HR6237-119

1. Short title This Act may be cited as the Repairing Social Security After Trump and DOGE Act.

2. Access to benefits in case of undue hardship In any case in which it is determined to the satisfaction of the Commissioner of Social Security that an individual failed as of any date to apply for monthly insurance benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) due to an undue hardship, such individual shall be deemed to have applied for such benefits on the later of— the date on which such individual suffered the undue hardship; or the date on which such individual met all requirements for entitlement to such benefits (other than application therefor). Beginning not later than 180 days after January 20, 2029, the Commissioner shall— take such actions as the Commissioner deems appropriate to identify individuals who failed as of any date to apply for a monthly insurance benefit as described in subsection (a); and establish a program through which individuals may notify the Commissioner that they failed as of any date to apply for such a benefit due to an undue hardship. In this section, the term undue hardship means, if occurring during the period beginning on January 20, 2025, and ending on January 19, 2029, an issue with obtaining a benefit under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) due to— changes in the operations of the Social Security Administration, including those resulting from actions taken by the United States DOGE Service (commonly referred to as the Department of Government Efficiency or DOGE), Special Government Employee Elon Musk, Trump Administration officials, or Social Security Administration employees or contractors; staffing issues, including shortages or changes that result in long telephone wait times, unanswered or disconnected calls, or an inability to schedule appointments; technical issues, such as issues with logging into Social Security websites (including through third-party systems such as Login.gov and ID.me) or website outages; operational issues, including changes that require internet access or transportation to appointments; being falsely declared dead, including being placed on the Social Security Death Master File and other records described in section 205(r) of the Social Security Act (42 U.S.C. 405(r)); confusion about Social Security rules due to misinformation, conflicting information, or lack of information; and other issues interfering with the ability of an individual to apply for or receive benefits, as determined appropriate by the Commissioner. In determining the month in which an individual became entitled to a benefit under section 223 of the Social Security Act (42 U.S.C. 423), in the case of an individual who failed to apply due to an undue hardship as described in subsection (a), the matter following paragraph (E) of such section shall be applied by substituting for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes so entitled to such insurance benefits and ending for (i) for each month beginning with the first month after his waiting period (as defined in subsection (c)(2)) in which he becomes so entitled to such insurance benefits, (ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, 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 (iii) for each month beginning with the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was entitled to disability insurance benefits which terminated, or had a period of disability (as defined in section 216(i)) which ceased, within the 60-month period preceding the first month in which he is under such disability, and ending. The preceding sentence shall only apply in relation to a period of disability (as defined in section 216(i) of such Act (42 U.S.C. 416(i))) of the individual that begins during the period beginning on January 20, 2025, and ending on January 20, 2029. Notwithstanding any other provision of law, any amount paid under titles II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) due to the application of this Act shall not be taken into account in determining the need or eligibility of any person for benefits or assistance, or the amount of such benefits or assistance, under any Federal, State, or local program financed in whole or in part with Federal funds.

3. GAO Report on DOGE and Trump Administration Actions Not later than 180 days of the enactment of this Act or July 30, 2029, whichever is later, the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate report detailing— the actions and changes implemented by the Social Security Administration between January 20, 2025, and January 20, 2029; the effect, including on beneficiaries and on customer service, of such actions and changes; and recommendations to repair the damage done as a result of such actions and changes.