# Hiring Incentives to Restore Employment Act/Division A/Title III
## TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS
### CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

DEPARTMENT OF AGRICULTURE General Provision, This Chapter
RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT
    Sec. 3101. (a) In General- To the extent permitted by the Constitution, and notwithstanding any other period of limitations, in the case of an eligible complaint alleging discrimination in violation of the Equal Credit Opportunity Act (15 U.S.C. 1691) involving a credit program of the Department of Agriculture, a complainant may, before the end of the filing period--
       (1) file a civil action under subsection (c); or
       (2) request administrative review under subsection (d).
    (b) Eligible Complaint- For purposes of this section, the term `eligible complaint' means any written complaint--
       (1) that is not employment related;
       (2) that was filed with the Department of Agriculture after December 31, 1997, and before the earlier of--
          (A) 2 years after the date of the alleged violation of the Equal Credit Opportunity Act; and
          (B) the date of the enactment of this Act; and
       (3) with respect to which the complainant--
          (A) was not a party to the consent decree in the case entitled `Pigford v. Glickman', approved by the United States District Court for the District of Columbia on April 14, 1999; and
          (B) has not obtained relief from the Department of Agriculture or a court of competent jurisdiction.
    (c) Civil Action- A civil action may be filed under this subsection if, with respect to the eligible complaint, the complainant--
       (1) has not requested administrative review; or
       (2) has requested administrative review, and the Secretary, with respect to each request, has either--
          (A) issued a determination; or
          (B) failed to issue a determination by a date that is 180 days after the date such request was made.
    (d) Administrative Review- Administrative review may be requested under this subsection as follows:
       (1) DETERMINATION ON THE MERITS- A complainant may request a determination on the merits if the complainant, with respect to the eligible complaint, has not filed a civil action.
       (2) HEARING ON THE RECORD- A complainant may request a hearing on the record if the complainant, with respect to the eligible complaint--
          (A) has not filed a civil action;
          (B) has requested a determination on the merits, and the Secretary has not issued such determination by the issuance deadline in subsection (f)(2)(A); and
          (C) requests such hearing no later than 180 days after the issuance deadline in subsection (f)(2)(A).
    (e) Informal Resolution- Notwithstanding any other provision of this section, the Secretary may informally resolve an eligible complaint with a complainant.
    (f) Special Rules for Administrative Review- For purposes of this section:
       (1) REQUESTS FOR ADMINISTRATIVE REVIEW- A request for administrative review shall be--
          (A) in writing; and
          (B) filed in accordance with procedures established by the Secretary.
       (2) RESPONSIBILITY OF SECRETARY- If a complainant requests a determination on the merits under subsection (d)(1), then, unless a complainant, with respect to the eligible complaint, files a civil action or requests a hearing on the record, the Secretary shall, with respect to the eligible complaint, take the following actions:
          (A) ISSUANCE OF DETERMINATION- The Secretary shall, not later than an issuance deadline that is 1 year after the date on which the complainant requests a determination on the merits--
             (i) investigate the eligible complaint; and
             (ii) issue a written determination.
          (B) NOTICE OF FAILURE TO ISSUE TIMELY DETERMINATION- If the Secretary does not issue a written determination by the issuance deadline in subparagraph (A), the Secretary shall promptly issue to the complainant, in writing and by registered mail, notice--
             (i) that the Secretary has not issued a timely determination; and
             (ii) of the period of time during which the complainant may bring a civil action or request a hearing on the record.
       (3) FINALITY OF DETERMINATION WITH RESPECT TO HEARING ON THE RECORD- A determination with respect to a hearing on the record shall be final.
       (4) JUDICIAL REVIEW OF ADMINISTRATIVE DETERMINATION- A determination on the merits or a determination with respect to a hearing on the record shall be subject to de novo review.
    (g) Filing Period-
       (1) IN GENERAL- For purposes of this section, the term `filing period' means the 2-year period beginning on the date of enactment of this Act.
       (2) TOLLING- The running of the filing period in paragraph (1), for the purpose of filing a civil action under subsection (c) or requesting a hearing on the record under subsection (d)(2), shall be tolled for the period that, with respect to the eligible complaint--
          (A) begins on the date of a request for a determination on the merits; and
          (B) ends on the date on which the Secretary issues a determination with respect to a determination on the merits or a hearing on the record.
