[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1371 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1371

  To require the establishment of regional consumer price indices to 
compute cost-of-living increases under the programs for Social Security 
 and Medicare and other medical benefits under titles II and XVIII of 
                        the Social Security Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2009

  Mr. Weiner 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 regional consumer price indices to 
compute cost-of-living increases under the programs for Social Security 
 and Medicare and other medical benefits under titles II and XVIII of 
                        the Social Security Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COLA Fairness Act of 2009''.

SEC. 2. REGIONAL CONSUMER PRICE INDEX.

    (a) Recognition of Regions.--The Bureau of Labor Statistics of the 
Department of Labor shall establish and publish a mapping of the United 
States under which 14 regions are recognized comprising the United 
States. Each region shall include one of the cities listed in 
subsection (b).
    (b) Specified Cities.--The cities specified in this subsection are 
the following:
            (1) Atlanta, Georgia;
            (2) Boston, Massachusetts;
            (3) Chicago, Illinois;
            (4) Cleveland, Ohio;
            (5) Dallas, Texas;
            (6) Detroit, Michigan;
            (7) Philadelphia, Pennsylvania;
            (8) Houston, Texas;
            (9) Los Angeles, California;
            (10) Miami, Florida;
            (11) New York, New York;
            (12) San Francisco, California;
            (13) Seattle, Washington; and
            (14) Washington, District of Columbia.
    (c) Establishment of Regional Consumer Price Indices.--The Bureau 
shall establish and publish for each region recognized pursuant to 
subsection (a) a monthly index for the region, to be known as the 
``Regional Consumer Price Index'' for the region, that indicates 
changes over time in expenditures for consumption which are typical for 
individuals residing in the region.
    (d) Effective Date.--The preceding provisions of this section shall 
apply with respect to calendar months beginning on or after January 1, 
2010.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the provisions of 
this section.

SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES.

    (a) Amendments to Title II.--
            (1) In general.--Section 215(i) of the Social Security Act 
        (42 U.S.C. 415(i)) is amended--
                    (A) in paragraph (1)(G), by inserting before the 
                period the following: ``, and, with respect to an 
                individual who, at the time he initially becomes 
                eligible for old-age insurance benefits or disability 
                insurance benefits (or dies before initially becoming 
                so eligible), resides in a region of the United States 
                recognized by the Bureau of Labor Statistics pursuant 
                to section 2(a) of the COLA Fairness Act of 2009, the 
                applicable Consumer Price Index shall be deemed to be 
                the Regional Consumer Price Index for such region''; 
                and
                    (B) 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 COLA Fairness Act of 2009,''.
            (2) Conforming amendments relating to applicable former 
        law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is 
        amended by adding at the end the following new sentence: ``For 
        purposes of computing adjustments under this subsection as so 
        in effect, the applicable Consumer Price Index shall be deemed 
        to be the Regional Consumer Price Index for the region in which 
        such individual resides at the time he becomes eligible for 
        old-age insurance benefits or disability insurance benefits (or 
        dies before initially becoming so eligible).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to determinations made by the Commissioner of Social Security 
under section 215(i)(2) of the Social Security Act (42 U.S.C. 
415(i)(2)) 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.

SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 
1395 et seq.) is amended--
            (1) 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 COLA Fairness Act 
        of 2009 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 applicable consumer price index, published by the Bureau 
        of Labor Statistics, from March of such calendar year to the 
        fifth month of the accounting year'';
            (2) in section 1833(h)(2)(A)(i), by striking ``Consumer 
        Price Index for All Urban Consumers (United States city 
        average)'' and inserting ``applicable consumer price index'';
            (3) in section 1833(i)(2)(C)(i), by striking ``Consumer 
        Price Index for all urban consumers (U.S. city average)'' and 
        inserting ``applicable consumer price index'';
            (4) 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'';
            (5) in section 1834(h)(4)(A)(x), by striking ``consumer 
        price index for all urban consumers (United States city 
        average)'' and inserting ``applicable consumer price index'';
            (6) in section 1834(l)(3)(B), by striking ``consumer price 
        index for all urban consumers (U.S. city average)'' and 
        inserting ``applicable consumer price index'';
            (7) in section 1839(i)(5)(A)(ii), by striking ``Consumer 
        Price Index for all urban consumers (United States city 
        average)'' and inserting ``applicable consumer price index'';
            (8) in section 1842(o)(5)(C), by striking ``consumer price 
        index'' and inserting ``applicable consumer price index'';
            (9) in section 1842(s)(1), by striking ``consumer price 
        index for all urban consumers (United States city average)'' 
        and inserting ``applicable consumer price index'';
            (10) in subparagraphs (D)(ii) and (E)(i)(II) of section 
        1860D-14(a)(3), by striking ``consumer price index (all items; 
        U.S. city average)'' and inserting ``applicable consumer price 
        index'' each place it appears;
            (11) in section 1860D-14(a)(4)(A)(ii), by striking 
        ``consumer price index (all items; U.S. city average)'' and 
        inserting ``applicable consumer price index'';
            (12) in section 1869(b)(1)(E)(iii), by inserting ``(I) for 
        any such year ending before the second calendar year following 
        the calendar year in which the COLA Fairness Act of 2009 was 
        enacted,'' after ``shall be equal to'', and by inserting after 
        ``the year involved'' the following ``, and (II) for any such 
        year ending with or after such second calendar year, such 
        dollar amounts determined under subclause (I) for the year 
        preceding such second calendar year, increased by the 
        percentage increase in the medical care component (or 
        corresponding component) of the applicable consumer price 
        index, published by the Bureau of Labor Statistics, for July of 
        such preceding year to July preceding the year involved'';
            (13) in section 1882(p)(11)(C)(ii), by striking ``Consumer 
        Price Index for all urban consumers (all items; U.S. city 
        average)'' and inserting ``applicable consumer price index'';
            (14) in section 1886(h)(2)(D)(i), by inserting 
        ``applicable'' before ``consumer price index'' each place it 
        appears;
            (15) in section 1886(h)(2)(E)(vi)(II), by striking ``for 
        all urban consumers''; and
            (16) in section 1886(h)(5)(B), by striking ``Consumer Price 
        Index for All Urban Consumers (United States city average), as 
        published by the Secretary of Commerce'' and inserting 
        ``applicable consumer price index''.
    (b) Definition of Applicable Consumer Price Index.--Section 1861 of 
such Act (42 U.S.C. 1395x) is amended by adding at the end the 
following new subsection:

                   ``Applicable Consumer Price Index

    ``(hhh) The term `applicable consumer price index' means, in 
connection with any person affected by an adjustment to be made under 
this title based on such index, the Regional Consumer Price Index (as 
prescribed from time to time by the Bureau of Labor Statistics pursuant 
to section 2(c) of the COLA Fairness Act of 2009) for the region in 
which such person resides (in the case of an individual) or maintains 
principal offices (in any other case) at the time the adjustment takes 
effect. The Secretary of Health and Human Services shall prescribe by 
regulation, in connection with each requirement for an adjustment under 
this title based on a Regional Consumer Price Index, the manner in 
which such adjustment is to be determined to affect particular persons 
for purposes of this subsection.''.
    (c) Effective Date.--The amendments made by this section 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.
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