118 STAT. 519 PUBLIC LAW 108–203—MAR. 2, 2004 TITLE III—ATTORNEY REPRESENTA TIVE FEE PAYMENT SYSTEM IM PROVEMENTS SEC. 301. CAP ON ATTORNEY ASSESSMENTS. (a) IN GENERAL.—Section 206(d)(2)(A) of the Social Security Act (42 U.S.C. 406(d)(2)(A)) is amended— (1) by inserting ‘‘, except that the maximum amount of the assessment may not exceed the greater of $75 or the adjusted amount as provided pursuant to the following two sentences’’ after ‘‘subparagraph (B)’’; and (2) by adding at the end the following: ‘‘In the case of any calendar year beginning after the amendments made by section 301 of the Social Security Protection Act of 2003 take effect, the dollar amount specified in the preceding sentence (including a previously adjusted amount) shall be adjusted annually under the procedures used to adjust benefit amounts under section 215(i)(2)(A)(ii), except such adjustment shall be based on the higher of $75 or the previously adjusted amount that would have been in effect for December of the preceding year, but for the rounding of such amount pursuant to the following sentence. Any amount so adjusted that is not a mul tiple of $1 shall be rounded to the next lowest multiple of $1, but in no case less than $75.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to fees for representation of claimants which are first required to be certified or paid under section 206 of the Social Security Act on or after the first day of the first month that begins after 180 days after the date of the enactment of this Act. SEC. 302. TEMPORARY EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE XVI CLAIMS. (a) IN GENERAL.—Section 1631(d)(2) of the Social Security Act (42 U.S.C. 1383(d)(2)) is amended— (1) in subparagraph (A), in the matter preceding clause (i)— (A) by striking ‘‘section 206(a)’’ and inserting ‘‘section 206’’; (B) by striking ‘‘(other than paragraph (4) thereof)’’ and inserting ‘‘(other than subsections (a)(4) and (d) thereof)’’; and (C) by striking ‘‘paragraph (2) thereof’’ and inserting ‘‘such section’’; (2) in subparagraph (A)(i)— (A) by striking ‘‘in subparagraphs (A)(ii)(I) and (C)(i),’’ and inserting ‘‘in subparagraphs (A)(ii)(I) and (D)(i) of sub section (a)(2)’’; and (B) by striking ‘‘and’’ at the end; (3) by striking subparagraph (A)(ii) and inserting the fol lowing: ‘‘(ii) by substituting, in subsections (a)(2)(B) and (b)(1)(B)(i), the phrase ‘paragraph (7)(A) or (8)(A) of section 1631(a) or the requirements of due process of law’ for the phrase ‘sub section (g) or (h) of section 223’; Applicability. 42 USC 406 note.
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