109th CONGRESS
2d Session
H. R. 6304
To amend title II of the Social Security Act to provide that the
eligibility requirement for disability insurance benefits under which an
individual must have 20 quarters of Social Security coverage in the 40 quarters
preceding a disability shall not be applicable in the case of a disabled
individual suffering from a covered terminal disease.
IN THE HOUSE OF REPRESENTATIVES
September 29, 2006
Mr. SHAYS introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To amend title II of the Social Security Act to provide that the
eligibility requirement for disability insurance benefits under which an
individual must have 20 quarters of Social Security coverage in the 40 quarters
preceding a disability shall not be applicable in the case of a disabled
individual suffering from a covered terminal disease.
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 `Claire Collier Social Security Disability
Insurance Fairness Act'.
SEC. 2. EXCEPTION FROM 20/40 REQUIREMENT FOR DISABILITY INSURANCE BENEFITS
FOR INDIVIDUALS SUFFERING FROM A COVERED TERMINAL DISEASE.
(a) Exception From Recent Work Requirement-
(1) IN GENERAL- Section 223(c)(1) of the Social Security Act (42 U.S.C.
423(c)(1)) is amended in the flush matter following subparagraph (B)(iii)
by inserting `or suffering from a covered terminal disease' after `216(i)(1))'.
(2) CONFORMING AMENDMENT- Section 216(i)(3) of such Act (42 U.S.C. 416(i)(3))
is amended in the flush matter following subparagraph (B)(iii) by inserting
`or suffering from a covered terminal disease' after `paragraph (1))'.
(b) Definition of Covered Terminal Disease- Not later than 60 days after
the date of enactment of this Act, the Commissioner of Social Security shall
issue a proposed rule defining the term `covered terminal disease' for purposes
of sections 216(i)(3) and 223(c)(1) of the Social Security Act (as amended
by subsection (a)) that shall include (but not be limited to) those diseases
that are incurable, progressive, and terminal, including neurodegenerative
and neurological diseases that are likely to cause death within a 5-year
period of onset.
(c) Interim Final and Final Rules-
(1) INTERIM FINAL RULE- Not later than 90 days after the date of enactment
of this Act, the Commissioner of Social Security shall issue an interim
final rule defining the term `covered terminal disease' in accordance
with the requirements of subsection (b) and shall provide for a period
of public comments on such rule.
(2) FINAL RULE- Not later than 6 months after the date of enactment of
this Act, the Commissioner of Social Security shall issue a final rule
defining the term `covered terminal disease' in accordance with the requirements
of subsection (b) and consideration of any public comments received during
the period required under paragraph (1).
(d) Effective Date- The amendments made by subsection (a) shall take effect
on the date of enactment of this Act and shall apply to any applications
for disability insurance benefits under title II of the Social Security
Act that are pending or filed on or after that date.
END
