II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Claire Collier Social 

5 Security Disability Insurance Fairness Act’’. 


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•S 3839 IS

1 SEC. 2. EXCEPTION FROM 20/40 REQUIREMENT FOR DIS2 ABILITY INSURANCE BENEFITS FOR INDIVID3 UALS SUFFERING FROM A COVERED TER4 MINAL DISEASE. 

5 (a) EXCEPTION FROM RECENT WORK REQUIRE6 MENT.— 

7 (1) IN GENERAL.—Section 223(c)(1) of the So8 cial Security Act (42 U.S.C. 423(c)(1)) is amended 

9 in the flush matter following subparagraph (B)(iii) 

10 by inserting ‘‘or suffering from a covered terminal 

11 disease’’ after ‘‘216(i)(1))’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 216(i)(3) of such Act (42 U.S.C. 416(i)(3)) is 

14 amended in the flush matter following subparagraph 

15 (B)(iii) by inserting ‘‘or suffering from a covered 

16 terminal disease’’ after ‘‘paragraph (1))’’. 

17 (b) DEFINITION OF COVERED TERMINAL DISEASE.— 

18 Not later than 60 days after the date of enactment of this 

19 Act, the Commissioner of Social Security shall issue a pro20 posed rule defining the term ‘‘covered terminal disease’’ 

21 for purposes of sections 216(i)(3) and 223(c)(1) of the So22 cial Security Act (as amended by subsection (a)) that shall 

23 include (but not be limited to) those diseases that are in24 curable, progressive, and terminal, including 

25 neurodegenerative and neurological diseases that are likely 

26 to cause death within a 5-year period of onset. 


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•S 3839 IS

1 (c) INTERIM FINAL AND FINAL RULES.— 

2 (1) INTERIM FINAL RULE.—Not later than 90 

3 days after the date of enactment of this Act, the 

4 Commissioner of Social Security shall issue an in5 terim final rule defining the term ‘‘covered terminal 

6 disease’’ in accordance with the requirements of sub7 section (b) and shall provide for a period of public 

8 comments on such rule. 

9 (2) FINAL RULE.—Not later than 6 months 

10 after the date of enactment of this Act, the Commis11 sioner of Social Security shall issue a final rule de12 fining the term ‘‘covered terminal disease’’ in ac13 cordance with the requirements of subsection (b) 

14 and consideration of any public comments received 

15 during the period required under paragraph (1). 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on the date of enactment 

18 of this Act and shall apply to any applications for dis19 ability insurance benefits under title II of the Social Secu20 rity Act that are pending or filed on or after that date. 

Æ 


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