124 STAT. 38 PUBLIC LAW 111–142—FEB. 27, 2010 Public Law 111–142 111th Congress 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 para- graph (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 para- graph (1) to any nonattorney representative only if such representa- tive 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 42 USC 1383 note. 42 USC 1305 note. Social Security Disability Applicants’ Access to Professional Representation Act of 2010. Feb. 27, 2010 [H.R. 4532]