    (h) Relief-
       (1) AMOUNT- Subject to paragraph (2), a complainant shall, under subsection (a), and may, under subsection (e), be awarded such relief as the complainant would be afforded under the Equal Credit Opportunity Act, including--
          (A) actual damages;
          (B) the costs of the action, together with a reasonable attorney's fee; and
          (C) debt relief, including--
             (i) write-downs or write-offs of the principal on a loan;
             (ii) write-downs or write-offs of the interest on a loan;
             (iii) reduction of the interest rate on a loan;
             (iv) waiver or reduction of penalties with respect to a loan; or
             (v) other modification of the terms of a loan.
       (2) LIMITATIONS ON RELIEF-
          (A) IN GENERAL- The total amount awarded under this section for all claims shall not exceed $100,000,000.
          (B) ACTUAL DAMAGES, COSTS, AND ATTORNEY'S FEES- The sum of the total amount awarded under paragraph (1)(A) for all claims, plus the total amount awarded under paragraph (1)(B) for all claims, shall not exceed $40,000,000.
          (C) DEBT RELIEF- The total amount awarded under paragraph (1)(C) for all claims shall not exceed $60,000,000.
       (3) EXEMPTION FROM TAXATION- Any award under clauses (ii), (iii), or (iv) of subparagraph (C) of paragraph (1) shall not be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1986.
             (i) Funding-
       (1) There is hereby appropriated to the Secretary, for relief awarded under subsection (h)(1), $100,000,000, to remain available until expended.
       (2) Of the funds derived from interest on the cushion of credit payments including funds in the current fiscal year, as authorized by section 313 of the Rural Electrification Act of 1936, an additional $100,000,000 shall not be obligated and an additional $100,000,000 are rescinded.
    (j) Secretary- For purposes of this section, the term `Secretary' means the Secretary of Agriculture.

### CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT

Small Business Administration
    For an additional amount for `Business Loans Program Account' for fee reductions and eliminations under section 501 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and for the cost of guaranteed loans under section 502 of such division, $354,000,000: Provided, That such cost shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That authority to guarantee loans under section 502 of division A of the American Recovery and Reinvestment Act of 2009 shall remain in effect through September 30, 2010, notwithstanding subsection (f) of such section.
General Provision, This Chapter
    Sec. 3201. The following funds are hereby rescinded from the following accounts and programs in the specified amounts:
       (1) `National Telecommunications and Information Administration--Digital-to-Analog Converter Box Program' in the Department of Commerce, $111,000,000.
       (2) `Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)' of the Department of Agriculture, $243,000,000, to be derived from unobligated balances available from amounts placed in reserve in title I of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115).

### CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

General Provisions, This Chapter
    Sec. 3301. (a)(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
          (A) by striking `December 31, 2009' each place it appears and inserting `June 30, 2010';
          (B) in the heading for subsection (b)(2), by striking `DECEMBER 31, 2009' and inserting `JUNE 30, 2010'; and
          (C) in subsection (b)(3), by striking `May 31, 2010' and inserting `November 30, 2010'.
       (2) Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended--
          (A) in paragraph (1)(B), by striking `January 1, 2010' and inserting `July 1, 2010';
          (B) in the heading for paragraph (2), by striking `JANUARY 1, 2010' and inserting `JULY 1, 2010'; and
          (C) in paragraph (3), by striking `June 30, 2010' and inserting `December 31, 2010'.
       (3) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
          (A) by striking `January 1, 2010' each place it appears and inserting `July 1, 2010'; and
          (B) in subsection (c), by striking `June 1, 2010' and inserting `December 1, 2010'.
       (4) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking `May 30, 2010' and inserting `November 30, 2010'.
    (b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking `by reason of' and all that follows and inserting the following: `by reason of--
                   `(A) the amendments made by section 2001(a) of the Assistance for Unemployed Workers and Struggling Families Act;
                   `(B) the amendments made by sections 2 through 4 of the Worker, Homeownership, and Business Assistance Act of 2009; and
                   `(C) the amendments made by section 3301(a)(1) of the Jobs for Main Street Act, 2010; and'.
EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS
    Sec. 3302. (a) Extension of Eligibility Period- Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking `December 31, 2009' and inserting `June 30, 2010'.
    (b) Extension of Maximum Duration of Assistance- Subsection (a)(2)(A)(ii)(I) of such section is amended by striking `9 months' and inserting `15 months'.
