H. R. 4532 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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 
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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) 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 
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the amendments made by subsection (b) not later than March 

1, 2010. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.