[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3839 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3839

   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 SENATE OF THE UNITED STATES

                             August 3, 2006

   Mr. Dodd 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 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.
                                 <all>