§ 1011. Penalties for fraud

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Pub. L. 106–169 title II § 251(a) · 113 Stat. 1822

   Enacted · 42 U.S.C. § 1011

   Aug. 14, 1935, ch. 531, title VIII, § 811, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1852

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title VIII, § 811, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1852

   Enacted provision · exact public law section
   (a) In General.— The Social Security Act is amended by inserting after title VII the following new title: “TITLE VIII— SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS “TABLE OF CONTENTS “Sec. 801. Basic entitlement to benefits. “Sec. 802. Qualified individuals. “Sec. 803. Residence outside the United States. “Sec. 804. Disqualifications. “Sec. 805. Benefit amount. “Sec. 806. Applications and furnishing of information. “Sec. 807. Representative payees. “Sec. 808. Overpayments and underpayments. “Sec. 809. Hearings and review. “Sec. 810. Other administrative provisions. “Sec. 811. Penalties for fraud. “Sec. 812. Definitions. “Sec. 813. Appropriations. “SEC. 801. BASIC ENTITLEMENT TO BENEFITS. “Every individual who is a qualified individual under section 802 shall, in accordance with and subject to the provisions of this title, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is administratively feasible) the individual resides outside the United States. “SEC. 802. QUALIFIED INDIVIDUALS. “Except as otherwise provided in this title, an individual— “(1) who has attained the age of 65 on or before the date of the enactment of this title; “(2) who is a World War II veteran; “(3) who is eligible for a supplemental security income benefit under title XVI for— “(A) the month in which this title is enacted; and “(B) the month in which the individual files an application for benefits under this title; “(4) whose total benefit income is less than 75 percent of the Federal benefit rate under title XVI; “(5) who has filed an application for benefits under this title; and “(6) who is in compliance with all requirements imposed by the Commissioner of Social Security under this title, shall be a qualified individual for purposes of this title. “SEC. 803. RESIDENCE OUTSIDE THE UNITED STATES. “For purposes of section 801, with respect to any month, an individual shall be regarded as residing outside the United States if, on the first day of the month, the individual so resides outside the United States. “SEC. 804. DISQUALIFICATIONS. “(a) In General.— Notwithstanding section 802, an individual may not be a qualified individual for any month— “(1) that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 237(a) or 212(a)(6)(A) of the Immigration and Nationality Act and before the month in which the individual is lawfully admitted to the United States for permanent residence; “(2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; “(3) during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or “(4) during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under section 3329 of title 31, United States Code. “(b) Requirement for Attorney General.— For the purpose Notification. of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section 237(a) or 212(a)(6)(A) of the Immigration and Nationality Act. “SEC. 805. BENEFIT AMOUNT. “The benefit under this title payable to a qualified individual for any month shall be in an amount equal to 75 percent of the Federal benefit rate under title XVI for the month, reduced by the amount of the qualified individual’s benefit income for the month. “SEC. 806. APPLICATIONS AND FURNISHING OF INFORMATION. “(a) In General.— The Commissioner of Social Security shall, subject to subsection (b), prescribe such requirements with respect to the filing of applications, the furnishing of information and other material, and the reporting of events and changes in circumstances, as may be necessary for the effective and efficient administration of this title. “(b) Verification Requirement.— The requirements prescribed by the Commissioner of Social Security under subsection (a) shall preclude any determination of entitlement to benefits under this title solely on the basis of declarations by the individual concerning qualifications or other material facts, and shall provide for verification of material information from independent or collateral sources, and the procurement of additional information as necessary in order to ensure that the benefits are provided only to qualified individuals (or their representative payees) in correct amounts. “SEC. 807. REPRESENTATIVE PAYEES. “(a) In General.— If the Commissioner of Social Security determines that the interest of any qualified individual under this title would be served thereby, payment of the qualified individual’s benefit under this title may be made, regardless of the legal competency or incompetency of the qualified individual, either directly to the qualified individual, or for his or her benefit, to another person (the meaning of which term, for purposes of this section, includes an organization) with respect to whom the requirements of subsection (b) have been met (in this section referred to as the qualified individual’s ‘representative payee’). If the Commissioner of Social Security determines that a representative payee has misused any benefit paid to the representative payee pursuant to this section, section 205(j), or section 1631(a)(2), the Commissioner of Social Security shall promptly revoke the person’s designation as the qualified individual’s representative payee under this subsection, and shall make payment to an alternative representative payee or, if the interest of the qualified individual under this title would be served thereby, to the qualified individual. “(b) Examination of Fitness of Prospective Representative Payee.