Page:United States Statutes at Large Volume 124.djvu/65

124 STAT. 39 PUBLIC LAW 111–142—FEB. 27, 2010 developments in agency and court decisions affecting this title and title XVI. ‘‘(C) 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. ‘‘(D) The representative has undergone a criminal back- ground check to ensure the representative’s fitness to practice before the Commissioner. ‘‘(E) 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 this title and title XVI. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe. ‘‘(3)(A) The Commissioner may assess representatives reason- able fees to cover the cost to the Social Security Administration of administering the prerequisites described in paragraph (2). ‘‘(B) Fees collected under subparagraph (A) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as mis- cellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner determines appropriate. ‘‘(C) The fees authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appro- priated are authorized to remain available until expended for administering the prerequisites described in paragraph (2).’’. (b) CONFORMING AMENDMENTS.— (1) Section 1631(d)(2)(A) of such Act (42 U.S.C. 1383(d)(2)(A)) is amended— (A) in clause (iv), by striking ‘‘and’’ at the end; (B) in clause (v), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following new clause: ‘‘(vi) by substituting, in subsection (e)(1)— ‘‘(I) ‘subparagraphs (B) and (C) of section 1631(d)(2)’ for ‘the preceding provisions of this section’; and ‘‘(II) ‘title XVI’ for ‘this title’.’’. (2) Section 303(e)(2) of the Social Security Protection Act of 2004 (Public Law 108–203; 118 Stat. 523) is amended by striking ‘‘AND FINAL REPORT’’ in the heading and by striking the last sentence. (c) EFFECTIVE DATE.—The Commissioner of Social Security shall provide for full implementation of the provisions of section 206(e) of the Social Security Act (as added by subsection (a)) and 42 USC 406 note. 42 USC 406 note.