    (c) Rules Related to 2009 Extension- Subsection (a) of such section is further amended by adding at the end the following:
                `(16) RULES RELATED TO 2009 EXTENSION-
                   `(A) ELECTION TO PAY PREMIUMS RETROACTIVELY AND MAINTAIN COBRA COVERAGE- In the case of any premium for a period of coverage during an assistance eligible individual's transition period, such individual shall be treated for purposes of any COBRA continuation provision as having timely paid the amount of such premium if--
                      `(i) such individual was covered under the COBRA continuation coverage to which such premium relates for the period of coverage immediately preceding such transition period, and
                      `(ii) such individual pays, not later than 60 days after the date of the enactment of this paragraph (or, if later, 30 days after the date of provision of the notification required under subparagraph (D)(ii)), the amount of such premium, after the application of paragraph (1)(A).
                   `(B) REFUNDS AND CREDITS FOR RETROACTIVE PREMIUM ASSISTANCE ELIGIBILITY- In the case of an assistance eligible individual who pays, with respect to any period of COBRA continuation coverage during such individual's transition period, the premium amount for such coverage without regard to paragraph (1)(A), rules similar to the rules of paragraph (12)(E) shall apply.
                   `(C) TRANSITION PERIOD-
                      `(i) IN GENERAL- For purposes of this paragraph, the term `transition period' means, with respect to any assistance eligible individual, any period of coverage if--
                         `(I) such period begins before the date of the enactment of this paragraph, and
                         `(II) paragraph (1)(A) applies to such period by reason of the amendment made by section 3302(b) of the Jobs for Main Street Act, 2010.
                      `(ii) CONSTRUCTION- Any period during the period described in subclauses (I) and (II) of clause (i) for which the applicable premium has been paid pursuant to subparagraph (A) shall be treated as a period of coverage referred to in such paragraph, irrespective of any failure to timely pay the applicable premium (other than pursuant to subparagraph (A)) for such period.
                   `(D) NOTIFICATION-
                      `(i) IN GENERAL- In the case of an individual who was an assistance eligible individual at any time on or after October 31, 2009, or experiences a qualifying event (consisting of a reduction of hours or termination of employment) relating to COBRA continuation coverage on or after such date, the administrator of the group health plan (or other entity) involved shall provide an additional notification with information regarding the amendments made by the Jobs for Main Street Act, 2010 within 60 days after the date of the enactment of such Act or, in the case of a qualifying event occurring after such date of enactment, consistent with the timing of notifications under paragraph (7)(A).
                      `(ii) TO INDIVIDUALS WHO LOST ASSISTANCE- In the case of an assistance eligible individual described in subparagraph (A)(i) who did not timely pay the premium for any period of coverage during such individual's transition period or paid the premium for such period without regard to paragraph (1)(A), the administrator of the group health plan (or other entity) involved shall provide to such individual, within the first 60 days of such individual's transition period, an additional notification with information regarding the amendments made by the Jobs for Main Street Act, 2010, including information on the ability under subparagraph (A) to make retroactive premium payments with respect to the transition period of the individual in order to maintain COBRA continuation coverage.
                      `(iii) APPLICATION OF RULES- Rules similar to the rules of paragraph (7) shall apply with respect to notifications under this subparagraph.'.
    (d) Clarifications Relating to Section 3001 of ARRA-
       (1) CLARIFICATION THAT ELIGIBILITY AND NOTICE IS BASED ON TIMING OF QUALIFYING EVENT- Subsection (a) of such section is amended--
          (A) in paragraph (3)(A)--
             (i) by striking `at any time' and inserting `such qualified beneficiary is eligible for COBRA continuation coverage related to a qualifying event occurring'; and
             (ii) by striking `, such qualified beneficiary is eligible for COBRA continuation coverage'; and
          (B) in paragraph (7)(A), by striking `become entitled to elect COBRA continuation coverage' and inserting `have a qualifying event relating to COBRA continuation coverage'.
       (2) CLARIFICATION REGARDING RETIREE COVERAGE- Subsection (a)(2)(A)(i) of such section is amended by inserting `coverage under a retiree health plan,' after `other than'.
