Page:United States Statutes at Large Volume 118.djvu/552

 118 STAT. 522 PUBLIC LAW 108–203—MAR. 2, 2004 (b) STANDARDS FOR INCLUSION IN DEMONSTRATION PROJECT.— Fee withholding procedures may be extended under the demonstra tion project carried out pursuant to subsection (a) to any non attorney representative only if such representative meets at least the following prerequisites: (1) 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. (2) The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of the Social Security Act and the most recent developments in agency and court decisions affecting titles II and XVI of such Act. (3) 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. (4) The representative has undergone a criminal back ground check to ensure the representative’s fitness to practice before the Commissioner. (5) 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 entitle ment to, or eligibility for, benefits based on disability under titles II and XVI of such Act. Such continuing education, and the instructors providing such education, shall meet such stand ards as the Commissioner may prescribe. (c) ASSESSMENT OF FEES.— (1) IN GENERAL.—The Commissioner may assess represent atives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in subsection (b). (2) DISPOSITION OF FEES.—Fees collected under paragraph (1) 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 gen eral fund of the Treasury, based on such allocations as the Commissioner of Social Security determines appropriate. (3) AUTHORIZATION OF APPROPRIATIONS.—The fees author ized 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 admin istering the prerequisites described in subsection (b). (d) NOTICE TO CONGRESS AND APPLICABILITY OF FEE WITH HOLDING PROCEDURES.—Not later than 1 year after the date of enactment of this Act, the Commissioner shall complete such actions as are necessary to fully implement the requirements for full oper ation of the demonstration project and shall submit to each House of Congress a written notice of the completion of such actions. The applicability under this section to non attorney representatives of the fee withholding procedures and assessment procedures under sections 206 and 1631(d)(2) of the Social Security Act shall be effective with respect to fees for representation of claimants in the case of claims for benefits with respect to which the agreement Deadline.

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