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. GRI-
JALVA, Mr. BOYLE of Pennsylvania, Ms. SCANLON, Ms. TITUS, Ms. PIN-
GREE, Ms. ROSS, Ms. OMAR, Mr. CROW, Mrs. BEATTY, Mr. KIM of New 
Jersey, Ms. MOORE of Wisconsin, Mr. LIEU, and Mr. BOWMAN) intro-
duced 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 sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair COLA for Seniors 
Act of 2023’’. 
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SEC. 2. COMPUTATION OF COST-OF-LIVING INCREASES 
BASED ON CONSUMER PRICE INDEX FOR EL-
DERLY CONSUMERS. 
(a) IN GENERAL.—Section 215(i)(1) of the Social Se-
curity Act (42 U.S.C. 415(i)(1)) is amended by adding 
at the end the following new subparagraph: 
‘‘(H) the term ‘Consumer Price Index’ means 
the Consumer Price Index for Elderly Consumers 
(CPI–E, as published by the Bureau of Labor Sta-
tistics of the Department of Labor).’’. 
(b) APPLICATION TO PRE-1979 LAW.— 
(1) IN GENERAL.—Section 215(i)(1) of the So-
cial Security Act as in effect in December 1978, and 
as applied in certain cases under the provisions of 
such Act as in effect after December 1978, is 
amended by adding at the end the following new 
subparagraph: 
‘‘(D) the term ‘Consumer Price Index’ means 
the Consumer Price Index for Elderly Consumers 
(CPI–E, as published by the Bureau of Labor Sta-
tistics of the Department of Labor).’’. 
(2) CONFORMING CHANGE.—Section 215(i)(4) 
of the Social Security Act (42 U.S.C. 415(i)(4)) is 
amended— 
(A) by striking ‘‘and by section 9001’’ and 
inserting ‘‘, section 9001’’; and 
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(B) by inserting ‘‘and section 2 of the Fair 
COLA for Seniors Act of 2023,’’ after ‘‘1986,’’. 
(c) PUBLICATION OF CONSUMER PRICE INDEX FOR 
ELDERLY CONSUMERS.—The Bureau of Labor Statistics 
of the Department of Labor shall prepare and publish the 
index authorized by section 191 of the Older Americans 
Amendments Act of 1987 (29 U.S.C. 2 note) for each cal-
endar month, beginning with the date of enactment of this 
Act, and such index shall be known as the ‘‘Consumer 
Price Index for Elderly Consumers’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to determinations made with re-
spect to cost-of-living computation quarters (as defined in 
section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 
415(i)(1)(B))) ending on or after September 30, 2023. 
SEC. 3. COST-OF-LIVING INCREASES FOR CERTAIN FED-
ERAL BENEFITS PROGRAMS BASED ON IN-
CREASES IN THE CONSUMER PRICE INDEX 
FOR THE ELDERLY. 
Notwithstanding any other provision of law, whenever 
benefit amounts under title II of the Social Security Act 
are increased by any percentage effective with any month 
as a result of a determination made under section 215(i) 
of such Act, the dollar amounts in effect for the payment 
of the following benefits, as such amounts were in effect 
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immediately before the increase of such benefit amounts, 
shall be increased by the same percentage: 
(1) An annuity under the Civil Service Retire-
ment System or the Federal Employees Retirement 
System. 
(2) Department of Veterans Affairs wartime 
disability compensation under section 1114 of title 
38, United States Code. 
(3) Department of Veterans Affairs additional 
compensation for dependents under section 1115(1) 
of such title. 
(4) The Department of Veterans Affairs cloth-
ing allowance under section 1162 of such title. 
(5) Department of Veterans Affairs dependency 
and indemnity compensation to surviving spouse 
under subsections (a) through (d) of section 1311 of 
such title. 
(6) Department of Veterans Affairs dependency 
and indemnity compensation to children under sec-
tions 1313(a) and 1314 of such title. 
(7) Military retirement and survivor benefit 
programs, as defined in section 1461(b) of title 10, 
United States Code. 
Æ 
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