— “(1) Any determination under subsection (a) to pay the benefits of a qualified individual to a representative payee shall be made on the basis of— “(A) an investigation by the Commissioner of Social Security of the person to serve as representative payee, which shall be conducted in advance of the determination and shall, to the extent practicable, include a face-to-face interview with the person (or, in the case of an organization, a representative of the organization); and “(B) adequate evidence that the arrangement is in the interest of the qualified individual. “(2) As part of the investigation referred to in paragraph (1), the Commissioner of Social Security shall— “(A) require the person being investigated to submit documented proof of the identity of the person; “(B) in the case of a person who has a social security account number issued for purposes of the program under title II or an employer identification number issued for purposes of the Internal Revenue Code of 1986, verify the number; “(C) determine whether the person has been convicted of a violation of section 208, 811, or 1632; and “(D) determine whether payment of benefits to the person in the capacity as representative payee has been revoked or terminated pursuant to this section, section 205(j), or section 1631(a)(2)(A)(iii) by reason of misuse of funds paid as benefits under this title, title II, or XVI, respectively. “(c) Requirement for Maintaining Lists of Undesirable Payees.— The Commissioner of Social Security shall establish and maintain lists which shall be updated periodically and which shall be in a form that renders such lists available to the servicing offices of the Social Security Administration. The lists shall consist of— “(1) the names and (if issued) social security account numbers or employer identification numbers of all persons with respect to whom, in the capacity of representative payee, the payment of benefits has been revoked or terminated under this section, section 205(j), or section 1631(a)(2)(A)(iii) by reason of misuse of funds paid as benefits under this title, title II, or XVI, respectively; and “(2) the names and (if issued) social security account numbers or employer identification numbers of all persons who have been convicted of a violation of section 208, 811, or 1632. “(d) Persons Ineligible to Serve as Representative Payees.— “(1) In general.— The benefits of a qualified individual may not be paid to any other person pursuant to this section if— “(A) the person has been convicted of a violation of section 208, 811, or 1632; “(B) except as provided in paragraph (2), payment of benefits to the person in the capacity of representative payee has been revoked or terminated under this section, section 205(j), or section 1631(a)(2)(A)(ii) by reason of misuse of funds paid as benefits under this title, title II, or title XVI, respectively; or “(C) except as provided in paragraph (2)(B), the person is a creditor of the qualified individual and provides the qualified individual with goods or services for consideration. “(2) Exemptions.— “(A) The Commissioner of Social Security may prescribe circumstances under which the Commissioner of Social Security may grant an exemption from paragraph (1) to any person on a case-by-case basis if the exemption is in the best interest of the qualified individual whose benefits would be paid to the person pursuant to this section. “(B) Paragraph (1)(C) shall not apply with respect to any person who is a creditor referred to in such paragraph if the creditor is— “(i) a relative of the qualified individual and the relative resides in the same household as the qualified individual; “(ii) a legal guardian or legal representative of the individual; “(iii) a facility that is licensed or certified as a care facility under the law of the political jurisdiction in which the qualified individual resides; “(iv) a person who is an administrator, owner, or employee of a facility referred to in clause (iii), if the qualified individual resides in the facility, and the payment to the facility or the person is made only after the Commissioner of Social Security has made a good faith effort to locate an alternative representative payee to whom payment would serve the best interests of the qualified individual; or “(v) a person who is determined by the Commissioner of Social Security, on the basis of written findings and pursuant to procedures prescribed by the Commissioner of Social Security, to be acceptable to serve as a representative payee. “(C) The procedures referred to in subparagraph (B)(v) shall require the person who will serve as representative payee to establish, to the satisfaction of the Commissioner of Social Security, that— “(i) the person poses no risk to the qualified individual; “(ii) the financial relationship of the person to the qualified individual poses no substantial conflict of interest; and “(iii) no other more suitable representative payee can be found. “(e) Deferral of Payment Pending Appointment of Representative Payee.— “(1) In general.