       (3) CLARIFICATION REGARDING COBRA CONTINUATION RESULTING FROM REDUCTIONS IN HOURS- Subsection (a) of such section is further amended--
          (A) in paragraph (3)(C), by inserting before the period at the end the following: `or consists of a reduction of hours followed by such an involuntary termination of employment during such period'; and
          (B) by adding at the end the following:
                `(17) SPECIAL RULES IN CASE OF INDIVIDUALS LOSING COVERAGE BECAUSE OF A REDUCTION OF HOURS-
                   `(A) NEW ELECTION PERIOD-
                      `(i) IN GENERAL- For the purposes of the COBRA continuation provisions, in the case of an individual described in subparagraph (C) who did not make (or who made and discontinued) an election of COBRA continuation coverage on the basis of the reduction of hours of employment, the involuntary termination of employment of such individual after the date of the enactment of the Jobs for Main Street Act, 2010, shall be treated as a qualifying event.
                      `(ii) COUNTING COBRA DURATION PERIOD FROM PREVIOUS QUALIFYING EVENT- In any case of an individual referred to in clause (i), the period of such individual's continuation coverage shall be determined as though the qualifying event were the reduction of hours of employment.
                      `(iii) CONSTRUCTION- Nothing in this paragraph shall be construed as requiring an individual referred to in clause (i) to make a payment for COBRA continuation coverage between the reduction of hours and the involuntary termination of employment.
                      `(iv) PREEXISTING CONDITIONS- With respect to an individual referred to in clause (i) who elects COBRA continuation coverage pursuant to such clause, rules similar to the rules in paragraph (4)(C) shall apply.
                   `(B) NOTICES- In the case of an individual described in subparagraph (C), the administrator of the group health plan (or other entity) involved shall provide, during the 60-day period beginning on the date of such individual's termination of employment, an additional notification described in paragraph (7)(A), including information on the provisions of this paragraph. Rules similar to the rules of paragraph (7) shall apply with respect to such notification.
                   `(C) INDIVIDUALS DESCRIBED- Individuals described in this subparagraph are individuals who are assistance eligible individuals on the basis of a qualifying event consisting of a reduction of hours occurring during the period described in paragraph (3)(A) followed by an involuntary termination of employment insofar as such termination of employment occurred after the date of the enactment of the Jobs for Main Street Act, 2010.'.
       (4) CLARIFICATION OF PERIOD OF ASSISTANCE- Subsection (a)(2)(A)(ii)(I) of such section is amended by striking `of the first month'.
       (5) ENFORCEMENT- Subsection (a)(5) of such section is amended by adding at the end the following: `In addition to civil actions that may be brought to enforce applicable provisions of such Act or other laws, the appropriate Secretary or an affected individual may bring a civil action to enforce such determinations and for appropriate relief. In addition, such Secretary may assess a penalty against a plan sponsor or health insurance issuer of not more than $110 per day for each failure to comply with such determination of such Secretary after 10 days after the date of the plan sponsor's or issuer's receipt of the determination.'.
       (6) AMENDMENTS RELATING TO SECTION 3001 OF ARRA-
          (A) Subsection (g) of section 35 of the Internal Revenue Code of 1986 is amended by striking `section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009' and inserting `section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009'.
          (B) Section 139C of such Code is amended by striking `section 3002 of the Health Insurance Assistance for the Unemployed Act of 2009' and inserting `section 3001 of title III of division B of the American Recovery and Reinvestment Act of 2009'.
          (C) Section 6432 of such Code is amended--
             (i) in subsection (a), by striking `section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009' and inserting `section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009';
             (ii) in subsection (c)(3), by striking `section 3002(a)(1)(A) of such Act' in subsection (c)(3) and inserting `section 3001(a)(1)(A) of title III of division B of the American Recovery and Reinvestment Act of 2009'; and
             (iii) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and inserting after subsection (d) the following new subsection:.
             `(e) Employer Determination of Qualifying Event as Involuntary Termination- For purposes of this section, in any case in which--
                `(1) based on a reasonable interpretation of section 3001(a)(3)(C) of division B of the American Recovery and Reinvestment Act of 2009 and administrative guidance thereunder, an employer determines that the qualifying event with respect to COBRA continuation coverage for an individual was involuntary termination of a covered employee's employment, and
                `(2) the employer maintains supporting documentation of the determination, including an attestation by the employer of involuntary termination with respect to the covered employee,
             the qualifying event for the individual shall be deemed to be involuntary termination of the covered employee's employment.'.
