[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4532 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 4532

_______________________________________________________________________

                                 AN ACT


 
  To provide for permanent extension of the attorney fee withholding 
 procedures under title II of the Social Security Act to title XVI of 
  such Act, and to provide for permanent extension of such procedures 
     under titles II and XVI of such Act to qualified non-attorney 
                            representatives.

    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 ``Social Security Disability 
Applicants' Access to Professional Representation Act of 2010''.

SEC. 2. PERMANENT EXTENSION OF ATTORNEY FEE WITHHOLDING PROCEDURES TO 
              TITLE XVI.

    (a) In General.--Section 302 of the Social Security Protection Act 
of 2004 (Public Law 108-203; 118 Stat. 519) is amended--
            (1) in the section heading, by striking ``temporary''; and
            (2) in subsection (c), by striking ``Effective Date.--'' 
        and all that follows through ``The amendments'' and inserting 
        ``Effective Date.--The amendments'', and by striking paragraph 
        (2).
    (b) Clerical Amendment.--The item relating to section 302 in the 
table of contents in section 1(b) of such Act is amended by striking 
``Temporary extension'' and inserting ``Extension''.

SEC. 3. PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO QUALIFIED 
              NON-ATTORNEY REPRESENTATIVES.

    (a) In General.--Section 206 of the Social Security Act (42 U.S.C. 
406) is amended by adding at the end the following new subsection:
    ``(e)(1) The Commissioner shall provide for the extension of the 
fee withholding procedures and assessment procedures that apply under 
the preceding provisions of this section to agents and other persons, 
other than attorneys, who represent claimants under this title before 
the Commissioner.
    ``(2) Fee-withholding procedures may be extended under paragraph 
(1) to any nonattorney representative only if such representative meets 
at least the following prerequisites:
            ``(A) The representative has been awarded a bachelor's 
        degree from an accredited institution of higher education, or 
        has been determined by the Commissioner to have equivalent 
        qualifications derived from training and work experience.
            ``(B) The representative has passed an examination, written 
        and administered by the Commissioner, which tests knowledge of 
        the relevant provisions of this Act and the most recent 
        developments in agency and court decisions affecting this title 
        and title XVI.
            ``(C) The representative has secured professional liability 
        insurance, or equivalent insurance, which the Commissioner has 
        determined to be adequate to protect claimants in the event of 
        malpractice by the representative.
            ``(D) The representative has undergone a criminal 
        background check to ensure the representative's fitness to 
        practice before the Commissioner.
            ``(E) The representative demonstrates ongoing completion of 
        qualified courses of continuing education, including education 
        regarding ethics and professional conduct, which are designed 
        to enhance professional knowledge in matters related to 
        entitlement to, or eligibility for, benefits based on 
        disability under this title and title XVI. Such continuing 
        education, and the instructors providing such education, shall 
        meet such standards as the Commissioner may prescribe.
    ``(3)(A) The Commissioner may assess representatives reasonable 
fees to cover the cost to the Social Security Administration of 
administering the prerequisites described in paragraph (2).
    ``(B) Fees collected under subparagraph (A) shall be credited to 
the Federal Old-Age and Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund, or deposited as miscellaneous receipts 
in the general fund of the Treasury, based on such allocations as the 
Commissioner determines appropriate.
    ``(C) The fees authorized under this paragraph shall be collected 
and available for obligation only to the extent and in the amount 
provided in advance in appropriations Acts. Amounts so appropriated are 
authorized to remain available until expended for administering the 
prerequisites described in paragraph (2).''.
    (b) Conforming Amendments.--
            (1) Section 1631(d)(2)(A) of such Act (42 U.S.C. 
        1383(d)(2)(A)) is amended--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(vi) by substituting, in subsection (e)(1)--
                            ``(I) `subparagraphs (B) and (C) of section 
                        1631(d)(2)' for `the preceding provisions of 
                        this section'; and
                            ``(II) `title XVI' for `this title'.''.
            (2) Section 303(e)(2) of the Social Security Protection Act 
        of 2004 (Public Law 108-203; 118 Stat. 523) is amended by 
        striking ``and final report'' in the heading and by striking 
        the last sentence.
    (c) Effective Date.--The Commissioner of Social Security shall 
provide for full implementation of the provisions of section 206(e) of 
the Social Security Act (as added by subsection (a)) and the amendments 
made by subsection (b) not later than March 1, 2010.

            Passed the House of Representatives February 4, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 4532

_______________________________________________________________________

                                 AN ACT

  To provide for permanent extension of the attorney fee withholding 
 procedures under title II of the Social Security Act to title XVI of 
  such Act, and to provide for permanent extension of such procedures 
     under titles II and XVI of such Act to qualified non-attorney 
                            representatives.