II 118th CONGRESS 1st Session S. 3316 IN THE SENATE OF THE UNITED STATES November 15, 2023 Mr. Lee 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 allow disabled individuals with incurable terminal illnesses listed on the Compassionate Allowance list to receive disability insurance benefits without a waiting period, to prohibit concurrent receipt of disability insurance benefits and unemployment insurance, and for other purposes.

1. Short title This Act may be cited as the Immediate Access for the Terminally Ill Act . 2. Option for disabled individuals with incurable terminal illnesses listed on the compassionate allowance list to receive disability insurance benefits without a waiting period (a) In general Section 223 of the Social Security Act ( 42 U.S.C. 423 ) is amended— (1) in subsection (a)(1), in the matter following subparagraph (E)— (A) by inserting and who files an application for disability insurance benefits during the period that begins on December 22, 2020, and ends on the date that is 1 year after the date of enactment of the Immediate Access for the Terminally Ill Act after amyotrophic lateral sclerosis ; and (B) by striking , or (iii) and inserting , (iii) in the case of an individual who makes an election under subsection (k), for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iv) ; and (2) by adding at the end the following new subsection: (k) Option for disabled individuals with terminal illnesses To receive disability insurance benefits without a waiting period (1) In general An individual who is entitled to a disability insurance benefit and has been diagnosed with a medical condition or disease that is included in the most recent list published by the Commissioner of Social Security under paragraph (2) may elect to receive such benefit beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such benefit. (2) Publication of list Not later than 6 months after the date of enactment of this subsection, and every 5 years thereafter, the Commissioner of Social Security shall, through a formal rulemaking process in accordance with sections 556 and 557 of title 5, United States Code, publish a list of medical conditions and diseases— (A) which are included in the most recent list of Compassionate Allowance Conditions published by the Social Security Administration; (B) for which the average life expectancy for all individuals diagnosed with such condition or disease does not exceed 5 years from the date of diagnosis; and (C) for which there is no known cure. (3) Reduction in benefit amount If an individual described in paragraph (1) elects to receive a disability insurance benefit beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such benefit, the amount of such benefit for any month shall be equal to 93 percent of the amount otherwise determined for the individual under subsection (a)(2) (after the application of sections 202(q) and 215(b)(2)(A)(ii)). (4) Timing and effect of election An individual may only make an election under this subsection at the time the individual files an application for a disability insurance benefit under subsection (b), and any election under this subsection shall be irrevocable. . (b) Conforming amendments Section 223(a)(2) of the Social Security Act ( 42 U.S.C. 423(a)(2) ) is amended— (1) by striking section 202(q) and and inserting subsection (k)(3), section 202(q), and ; and (2) in subparagraph (B), by striking clause (ii) of paragraph (1) and inserting clause (ii), (iii), or (iv) of the matter following subparagraph (E) of paragraph (1) . (c) Effective date The amendments made by this section shall apply with respect to applications for disability insurance benefits filed on or after the date that is 6 months after the date of enactment of this Act. 3. Congressional approval required for additions to compassionate allowance conditions list Section 223(k) of the Social Security Act ( 42 U.S.C. 423(k) ) (as added by section 2 of this Act), is amended by adding at the end the following: (5) Congressional approval required for additions to compassionate allowance conditions list Beginning on the date of enactment of this subsection, no disease or medical condition may be added to the list of Compassionate Allowance Conditions published by the Social Security Administration unless there is enacted into law a bill or joint resolution approving such addition. . 4. Prohibition on payment of social security disability benefits based on receipt of unemployment compensation (a) In general Title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended by inserting after section 224 the following new section: 224A. Prohibition on payment of benefits based on receipt of unemployment compensation (a) If for any month prior to the month in which an individual attains retirement age (as defined in section 216(l)(1))— (1) such individual is entitled to benefits under section 223, and (2) such individual is entitled for such month to unemployment compensation, the total of the individual's benefits under section 223 for such month and of any benefits under subsections (b) through (h) of section 202 for such month based on the individual's wages and self-employment income shall be reduced to zero. (b) (1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Commissioner may require for purposes of making a timely determination under this section for reduction of benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section. (2) The Commissioner is authorized to enter into agreements with States, political subdivisions, and other organizations that administer unemployment compensation, in order to obtain such information as the Commissioner may require to carry out the provisions of this section. (3) Any determination by the Commissioner pursuant to this section shall be subject to the requirements described in section 205(b)(1), including provision of reasonable notice and opportunity for a hearing. (c) For purposes of this section, the term unemployment compensation has the meaning given that term in section 85(b) of the Internal Revenue Code of 1986. . 5. Increasing the overpayment collection threshold for old-age, survivors, and disability insurance benefits (a) In general Section 204(a)(1)(A) of the Social Security Act ( 42 U.S.C. 404(a)(1)(A) ) is amended— (1) by striking With respect to and ‘inserting (i) Subject to clause (ii), with respect to ; and (2) by adding at the end the following new clause: (ii) For purposes of clause (i), if the Commissioner of Social Security determines that decreasing a payment under this title to an individual by 100 percent would defeat the purpose of this title, the Commissioner may decrease such payment by a smaller amount, provided that such smaller amount is not less than 10 percent of the amount of such payment. .