§ 408. Penalties

Footnotes

1. 1 See References in Text note below.

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. 74–531 · 49 Stat. 620

   Enacted · 42 U.S.C. § 408

   Aug. 14, 1935, ch. 531, title II, § 208, 49 Stat. 625

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title II, § 208, 49 Stat. 625

2. 1958

   Social Security Amendments of 1958

   Pub. L. 85–840 title III § 310 · 72 Stat. 1013

   1. Amended · 42 U.S.C. § 408

      Pub. L. 85–840 amended section generally, by, among other changes

   2. Inserted · 42 U.S.C. § 408

      Pub. L. 85–840 inserting references to the Internal Revenue Code of 1954, and making penalty provisions applicable to cases (1) where false statements or representations as to whether wages were paid or received for employment, or whether net earnings from self-employment were derived, or whether a person entitled to benefits under this subchapter had earnings in or for a particular period, or as to the amount thereof, are made for the purpose of obtaining or increasing benefits; (2) where false statements or representations are made in any application for disability determination; (3) where a person intentionally conceals or fails to disclose knowledge of any event affecting his or another’s initial or continued right to payment, and (4) where a person converts a payment that he received for the use and benefit of another

   Source evidence

   Code amendment note
   Pub. L. 85–840 amended section generally, by, among other changes, inserting references to the Internal Revenue Code of 1954, and making penalty provisions applicable to cases (1) where false statements or representations as to whether wages were paid or received for employment, or whether net earnings from self-employment were derived, or whether a person entitled to benefits under this subchapter had earnings in or for a particular period, or as to the amount thereof, are made for the purpose of obtaining or increasing benefits; (2) where false statements or representations are made in any application for disability determination; (3) where a person intentionally conceals or fails to disclose knowledge of any event affecting his or another’s initial or continued right to payment, and (4) where a person converts a payment that he received for the use and benefit of another.

   Enacted provision · exact public law section
   Sec. 310. offenses under title ii of the social security act Section 208 of the Social Security Act is amended to read 42 USC 408. as follows: “Sec. 208. “penalties Whoever— “(a) for the purpose of causing an increase in any payment authorized to be made under this title, or for the purpose of causing any payment to be made where no payment is authorized under this title, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of 26 USC app. 1400–1426. chapter 1. or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle F of the 26 USC 1401–1403; 3101–3125; 6001–7852. Post, pp. 1041–1044; 1046, 1047. Internal Revenue Code of 1954) as to— “(1) whether wages were paid or received for employment (as said terms are defined in this title and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid: or “(2) whether net earnings from self-employment (as such term is defined in this title and in the Internal Revenue Code) were derived, or as to the amount of such net earnings or the period during which or the person by whom derived; or “(3) whether a person entitled to benefits under this title had earnings in or for a particular period (as determined under section 203 (e) of this title for purposes of deductions from benefits), or as to the amount thereof: or “(b) makes or causes to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under this title; or “(c) at any time makes or causes to be made any false statement or representation of a material fact for use in determining rights to payment under this title; or “(d) having knowledge of the occurrence of any event affecting (1) his initial or continued right to any payment under this title, or (2) the initial or continued right to any payment of any other individual in whose behalf he has applied for or is receiving such payment, conceals or fails to disclose such event with an intent fraudulently to secure payment either in a greater amount than is due or when no payment is authorized; or “(e) having made application to receive payment under this title for the use and benefit of another and having received such a payment, knowingly and willfully converts such a payment, or any part thereof, to a use other than for the use and benefit of such other person; shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both.”

3. 1960

   Social Security Amendments of 1960

   Pub. L. 86–778 title II § 211(m) · 74 Stat. 924

   Substituted · 42 U.S.C. § 408(a)(3)

   Pub. L. 86–778 substituted “section 403(f) of this title” for “section 403(e) of this title”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 86–778 substituted “section 403(f) of this title” for “section 403(e) of this title”.

   Enacted provision · exact public law section
   (m) Section 208(a)(3) of such Act is amended by striking out “section 203(e)” and inserting in lieu thereof “section 203(f)”.

4. 1972

   Social Security Amendments of 1972

   Pub. L. 92–603 title I § 130(a) · 86 Stat. 1329

   Added · 42 U.S.C. § 408(f); 42 U.S.C. § 408(g)

   Pub. L. 92–603 added subsecs. (f) and (g)

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 92–603 added subsecs. (f) and (g).

