[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4532 Received in Senate (RDS)]
111th CONGRESS
2d Session
H. R. 4532
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9 (legislative day, February 8), 2010
Received
_______________________________________________________________________
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:
LORRAINE C. MILLER,
Clerk.