— Subject to paragraph (2), if the Commissioner of Social Security makes a determination described in the first sentence of subsection (a) with respect to any qualified individual’s benefit and determines that direct payment of the benefit to the qualified individual would cause substantial harm to the qualified individual, the Commissioner of Social Security may defer (in the case of initial entitlement) or suspend (in the case of existing entitlement) direct payment of the benefit to the qualified individual, until such time as the selection of a representative payee is made pursuant to this section. “(2) Time limitation.— “(A) In general.— Except as provided in subparagraph (B), any deferral or suspension of direct payment of a benefit pursuant to paragraph (1) shall be for a period of not more than 1 month. “(B) Exception in the Case of Incompetency.— Subparagraph (A) shall not apply in any case in which the qualified individual is, as of the date of the Commissioner of Social Security’s determination, legally incompetent under the laws of the jurisdiction in which the individual resides. “(3) Payment of retroactive benefits.— Payment of any benefits which are deferred or suspended pending the selection of a representative payee shall be made to the qualified individual or the representative payee as a single sum or over such period of time as the Commissioner of Social Security determines is in the best interest of the qualified individual. “(f) Hearing.— Any qualified individual who is dissatisfied with a determination by the Commissioner of Social Security to make payment of the qualified individual’s benefit to a representative payee under subsection (a) of this section or with the designation of a particular person to serve as representative payee shall be entitled to a hearing by the Commissioner of Social Security to the same extent as is provided in section 809(a), and to judicial review of the Commissioner of Social Security’s final decision as is provided in section 809(b). “(g) Notice Requirements.— “(1) In general.— In advance, to the extent practicable, of the payment of a qualified individual’s benefit to a representative payee under subsection (a), the Commissioner of Social Security shall provide written notice of the Commissioner’s initial determination to so make the payment. The notice shall be provided to the qualified individual, except that, if the qualified individual is legally incompetent, then the notice shall be provided solely to the legal guardian or legal representative of the qualified individual. “(2) Specific requirements.— Any notice required by paragraph (1) shall be clearly written in language that is easily understandable to the reader, shall identify the person to be designated as the qualified individual’s representative payee, and shall explain to the reader the right under subsection (f) of the qualified individual or of the qualified individual’s legal guardian or legal representative— “(A) to appeal a determination that a representative payee is necessary for the qualified individual; “(B) to appeal the designation of a particular person to serve as the representative payee of the qualified individual; and “(C) to review the evidence upon which the designation is based and to submit additional evidence. “(h) Accountability Monitoring.— “(1) In general.— In any case where payment under this Reports. title is made to a person other than the qualified individual entitled to the payment, the Commissioner of Social Security shall establish a system of accountability monitoring under which the person shall report not less often than annually with respect to the use of the payments. The Commissioner of Social Security shall establish and implement statistically valid procedures for reviewing the reports in order to identify instances in which persons are not properly using the payments. “(2) Special reports.— Notwithstanding paragraph (1), the Commissioner of Social Security may require a report at any time from any person receiving payments on behalf of a qualified individual, if the Commissioner of Social Security has reason to believe that the person receiving the payments is misusing the payments. “(3) Maintaining lists of payees.— The Commissioner of Social Security shall maintain lists which shall be updated periodically of— “(A) the name, address, and (if issued) the social security account number or employer identification number of each representative payee who is receiving benefit payments pursuant to this section, section 205(j), or section 1631(a)(2); and “(B) the name, address, and social security account number of each individual for whom each representative payee is reported to be providing services as representative payee pursuant to this section, section 205(j), or section 1631(a)(2). “(4) Maintaining lists of agencies.— The Commissioner of Social Security shall maintain lists, which shall be updated periodically, of public agencies and community-based nonprofit social service agencies which are qualified to serve as representative payees pursuant to this section and which are located in the jurisdiction in which any qualified individual resides. “(i) Restitution.— In any case where the negligent failure of the Commissioner of Social Security to investigate or monitor a representative payee results in misuse of benefits by the representative payee, the Commissioner of Social Security shall make payment to the qualified individual or the individual’s alternative representative payee of an amount equal to the misused benefits. The Commissioner of Social Security shall make a good faith effort to obtain restitution from the terminated representative payee. “SEC. 808. OVERPAYMENTS AND UNDERPAYMENTS. “(a) In General.