SEC. 2. INCREASE IN MAXIMUM ALLOWABLE ATTORNEY
FEE AND CAP ON ATTORNEY ASSESSMENTS.
(a) MAXIMUM ALLOWABLE ATTORNEY FEE.—Sec-
tion 206(a)(2)(A) of the Social Security Act (42 U.S.C.
406(a)(2)(A)) is amended—
(1) in clause (ii)(II), by striking ‘‘$4,000’’ and
inserting ‘‘$5,200’’; and
(2) in the matter following clause (iii), by strik-
ing ‘‘January 1, 1991’’ and inserting ‘‘January 1,
2001’’.
(b) CAP
ON
ATTORNEY
ASSESSMENTS.—Section
206(d)(2)(A) of such Act (42 U.S.C. 406(d)(2)(A)) is
amended by inserting ‘‘, except that the maximum
amount of the assessment may not exceed $100’’ after
‘‘subparagraph (B)’’.
SEC. 3. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM
TO TITLE XVI CLAIMS.
Section 1631(d)(2) of the Social Security Act (42
U.S.C. 1383(d)(2)) is amended—
(1) in the matter in subparagraph (A) pre-
ceding clause (i)—
(A) by striking ‘‘section 206(a)’’ and in-
serting ‘‘section 206’’;
(B) by striking ‘‘(other than paragraph (4)
thereof)’’ and inserting ‘‘(other than sub-
sections (a)(4) and (d) thereof); and
(C) by striking ‘‘paragraph (2) thereof’’
and inserting ‘‘such section’’;
(2) in subparagraph (A)(i), by striking ‘‘in sub-
paragraphs (A)(ii)(I) and (C)(i),’’ and inserting ‘‘in
subparagraphs (A)(ii)(I) and (D)(i) of subsection
(a)(2) and in subsection (a)(4)’’, and by striking
‘‘and’’ at the end; and
(3) by striking subparagraph (A)(ii) and insert-
ing the following:
‘‘(ii) by substituting, in subsections (a)(2)(B)
and (b)(1)(B)(i), the phrase ‘section 1631(a)(7)(A)
or the requirements of due process of law’ for the
phrase ‘subsection (g) or (h) of section 223’;
‘‘(iii) by substituting, in subsection (a)(2)(C)(i),
the phrase ‘under title II’ for the phrase ‘under title
XVI’;
‘‘(iv) by substituting, in subsection (a)(4), the
phrase ‘shall pay’ for the phrase ‘shall, notwith-
standing section 205(i), certify for payment’; and
‘‘(v) by substituting, in subsection (b)(1)(A),
the phrase ‘pay the amount of such fee’ for the
phrase ‘certify the amount of such fee for payment’
and by striking, in subsection (b)(1)(A), the phrase
‘or certified for payment’; and
‘‘(vi) 
by 
substituting, 
in 
subsection
(b)(1)(B)(ii), the phrase ‘deemed to be such
amounts as determined before any applicable reduc-
tion under section 1631(g), and reduced by the
amount of any reduction in benefits under this title
or title II made pursuant to section 1127(a)’ for the
phrase ‘determined before any applicable reduction
under section 1127(a))’.’’;
(4) by redesignating subparagraph (B) as sub-
paragraph (D); and
(5) by inserting after subparagraph (A) the fol-
lowing new subparagraphs:
‘‘(B) Subject to subparagraph (C), if the claimant is
determined to be entitled to past-due benefits under this
title and the person representing the claimant is an attor-
ney, the Commissioner of Social Security shall pay out of
such past-due benefits (as determined before any applica-
ble reduction under section 1631(g), and reduced by the
amount of any reduction in benefits under this title or title
II made pursuant to section 1127(a)) to such attorney an
amount equal to so much of the maximum fee as does
not exceed 25 percent of such past-due benefits (as so de-
termined and so reduced).
‘‘(C)(i) Whenever a fee for services is required to be
certified for payment to an attorney from a claimant’s
past-due benefits pursuant to subparagraph (B), the Com-
missioner shall impose on the attorney an assessment cal-
culated in accordance with clause (ii).
‘‘(ii)(I) The amount of an assessment under clause
(i) shall be equal to the product obtained by multiplying
the amount of the representative’s fee that would be re-
quired to be so certified by subparagraph (B) before the
application of this subparagraph, by the percentage speci-
fied in subclause (II), except that the maximum amount
of the assessment may not exceed $100.
‘‘(II) The percentage specified in this subclause is
such percentage rate as the Commissioner determines is
necessary in order to achieve full recovery of the costs of
determining and approving fees to attorneys from the
past-due benefits of claimants, but not in excess of 6.3
percent.
‘‘(iii) The Commissioner may collect the assessment
imposed on an attorney under clause (i) by offset from
the amount of the fee otherwise required by subparagraph
(B) to be paid to the attorney from a claimant’s past-due
benefits.
‘‘(iv) An attorney subject to an assessment under
clause (i) may not, directly or indirectly, request or other-
wise obtain reimbursement for such assessment from the
claimant whose claim gave rise to the assessment.
‘‘(v) Assessments on attorneys collected under this
subparagraph shall be deposited in the Treasury in a sepa-
rate fund created for this purpose.
‘‘(vi) The assessments authorized under this subpara-
graph 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 author-
ized to remain available until expended, for administrative
expenses in carrying out this title and related laws.’’.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to fees for representation of claimants which are
first required to be certified or approved under section 206
or 1631(d)(2) of the Social Security Act after 180 days
after the date of the enactment of this Act.
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