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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4532 Enrolled Bill (ENR)]

        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 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 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.
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