— Whenever the Commissioner of Social Security finds that more or less than the correct amount of payment has been made to any person under this title, proper adjustment or recovery shall be made, as follows: “(1) With respect to payment to a person of more than the correct amount, the Commissioner of Social Security shall decrease any payment— “(A) under this title to which the overpaid person (if a qualified individual) is entitled, or shall require the overpaid person or his or her estate to refund the amount in excess of the correct amount, or, if recovery is not obtained under these two methods, shall seek or pursue recovery by means of reduction in tax refunds based on notice to the Secretary of the Treasury, as authorized under section 3720A of title 31, United States Code; or “(B) under title II to recover the amount in excess of the correct amount, if the person is not currently eligible for payment under this title. “(2) With respect to payment of less than the correct amount to a qualified individual who, at the time the Commissioner of Social Security is prepared to take action with respect to the underpayment— “(A) is living, the Commissioner of Social Security shall make payment to the qualified individual (or the qualified individual’s representative payee designated under section 807) of the balance of the amount due the underpaid qualified individual; or “(B) is deceased, the balance of the amount due shall revert to the general fund of the Treasury. “(b) No Effect on Title VIII Eligibility or Benefit Amount.— In any case in which the Commissioner of Social Security takes action in accordance with subsection (a)(1)(B) to recover an amount incorrectly paid to an individual, that individual shall not, as a result of such action— “(1) become qualified for benefits under this title; or “(2) if such individual is otherwise so qualified, become qualified for increased benefits under this title. “(c) Waiver of Recovery of Overpayment.— In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if the Commissioner of Social Security determines that the adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience. “(d) Limited Immunity for Disbursing Officers.— A disbursing officer may not be held liable for any amount paid by the officer if the adjustment or recovery of the amount is waived under subsection (b), or adjustment under subsection (a) is not completed before the death of the qualified individual against whose benefits deductions are authorized. “(e) Authorized Collection Practices.— “(1) In general.— With respect to any delinquent amount, the Commissioner of Social Security may use the collection practices described in sections 3711(e), 3716, and 3718 of title 31, United States Code, as in effect on October 1, 1994. “(2) Definition.— For purposes of paragraph (1), the term ‘delinquent amount’ means an amount— “(A) in excess of the correct amount of the payment under this title; and “(B) determined by the Commissioner of Social Security to be otherwise unrecoverable under this section from a person who is not a qualified individual under this title. “SEC. 809. HEARINGS AND REVIEW. “(a) Hearings.— “(1) In general.— The Commissioner of Social Security shall make findings of fact and decisions as to the rights of any individual applying for payment under this title. The Notice. Commissioner of Social Security shall provide reasonable notice and opportunity for a hearing to any individual who is or claims to be a qualified individual and is in disagreement with any determination under this title with respect to entitlement to, or the amount of, benefits under this title, if the individual requests a hearing on the matter in disagreement within 60 days after notice of the determination is received, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing affirm, modify, or reverse the Commissioner of Social Security’s findings of fact and the decision. The Commissioner of Social Security may, on the Commissioner of Social Security’s own motion, hold such hearings and conduct such investigations and other proceedings as the Commissioner of Social Security deems necessary or proper for the administration of this title. In the course of any nearing, investigation, or other proceeding, the Commissioner may administer oaths and affirmations, examine witnesses, and receive evidence. Evidence may be received at any hearing before the Commissioner of Social Security even though inadmissible under the rules of evidence applicable to court procedure. The Commissioner of Social Security shall specifically take into account any physical, mental, educational, or linguistic limitation of the individual (including any lack of facility with the English language) in determining, with respect to the entitlement of the individual for benefits under this title, whether the individual acted in good faith or was at fault, and in determining fraud, deception, or intent. “(2) Effect of failure to timely request review.— A failure to timely request review of an initial adverse determination with respect to an application for any payment under this title or an adverse determination on reconsideration of such an initial determination shall not serve as a basis for denial of a subsequent application for any payment under this title if the applicant demonstrates that the applicant failed to so request such a review acting in good faith reliance upon incorrect, incomplete, or misleading information, relating to the consequences of reapplying for payments in lieu of seeking review of an adverse determination, provided by any officer or employee of the Social Security Administration. “(3) Notice requirements.