          (D) Subsection (a) of section 6720C of such Code is amended by striking `section 3002(a)(2)(C) of the Health Insurance Assistance for the Unemployed Act of 2009' and inserting `section 3001(a)(2)(C) of title III of division B of the American Recovery and Reinvestment Act of 2009'.
    (e) Effective Date- The amendments made by this section shall take effect as if included in the provisions of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 to which they relate, except that--
       (1) the amendments made by subsections (d)(2) and (d)(3) shall apply to periods of coverage beginning after the date of the enactment of this Act; and
       (2) the amendment made by subsection (d)(5) shall take effect on the date of the enactment of this Act.
EXTENSION OF RECOVERY ACT INCREASE IN FMAP
    Sec. 3303. Section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended--
       (1) in subsection (a)(3), by striking `first calendar quarter' and inserting `first 3 calendar quarters';
       (2) in subsection (b)(2), by inserting before the period at the end the following: `and such paragraph shall not apply to calendar quarters beginning on or after October 1, 2010';
       (3) in subsection (c)(4)(C)(ii), by striking `December 2009' and `January 2010' and inserting `June 2010' and `July 2010', respectively;
       (4) in subsection (d), by inserting `ending before October 1, 2010' after `entire fiscal years' and after `with respect to fiscal years';
       (5) in subsection (g)(1), by striking `September 30, 2011' and inserting `March 31, 2012'; and
       (6) in subsection (h)(3), by striking `December 31, 2010' and inserting `June 30, 2011'.
REPEAL OF EARNED INCOME THRESHOLD FOR DETERMINING REFUNDABLE PORTION OF CHILD TAX CREDIT
    Sec. 3304. (a) In General- Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows:
                      `(i) 15 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income, or'.
    (b) Conforming Amendments- Subsection (d) of section 24 of such Code is amended--
       (1) by striking paragraph (3), and
       (2) by striking paragraph (4).
    (c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2009.
    (d) Application of EGTRRA Sunset- The amendments made by subsection (a) and (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.
HHS POVERTY GUIDELINES
    Sec. 3305. Notwithstanding section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any other provision of law, the poverty line for 2010 issued by the Secretary of Health and Human Services under such section 673(2) shall be not lower than the poverty line so issued on January 23, 2009 (74 Fed. Reg. 14). This section shall have no effect on such Secretary's revision of the poverty line for 2011.
REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS
    Sec. 3306. (a) In General- Subchapter A of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
          `SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.
             `(a) In General- Notwithstanding any other provision of law, any refund (or advance payment with respect to a refundable credit) made to any individual under this title shall not be taken into account as income, and shall not be taken into account as resources for the month of receipt and the following 11 months, for purposes of determining the eligibility of such individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or under any State or local program financed in whole or in part with Federal funds.
             `(b) Termination- Subsection (a) shall not apply to any amount received after December 31, 2010.'.
    (b) Clerical Amendment- The table of sections for such subchapter is amended by adding at the end the following new item:
          `Sec. 6409. Refunds disregarded in the administration of Federal programs and Federally assisted programs.'.
    (c) Effective Date- The amendment made by this section shall apply to amounts received after December 31, 2009.
PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO TITLE XVI AND TO QUALIFIED NON-ATTORNEY REPRESENTATIVES
    Sec. 3307. (a) Permanent Extension of Attorney Fee Withholding Procedures to Title XVI-
       (1) IN GENERAL- Section 302 of the Social Security Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is amended--
          (A) in the section heading, by striking `temporary'; and
          (B) 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).
       (2) 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'.
    (b) Permanent Extension of Fee Withholding Procedures to Qualified Non-attorney Representatives-
       (1) 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).'.
       (2) CONFORMING AMENDMENTS-
          (A) Section 1631(d)(2)(A) of such Act (42 U.S.C. 1383(d)(2)(A)) is amended--
             (i) in clause (iv), by striking `and' at the end;
             (ii) in clause (v), by striking the period at the end and inserting `; and'; and
             (iii) 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'.'.
          (B) 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.
       (3) 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 paragraph (1)) and the amendments made by paragraph (2) not later than March 1, 2010.

### CHAPTER 4--GENERAL PROVISIONS, THIS TITLE

EMERGENCY DESIGNATIONS
    Sec. 3401. (a) In General- Each amount in this title is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
    (b) PAYGO- All applicable provisions in this title are designated as an emergency for purposes of pay-as-you-go principles.