; or (ii) the Commissioner has failed to observe procedures required by law in connection with the closure, consolidation, or new limitation on access. (5) The requirement of this paragraph is met in connection with a closure, consolidation, or limitation on access referred to in paragraph (1) only if such closure, consolidation, or limitation on access will not result in the total number of field or hearing offices of the Administration falling below the total number of such offices that were in operation on September 30, 2022. (6) Paragraph (1) shall not apply with respect to any temporary action by the Commissioner to close or otherwise limit access to field or hearing offices in response to an emergency. . (2) Effective date The amendment made by paragraph (1) of this subsection shall apply with respect to closures and consolidations of field or hearing offices and impositions of new limitations on access to such offices occurring after the cessation of the moratorium under subsection (a) of this section. 303. Ensuring access to professional representation (a) In general Section 206(a)(2)(A) of the Social Security Act ( 42 U.S.C. 406(a)(2)(A) ) is amended by striking The Commissioner of Social Security shall and all that follows through the end and inserting the following: Notwithstanding the previous sentence, in the case of an agreement described in this subparagraph entered into on or after the date of enactment of the Social Security 2100 Act , there shall be substituted for the dollar amount specified in clause (ii)(II) an amount equal to such dollar amount (as increased pursuant to the previous sentence) in effect for the calendar year preceding such calendar year or, if larger, the product (rounded to the nearest dollar) of $4,000 and the ratio of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding such calendar year to the national average wage index (as so defined) for 1989. Not later than November 1 of each calendar year after 2022, the