— In any notice of an adverse determination with respect to which a review may be requested under paragraph (1), the Commissioner of Social Security shall describe in clear and specific language the effect on possible entitlement to benefits under this title of choosing to reapply in lieu of requesting review of the determination. “(b) Judicial Review.— The final determination of the Commissioner of Social Security after a hearing under subsection (a)(1) shall be subject to judicial review as provided in section 205(g) to the same extent as the Commissioner of Social Security’s final determinations under section 205. “SEC. 810. OTHER ADMINISTRATIVE PROVISIONS. “(a) Regulations and Administrative Arrangements.— The Commissioner of Social Security may prescribe such regulations, and make such administrative and other arrangements, as may be necessary or appropriate to carry out this title. “(b) Payment of Benefits.— Benefits under this title shall be paid at such time or times and in such installments as the Commissioner of Social Security determines are in the interests of economy and efficiency. “(c) Entitlement Redeterminations.— An individual’s entitlement to benefits under this title, and the amount of the benefits, may be redetermined at such time or times as the Commissioner of Social Security determines to be appropriate. “(d) Suspension and Termination of Benefits.— Regulations prescribed by the Commissioner of Social Security under subsection (a) may provide for the suspension and termination of entitlement to benefits under this title as the Commissioner determines is appropriate. “SEC. 811. PENALTIES FOR FRAUD. “(a) In General.— Whoever— “(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in an application for benefits under this title; “(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining any right to the benefits; “(3) having knowledge of the occurrence of any event affecting— “(A) his or her initial or continued right to the benefits; or “(B) the initial or continued right to the benefits of any other individual in whose behalf he or she has applied for or is receiving the benefit, conceals or fails to disclose the event with an intent fraudulently to secure the benefit either in a greater amount or quantity than is due or when no such benefit is authorized; or “(4) having made application to receive any such benefit for the use and benefit of another and having received it, knowingly and willfully converts the benefit or any part thereof to a use other than for the use and benefit of the other individual, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. “(b) Restitution by Representative Payee.— If a person or organization violates subsection (a) in the person’s or organization’s role as, or in applying to become, a representative payee under section 807 on behalf of a qualified individual, and the violation includes a willful misuse of funds by the person or entity, the court may also require that full or partial restitution of funds be made to the qualified individual. “SEC. 812. DEFINITIONS. “In this title: “(1) World war ii veteran.— The term ‘World War II veteran’ means a person who— “(A) served during World War II— “(i) in the active military, naval, or air service of the United States during World War II; or “(ii) in the organized military forces of the Government of the Commonwealth of the Philippines, while the forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among the military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, in any case in which the service was rendered before December 31, 1946; and “(B) was discharged or released therefrom under conditions other than dishonorable— “(i) after service of 90 days or more; or “(ii) because of a disability or injury incurred or aggravated in the line of active duty. “(2) World war ii.— The term ‘World War II’ means the period beginning on September 16, 1940, and ending on July 24, 1947. “(3) Supplemental security income benefit under title xvi.— The term ‘supplemental security income benefit under title XVI’, except as otherwise provided, includes State supplementary payments which are paid by the Commissioner of Social Security pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93–66. “(4) Federal benefit rate under title xvi.— The term ‘Federal benefit rate under title XVI’ means, with respect to any month, the amount of the supplemental security income cash benefit (not including any State supplementary payment which is paid by the Commissioner of Social Security pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93–66) payable under title XVI for the month to an eligible individual with no income. “(5) United states.— The term ‘United States’ means, notwithstanding section 1101(a)(1), only the 50 States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands. “(6) Benefit income.— The term ‘benefit income’ means any recurring payment received by a qualified individual as an annuity, pension, retirement, or disability benefit (including any veterans’ compensation or pension, workmen’s compensation payment, old-age, survivors, or disability insurance benefit, railroad retirement annuity or pension, and unemployment insurance benefit), but only if a similar payment was received by the individual from the same (or a related) source during the 12-month period preceding the month in which the individual files an application for benefits under this title. “SEC. 813. APPROPRIATIONS. “There are hereby appropriated for fiscal year 2000 and subsequent fiscal years, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this title.”.

