[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
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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.
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