[111th Congress Public Law 142]
[From the U.S. Government Printing Office]



[[Page 37]]

     SOCIAL SECURITY DISABILITY APPLICANTS' ACCESS TO PROFESSIONAL 
                       REPRESENTATION ACT OF 2010

[[Page 124 STAT. 38]]

Public Law 111-142
111th Congress

                                 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. <<NOTE: Feb. 27, 2010 -  [H.R. 4532]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Social Security 
Disability Applicants' Access to Professional Representation Act of 
2010.>> 
SECTION 1. SHORT TITLE. <<NOTE: 42 USC 1305 note.>> 

    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) <<NOTE: 42 USC 1383 
note.>> 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

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        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) <<NOTE: 42 USC 406 
        note.>> is amended by striking ``and final report'' in the 
        heading and by striking the last sentence.

    (c) Effective <<NOTE: 42 USC 406 note.>> 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

[[Page 124 STAT. 40]]

the amendments made by subsection (b) not later than March 1, 2010.

    Approved February 27, 2010.

LEGISLATIVE HISTORY--H.R. 4532:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
            Feb. 3, 4, considered and passed House.
            Feb. 22, considered and passed Senate.

                                  <all>