    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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

    [[Page 39]]

    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

    [[Page 40]]

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

    Approved February 27, 2010.

    LEGISLATIVE HISTORY--H.R. 4532:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Feb. 3, 4, considered and passed House.
    Feb. 22, considered and passed Senate.