying subparagraphs (A) 

11 and (B) of section 215(i)(1) of the Social Security Act 

12 in calendar years 2016 and 2017, the increase under sub13 section (a) shall not be considered a general benefit in14 crease under title II of the Social Security Act. 

15 SEC. 3. CONSUMER PRICE INDEX FOR ELDERLY CON16 SUMERS. 

17 (a) IN GENERAL.—Section 215(i)(1) of the Social Se18 curity Act (42 U.S.C. 415(i)(1)) is amended by adding 

19 at the end the following new subparagraph: 

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

21 the Consumer Price Index for Elderly Consumers 

22 (CPI–E, as published by the Bureau of Labor Sta23 tistics of the Department of Labor).’’. 

24 (b) APPLICATION TO PRE-1979 LAW.— 

25 (1) IN GENERAL.—Section 215(i)(1) of the So26 cial Security Act as in effect in December 1978, and 


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1 as applied in certain cases under the provisions of 

2 such Act as in effect after December 1978, is 

3 amended by adding at the end the following new 

4 subparagraph: 

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

6 the Consumer Price Index for Elderly Consumers 

7 (CPI–E, as published by the Bureau of Labor Sta8 tistics of the Department of Labor).’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 215(i)(4) of the Social Security Act (42 U.S.C. 

11 415(i)(4)), as amended by section 2(a)(3) of this 

12 Act, is further amended by striking ‘‘section 2’’ and 

13 inserting ‘‘sections 2 and 3’’. 

14 (c) NO EFFECT ON ADJUSTMENTS UNDER OTHER

15 LAWS.—Section 215(i) of the Social Security Act (42 

16 U.S.C. 415(i)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(6) Any provision of law (other than in this title, 

19 title VIII, or title XVI) which provides for adjustment of 

20 an amount based on a change in benefit amounts resulting 

21 from a determination made under this subsection shall be 

22 applied and administered without regard to the amend23 ments made by section 3 of the Fair COLA for Seniors 

24 Act of 2016.’’. 


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1 (d) PUBLICATION OF CONSUMER PRICE INDEX FOR

2 ELDERLY CONSUMERS.—The Bureau of Labor Statistics 

3 of the Department of Labor shall prepare and publish the 

4 index authorized by section 191 of the Older Americans 

5 Amendments Act of 1987 (29 U.S.C. 2 note) for each cal6 endar month, beginning with July of the calendar year fol7 lowing the calendar year in which this Act is enacted, and 

8 such index shall be known as the ‘‘Consumer Price Index 

9 for Elderly Consumers’’. 

10 (e) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply with respect to determinations 

12 made under section 215(i)(2)(A)(i) of the Social Security 

13 Act with respect to base quarters occurring in 2016 or 

14 later. 

Æ 


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