II 

116TH CONGRESS 

1ST SESSION S. 1923 

To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security benefits 

under title II of the Social Security Act and to provide, in the case 

of elderly beneficiaries under such title, for an annual cost-of-living 

increase which is not less than 3 percent. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2019 

Mr. WHITEHOUSE introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To require the establishment of a Consumer Price Index 

for Elderly Consumers to compute cost-of-living increases 

for Social Security benefits under title II of the Social 

Security Act and to provide, in the case of elderly beneficiaries under such title, for an annual cost-of-living 

increase which is not less than 3 percent. 

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 ‘‘Guaranteed 3 Percent 

5 COLA for Seniors Act of 2019’’. 


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1 SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CON2 SUMERS. 

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

4 of the Department of Labor shall prepare and publish an 

5 index for each calendar month to be known as the ‘‘Con6 sumer Price Index for Elderly Consumers’’ that indicates 

7 changes over time in expenditures for consumption which 

8 are typical for individuals in the United States who are 

9 62 years of age or older. 

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

11 with respect to calendar months ending on or after July 

12 31 of the calendar year following the calendar year in 

13 which this Act is enacted. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out the provisions of this section. 

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

18 (a) IN GENERAL.—Section 215(i) of the Social Secu19 rity Act (42 U.S.C. 415(i)) is amended— 

20 (1) in paragraph (1)(G), by inserting before the 

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

22 any monthly insurance benefit payable under this 

23 title to an individual who has attained age 62, effec24 tive for adjustments under this subsection to the pri25 mary insurance amount on which such benefit is 

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


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1 228) occurring after such individual attains such 

2 age, the applicable Consumer Price Index shall be 

3 the Consumer Price Index for Elderly Consumers 

4 and such primary insurance amount shall be ad5 justed under this subsection using such Index’’; 

6 (2) in paragraph (2)(A)(ii), by adding at the 

7 end the following: ‘‘In the case of individuals re8 ferred to in subdivision (I) or (II) who have attained 

9 age 62, irrespective of whether the Commissioner 

10 makes a determination described in the first sen11 tence of this clause with respect to the base quarter 

12 in any year, effective for adjustments under this 

13 subsection to the primary insurance amount on 

14 which such individual’s monthly insurance benefit is 

15 based occurring after such individual attains such 

16 age (or to any such benefit under section 227 or 

17 228), the Commissioner shall, effective with the 

18 month of December of such year, increase benefit 

19 amounts and primary insurance amounts of such in20 dividuals under this clause as if such base quarter 

21 were a cost of living computation quarter and the 

22 applicable increase percentage with respect to such 

23 base quarter were equal to the greater of 3 percent 

24 or the applicable increase percentage (if any) with 

25 respect to such base quarter.’’; and 


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1 (3) in paragraph (4)— 

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

3 inserting ‘‘, by section 9001’’; and 

4 (B) by inserting after ‘‘1986,’’ the fol5 lowing: ‘‘and by section 3 of the Guaranteed 3 

6 Percent COLA for Seniors Act of 2019,’’. 

7 (b) CONFORMING AMENDMENTS IN APPLICABLE

8 FORMER LAW.—Section 215(i) of such Act, as in effect 

9 in December 1978 and applied in certain cases under the 

10 provisions of such Act in effect after December 1978, is 

11 amended— 

12 (1) in paragraph (1)(C), by inserting before the 

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

14 any monthly insurance benefit payable under this 

15 title to an individual who has attained age 62, effec16 tive for adjustments under this subsection to the pri17 mary insurance amount on which such benefit is 

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

19 228) occurring after such individual attains such 

20 age, the applicable Consumer Price Index shall be 

21 the Consumer Price Index for Elderly Consumers 

22 and such primary insurance amount shall be ad23 justed under this subsection using such Index’’; and 

24 (2) by adding at the end of paragraph 

25 (2)(A)(ii) the following: ‘‘In the case of individuals 


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1 referred to in the first sentence of this clause who 

2 have attained age 62, irrespective of whether the 

3 Commissioner makes a determination described in 

4 the first sentence of this clause with respect to the 

5 base quarter in any year, effective for adjustments 

6 under this subsection to the primary insurance 

7 amount on which such individual’s monthly insur8 ance benefit is based occurring after such individual 

9 attains such age (or to any such benefit under sec10 tion 227 or 228), the Commissioner shall, effective 

11 with the month of December of such year, increase 

12 benefit amounts and primary insurance amounts of 

13 such individuals under this clause as if such base 

14 quarter were a cost of living computation quarter 

15 and the percentage referred to in the first sentence 

16 of this clause with respect to such base quarter were 

17 equal to the greater of 3 percent or the percentage 

18 (if any) otherwise referred to in the first sentence of 

19 this clause with respect to such base quarter.’’. 

20 (c) PROTECTION OF BENEFITS SUBJECT TO THE

21 FAMILY MAXIMUM.—Section 203(a) of the Social Security 

22 Act (42 U.S.C. 403(a)) is amended by adding at the end 

23 the following new paragraph: 

24 ‘‘(11) In determining whether total monthly benefits 

25 based on any primary insurance amount exceed the 


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1 amount permitted under this subsection, the Commis2 sioner shall disregard the portion of any benefit otherwise 

3 payable to any beneficiary under this title which is attrib4 utable to so much of any increases in benefits which would 

5 not have occurred but for the application of the last sen6 tence of section 215(i)(2)(A)(ii) (or the last sentence of 

7 section 215(i)(2)(A)(ii) as in effect in December 1978 (as 

8 amended) and applied in certain cases under the provi9 sions of such Act in effect after December 1978).’’. 

10 (d) RULE OF CONSTRUCTION.—This section and the 

11 amendments made thereby shall not be construed as a 

12 general benefit increase for purposes of section 215(i) of 

13 the Social Security Act (and section 215(i) of such Act 

14 as in effect in December 1978 and applied in certain cases 

15 under the provisions of such Act in effect after December 

16 1978). 

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

18 this section shall apply to determinations made with re19 spect to base quarters ending on or after September 30 

20 of the second calendar year following the calendar year 

21 in which this Act is enacted. 

Æ 


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