2. 2004

   Pub. L. 108–203 title II § 209(b) · 118 Stat. 493

   Amended · 42 U.S.C. § 1011(b)

   Pub. L. 108–203 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “If a person or organization violates subsection (a) of this section in the person’s or organization’s role as, or in applying to become, a representative payee under section 1007 of this title on behalf of a qualified individual, and the violation includes a willful misuse of funds by the person or entity, the court may also require that full or partial restitution of funds be made to the qualified individual.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–203 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “If a person or organization violates subsection (a) of this section in the person’s or organization’s role as, or in applying to become, a representative payee under section 1007 of this title on behalf of a qualified individual, and the violation includes a willful misuse of funds by the person or entity, the court may also require that full or partial restitution of funds be made to the qualified individual.”

   Enacted provision · exact public law section
   (b) Amendments to Title VIII.— Section 811 of the Social Security Act (42 U.S.C. 1011) is amended— (1) by striking subsection (b) and inserting the following: “(b) Court Order for Restitution.— “(1) In general.— Any Federal court, when sentencing a defendant convicted of an offense under subsection (a), may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Commissioner of Social Security, in any case in which such offense results in— “(A) the Commissioner of Social Security making a benefit payment that should not have been made, or “(B) an individual suffering a financial loss due to the defendant’s violation of subsection (a) in his or her capacity as the individual’s representative payee appointed pursuant to section 807(i). “(2) Related provisions.— Sections Applicability. 3612, 3663, and 3664 of title 18, United States Code, shall apply with respect to the issuance and enforcement of orders of restitution under this subsection. In so applying such sections, the Commissioner of Social Security shall be considered the victim. “(3) Stated reasons for not ordering restitution.— If the court does not order restitution, or orders only partial restitution, under this subsection, the court shall state on the record the reasons therefor. “(4) Receipt of restitution payments.— “(A) In general.— Except as provided in subparagraph (B), funds paid to the Commissioner of Social Security as restitution pursuant to a court order shall be deposited as miscellaneous receipts in the general fund of the Treasury. “(B) Payment to the individual.— In Certification. the case of funds paid to the Commissioner of Social Security pursuant to paragraph (1)(B), the Commissioner of Social Security shall certify for payment to the individual described in such paragraph an amount equal to the lesser of the amount of the funds so paid or the individual’s outstanding financial loss as described in such paragraph, except that such amount may be reduced by any overpayment of benefits owed under this title, title II, or title XVI by the individual.” .

   Effective date note
   Amendment by Pub. L. 108–203 applicable with respect to violations occurring on or after Mar. 2, 2004, see section 209(d) of Pub. L. 108–203, set out as a note under section 408 of this title.

3. 2015

   <Social Security Benefit Protection and Opportunity Enhancement Act of 2015>

   Pub. L. 114–74 § 813(b)(2) · 129 Stat. 584

   Inserted · 42 U.S.C. § 1011(a)

   Pub. L. 114–74, § 813(b)(2), inserted before period at end of concluding provisions “, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this subchapter (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, or imprisoned for not more than ten years, or both”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–74, § 813(b)(2), inserted before period at end of concluding provisions “, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this subchapter (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, or imprisoned for not more than ten years, or both”.

   Enacted provision · exact public law section
   (2) Amendment to title viii.— Section 811(a) of such Act (42 U.S.C. 1011(a)), as amended by subsection (a), is further amended by striking the period at the end and inserting “, except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both.”.

4. 2015

   <Social Security Benefit Protection and Opportunity Enhancement Act of 2015>

   Pub. L. 114–74 § 813(a)(2) · 129 Stat. 584

   Added · 42 U.S.C. § 1011(a)(5)

   Pub. L. 114–74, § 813(a)(2), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 114–74, § 813(a)(2), added par. (5).

   Enacted provision · exact public law section
   (2) Amendment to title viii.— Section 811(a) of such Act (42 U.S.C. 1011(a)) is amended— (A) in paragraph (3), by striking “or” at the end; (B) in paragraph (4), by striking the comma and adding “; or” at the end; and (C) by inserting after paragraph (4) the following: “(5) conspires to commit any offense described in any of paragraphs (1) through (3),” .

4 of 4 references resolved to an enrolled provision