I
111th CONGRESS
1st Session
H. R. 2365
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.
Short title
This Act may be cited as the
Consumer Price Index for Elderly
Consumers Act of 2009
.
Consumer Price Index for Elderly Consumers
In general
The Bureau of Labor Statistics of the Department of Labor
shall prepare and publish an index for each calendar month to be known as the
Consumer Price Index for Elderly Consumers
that indicates
changes over time in expenditures for consumption which are typical for
individuals in the United States who are 62 years of age or older.
Effective date
Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section.
Computation of cost-of-living increases
Amendments to title II
In general
Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended—
in paragraph
(1)(G), by inserting before the period the following: , and, solely with
respect to any monthly insurance benefit payable under this title to an
individual who has attained age 62, effective for adjustments under this
subsection to the primary insurance amount on which such benefit is based (or
to any such benefit under section 227 or 228) occurring after such individual
attains such age, the applicable Consumer Price Index shall be deemed to be the
Consumer Price Index for Elderly Consumers and such primary insurance amount
shall be deemed adjusted under this subsection using such Index
;
and
in paragraph (4),
by striking and by section 9001
and inserting , by
section 9001
, and by inserting after 1986,
the
following: and by section 3(a) of the Consumer Price Index for Elderly
Consumers Act,
.
Conforming amendments in applicable former law
Section 215(i)(1)(C) of such
Act, as in effect in December 1978 and applied in certain cases under the
provisions of such Act in effect after December 1978, is amended by inserting
before the period the following: , and, solely with respect to any
monthly insurance benefit payable under this title to an individual who has
attained age 62, effective for adjustments under this subsection to the primary
insurance amount on which such benefit is based (or to any such benefit under
section 227 or 228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the Consumer Price Index
for Elderly Consumers and such primary insurance amount shall be deemed
adjusted under this subsection using such Index
.
Effective date
The amendments made by paragraph (1) shall apply to determinations made with respect to cost-of-living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted.
Amendments to Title XVIII
In general
Title XVIII of such Act (42 U.S.C. 1395 et seq.) is amended—
in section
1814(i)(2)(B), by inserting (i) for accounting years ending before
October 1 of the second calendar year following the calendar year in which the
Consumer Price Index for Elderly Consumers Act was enacted,
after
for a year is
, and by inserting after fifth month of the
accounting year
the following: , and (ii) for accounting years
ending after October 1 of such calendar year, the cap amount determined under
clause (i) for the last accounting year referred to in such clause, increased
or decreased by the same percentage as the percentage increase or decrease,
respectively, in the medical care expenditure category (or corresponding
category) of the Consumer Price Index for Elderly Consumers, published by the
Bureau of Labor Statistics, from March of such calendar year to the fifth month
of the accounting year
;
in section
1821(c)(2)(C)(ii)(II), by striking consumer price index for all urban
consumers (all items; United States city average)
and inserting
Consumer Price Index for Elderly Consumers
;
in section
1833(h)(2)(A)(i), by striking Consumer Price Index for All Urban
Consumers (United States city average)
and inserting Consumer
Price Index for Elderly Consumers
;
in section
1833(i)(2)(C)(i), by striking Consumer Price Index for all urban
consumers (U.S. city average)
and inserting Consumer Price Index
for Elderly Consumers
;
in each of
subparagraphs (K), (L), and (M) of section 1834(a)(14), by striking
consumer price index for all urban consumers (U.S. urban
average)
and inserting applicable consumer price
index
;
in section
1834(h)(4)(A)(x), by striking consumer price index for all urban
consumers (United States city average)
and inserting Consumer
Price Index for Elderly Consumers
;
in section
1834(l)(3)(B), by striking consumer price index for all urban consumers
(U.S. city average)
and inserting Consumer Price Index for
Elderly Consumers
;
in section
1839(i)(5)(A)(ii), by striking Consumer Price Index (United States city
average)
and inserting Consumer Price Index for Elderly
Consumers
;
in section
1842(s)(1), by striking consumer price index for all urban consumers
(United States city average)
and inserting Consumer Price Index
for Elderly Consumers
;
in each of
subparagraphs (D)(ii) and (E)(i)(II) of section 1860D–14(a)(3) and in each of
clauses (i) and (ii) of section 1860D–14(a)(4)(A), by striking consumer
price index (all items; U.S. city average)
and inserting
Consumer Price Index for Elderly Consumers
;
in section
1882(p)(11)(C)(ii), by striking Consumer Price Index for all urban
consumers (all items; U.S. city average)
and inserting Consumer
Price Index for Elderly Consumers
;
in each of clauses
(iv) and (vi)(II) of section 1886(h)(2)(E), by striking for all urban
consumers
; and
in section
1886(h)(5)(B), by striking Consumer Price Index for All Urban Consumers
(United States city average)
and inserting Consumer Price Index
for Elderly Consumers
.
Effective date
The amendments made by paragraph (1) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.