118 STAT. 521 PUBLIC LAW 108–203—MAR. 2, 2004 ‘‘(iv) An attorney subject to an assessment under clause (i) may not, directly or indirectly, request or otherwise obtain reimbursement for such assessment from the claimant whose claim gave rise to the assessment. ‘‘(v) Assessments on attorneys collected under this subpara graph shall be deposited as miscellaneous receipts in the general fund of the Treasury. ‘‘(vi) The assessments authorized under this subparagraph 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 administrative expenses in carrying out this title and related laws.’’. (b) CONFORMING AMENDMENTS.—Section 1631(a) of the Social Security Act (42 U.S.C. 1383(a)) is amended— (1) in paragraph (2)(F)(i)(II), by inserting ‘‘and payment of attorney fees under subsection (d)(2)(B)’’ after ‘‘subsection (g)’’; and (2) in paragraph (10)(A)— (A) in the matter preceding clause (i), by inserting ‘‘and payment of attorney fees under subsection (d)(2)(B)’’ after ‘‘subsection (g)’’; and (B) in the matter following clause (ii), by inserting ‘‘and payment of attorney fees under subsection (d)(2)(B)’’ after ‘‘State’’. (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply with respect to fees for representation of claimants which are first required to be paid under section 1631(d)(2) of the Social Security Act on or after the date of the submission by the Commissioner of Social Security to each House of Con gress pursuant to section 303(d) of this Act of written notice of completion of full implementation of the requirements for operation of the demonstration project under section 303 of this Act. (2) SUNSET.—Such amendments shall not apply with respect to fees for representation of claimants in the case of any claim for benefits with respect to which the agreement for representation is entered into after 5 years after the date described in paragraph (1). SEC. 303. NATIONWIDE DEMONSTRATION PROJECT PROVIDING FOR EXTENSION OF FEE WITHHOLDING PROCEDURES TO NON ATTORNEY REPRESENTATIVES. (a) IN GENERAL.—The Commissioner of Social Security (here after in this section referred to as the ‘‘Commissioner’’) shall develop and carry out a nationwide demonstration project under this section with respect to agents and other persons, other than attorneys, who represent claimants under titles II and XVI of the Social Security Act before the Commissioner. The demonstration project shall be designed to determine the potential results of extending to such representatives the fee withholding procedures and assess ment procedures that apply under sections 206 and section 1631(d)(2) of such Act to attorneys seeking direct payment out of past due benefits under such titles and shall include an analysis of the effect of such extension on claimants and program administra tion. 42 USC 406 note. Applicability. Notice. 42 USC 1383 note.
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