II 118THCONGRESS 2 DSESSION S. 3974 To amend title II of the Social Security Act to require the Commissioner of Social Security to use the Consumer Price Index for Elderly Con- sumers for purposes of determining cost-of-living adjustments under titles II, VIII, and XVI of the Social Security Act, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH19, 2024 Mr. C ASEY(for himself, Mr. BLUMENTHAL, Mr. WELCH, Mr. FETTERMAN, Mrs. G ILLIBRAND, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to require the Commissioner of Social Security to use the Consumer Price Index for Elderly Consumers for purposes of deter- mining cost-of-living adjustments under titles II, VIII, and XVI of the Social Security Act, and for other pur- poses. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Boosting Benefits and 4 COLAs for Seniors Act’’. 5 VerDate Sep 11 2014 21:51 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3974.IS S3974 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 3974 IS SEC. 2. MORE ACCURATE COST-OF-LIVING ADJUSTMENT. 1 (a) I NGENERAL.— 2 (1) I N GENERAL.—Section 215(i)(1)(D) of the 3 Social Security Act (42 U.S.C. 415(i)(1)(D)) is 4 amended by striking ‘‘Consumer Price Index’’ and 5 all that follows through ‘‘such index’’ and inserting 6 ‘‘Consumer Price Index for Urban Wage Earners 7 and Clerical Workers (CPI–W, as published by the 8 Bureau of Labor Statistics of the Department of 9 Labor) or Consumer Price Index for Elderly Con-10 sumers (CPI–E, as published by such Bureau) 11 (whichever such index results in the higher percent-12 age under this subparagraph) exceeds the same such 13 index’’. 14 (2) C ONFORMING AMENDMENT .—Section 15 215(i)(1)(G) of the Social Security Act (42 U.S.C. 16 415(i)(1)(G)) is amended by inserting ‘‘applicable 17 for purposes of subparagraph (D)’’ after ‘‘Consumer 18 Price Index’’. 19 (b) A PPLICATION TOPRE-1979 LAW.— 20 (1) I N GENERAL.—Section 215(i) of the Social 21 Security Act as in effect in December 1978, and as 22 applied in certain cases under the provisions of such 23 Act as in effect after December 1978, is amended— 24 (A) in paragraph (1)(B), by striking ‘‘Con-25 sumer Price Index’’ and all that follows through 26 VerDate Sep 11 2014 21:51 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3974.IS S3974 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 3974 IS ‘‘such index’’ and inserting ‘‘Consumer Price 1 Index for Urban Wage Earners and Clerical 2 Workers (CPI–W, as published by the Bureau 3 of Labor Statistics of the Department of 4 Labor) or Consumer Price Index for Elderly 5 Consumers (CPI–E, as published by such Bu-6 reau of such Department) (whichever such 7 index results in the higher per centum under 8 this subparagraph) exceeds, by not less than 3 9 per centum, the same such Index’’; and 10 (B) in paragraph (2)— 11 (i) in subparagraph (A)(ii), by strik-12 ing ‘‘Consumer Price Index for such cost- 13 of-living computation quarter’’ and insert-14 ing ‘‘Consumer Price Index applicable for 15 such year under paragraph (1)(B)’’; and 16 (ii) in subparagraph (C)(i), by strik-17 ing ‘‘Consumer Price Index as published 18 for any month exceeds by 2.5 percent or 19 more the level of such index’’ and inserting 20 ‘‘Consumer Price Index for Urban Wage 21 Earners and Clerical Workers or Consumer 22 Price Index for Elderly Consumers as pub-23 lished for any month exceeds by 2.5 per-24 cent or more the level of such index’’. 25 VerDate Sep 11 2014 21:51 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3974.IS S3974 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 3974 IS (2) CONFORMING CHANGES .—Section 215(i)(4) 1 of the Social Security Act (42 U.S.C. 415(i)(4)) is 2 amended— 3 (A) by striking ‘‘and by section 9001’’ and 4 inserting ‘‘, section 9001’’; and 5 (B) by inserting ‘‘and section 2 of the 6 Boosting Benefits and COLAs for Seniors Act,’’ 7 after ‘‘1986,’’. 8 (c) N OEFFECT ONADJUSTMENTSUNDEROTHER 9 L AWS.—Section 215(i) of the Social Security Act (42 10 U.S.C. 415(i)) is amended by adding at the end the fol-11 lowing: 12 ‘‘(6) With respect to any provision of law (other than 13 in this title, title VIII, or title XVI) which provides for 14 an adjustment of an amount under such provision of law 15 in the same percentage as a cost-of-living adjustment ap-16 plied to benefit amounts under this title, such provision 17 of law shall be applied and administered as if the percent-18 age of such cost-of-living adjustment applied to benefit 19 amounts under this title were determined without regard 20 to the amendments made by subsections (a) and (b) of 21 section 2 of the Boosting Benefits and COLAs for Seniors 22 Act.’’. 23 (d) P UBLICATION OFCONSUMERPRICEINDEX FOR 24 E LDERLYCONSUMERS.—The Bureau of Labor Statistics 25 VerDate Sep 11 2014 21:51 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3974.IS S3974 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 3974 IS of the Department of Labor shall prepare and publish an 1 index for each calendar month to be known as the ‘‘Con-2 sumer Price Index for Elderly Consumers’’ that indicates 3 changes over time in expenditures for consumption which 4 are typical for individuals in the United States who have 5 attained age 62. 6 (e) T RANSITIONRULE.—Prior to the publication of 7 the Consumer Price Index for Elderly Consumers (CPI– 8 E) pursuant to subsection (d), the reference to such index 9 made in each of the amendments made by subsections (a) 10 and (b) shall be deemed to be a reference to the research 11 price index prepared by the Bureau of Labor Statistics 12 of the Department of Labor known as the Consumer Price 13 Index for Americans 62 years of age and older (R–CPI– 14 E). 15 (f) E FFECTIVEDATE.—The amendments made by 16 this section shall apply to determinations made with re-17 spect to cost-of-living computation quarters (as defined in 18 section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 19 415(i)(1)(B))) ending on or after September 30, 2024. 20 Æ VerDate Sep 11 2014 21:51 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3974.IS S3974 ssavage on LAPJG3WLY3PROD with BILLS