I 
111TH CONGRESS 
2D SESSION 
H. R. 4532 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2010 
Mr. TANNER (for himself, Mr. MCDERMOTT, Mr. SAM JOHNSON of Texas, and 
Mr. LINDER) introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To provide for permanent extension of the attorney fee with-
holding procedures under title II of the Social Security 
Act to title XVI of such Act, and to provide for perma-
nent extension of such procedures under titles II and 
XVI of such Act to qualified non-attorney representa-
tives. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Security Dis-
ability Applicants’ Access to Professional Representation 
Act of 2010’’. 
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SEC. 2. PERMANENT EXTENSION OF ATTORNEY FEE WITH-
HOLDING 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 ‘‘TEM-
PORARY’’; and 
(2) in subsection (c), by striking ‘‘EFFECTIVE 
DATE.—’’ and all that follows through ‘‘The amend-
ments’’ 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 exten-
sion of the fee withholding procedures and assessment pro-
cedures that apply under the preceding provisions of this 
section to agents and other persons, other than attorneys, 
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who represent claimants under this title before the Com-
missioner. 
‘‘(2) Fee-withholding procedures may be extended 
under paragraph (1) to any nonattorney representative 
only if such representative meets at least the following pre-
requisites: 
‘‘(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 de-
rived from training and work experience. 
‘‘(B) The representative has passed an exam-
ination, written and administered by the Commis-
sioner, which tests knowledge of the relevant provi-
sions of this Act and the most recent developments 
in agency and court decisions affecting this title and 
title XVI. 
‘‘(C) The representative has secured profes-
sional liability insurance, or equivalent insurance, 
which the Commissioner has determined to be ade-
quate to protect claimants in the event of mal-
practice by the representative. 
‘‘(D) The representative has undergone a crimi-
nal background check to ensure the representative’s 
fitness to practice before the Commissioner. 
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‘‘(E) The representative demonstrates ongoing 
completion of qualified courses of continuing edu-
cation, including education regarding ethics and pro-
fessional conduct, which are designed to enhance 
professional knowledge in matters related to entitle-
ment to, or eligibility for, benefits based on disability 
under this title and title XVI. Such continuing edu-
cation, and the instructors providing such education, 
shall meet such standards as the Commissioner may 
prescribe. 
‘‘(3)(A) The Commissioner may assess representa-
tives reasonable fees to cover the cost to the Social Secu-
rity Administration of administering the prerequisites de-
scribed 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 
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available until expended for administering the pre-
requisites 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 pro-
visions 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 RE-
PORT’’ in the heading and by striking the last sen-
tence. 
(c) EFFECTIVE DATE.—The Commissioner of Social 
Security shall provide for full implementation of the provi-
sions of section 206(e) of the Social Security Act (as 
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added by subsection (a)) and the amendments made by 
subsection (b) not later than March 1, 2010. 
Æ 
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