H.R. 7104

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7104 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7104

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 15, 2026

Mrs. Harshbarger 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 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.

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 ``Immediate Access for the Terminally 
Ill Act''.

SEC. 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.

SEC. 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.''.

SEC. 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:

``prohibition on payment of benefits based on receipt of unemployment 
compensation

``Sec. 224A. (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.''.

SEC. 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.''.
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