   Enacted provision · exact public law section
   (a) Section 208 of the Social Security Act is amended by 72 Stat. 1034. 42 USC 408. adding “or” after the semicolon at the end of subsection (e), and by inserting after subsection (e) the following new subsections: “(f) willfully, knowingly, and with intent to deceive the Secretary as to his true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Secretary with respect to any information required by the Secretary in connection with the establishment and maintenance of the records provided for in section 205(c) (2); or Post, p. 1364. “(g) for the purpose of causing an increase in any payment authorized under this title (or any other program financed in whole or in part from Federal funds), or for the purpose of causing a payment under this title (or any such other program) to be made when no payment is authorized thereunder, or for the purpose of obtaining (for himself or any other person) any payment or any other benefit to which he (or such other person) is not entitled— “(1) willfully, knowingly, and with intent to deceive, uses a social security account number, assigned by the Secretary (in the Post, 1364. exercise of his authority under section 205(c) (2) to establish and maintain records) on the basis of false information furnished to the Secretary by him or by any other person; or “(2) with intent to deceive, falsely represents a number to be the social security account number assigned by the Secretary to him or to another person, when in fact such number is not the social security account number assigned by the Secretary to him or to such other person;”.

5. 1976

   Pub. L. 94–455 § 1211(a) · 90 Stat. 1520

   Inserted · 42 U.S.C. § 408(g)

   Pub. L. 94–455, § 1211(a), inserted “, or for any other purpose” after “entitled” in provisions preceding cl. (1)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 94–455, § 1211(a), inserted “, or for any other purpose” after “entitled” in provisions preceding cl. (1).

   Enacted provision · exact public law section
   (a) Section 208(g) of the Social Security Act is amended, in the 42 USC 408. matter preceding clause (1) thereof, by striking out “entitled—” and inserting in lieu thereof “entitled, or for any other purpose—”.

6. 1976

   Pub. L. 94–455 § 1211(d)(1) · 90 Stat. 1520

   Added · 42 U.S.C. § 408(h)

   Pub. L. 94–455, § 1211(d)(1), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 94–455, § 1211(d)(1), added subsec. (h).

   Enacted provision · exact public law section
   (1) Section 208 of the Social Security Act is amended by inserting after subsection (g) the following new subsection: “(h) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States;”

7. 1981

   Pub. L. 97–123 § 4(a) · 95 Stat. 1659

   1. Substituted · 42 U.S.C. § 408

      Pub. L. 97–123 substituted provisions making violation of section a felony for provisions making it a misdemeanor, increased the punishment from one to five years and penalty from $1,000 to $5,000, and in subsec. (g), in opening paragraph

   2. Substituted · 42 U.S.C. § 408

      Pub. L. 97–123 substituted “or for the purpose of obtaining anything of value from any person, or for any other purpose” for “or for any other purpose”

   3. Added · 42 U.S.C. § 408

      Pub. L. 97–123 added par. (3)

   Source evidence

   Code amendment note
   Pub. L. 97–123 substituted provisions making violation of section a felony for provisions making it a misdemeanor, increased the punishment from one to five years and penalty from $1,000 to $5,000, and in subsec. (g), in opening paragraph, substituted “or for the purpose of obtaining anything of value from any person, or for any other purpose” for “or for any other purpose”, and added par. (3).

   Enacted provision · exact public law section
   (a) Section 208(g) of the Social Security Act is amended— 42 USC 408. (1) by inserting “or for the purpose of obtaining anything of value from any person,” before “or for any other purpose” in the matter preceding paragraph (1); and (2) by adding after paragraph (2) the following new paragraph: “(3) knowingly alters a social security card issued by the Secretary, buys or sells a card that is, or purports to be, a card so issued, counterfeits a social security card, or possesses a social security card or counterfeit social security card with intent to sell or alter it; or”.

8. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 div. B title VI § 2663(a)(5) · 98 Stat. 494

   Changed · 42 U.S.C. § 408(f)(h)

   Pub. L. 98–369 realigned margins of subsecs. (f) to (h)

   Source evidence

   Code amendment note
   Subsecs. (f) to (h). Pub. L. 98–369 realigned margins of subsecs. (f) to (h).

   Enacted provision · exact public law section
   (5) Section 208 of such Act is amended by indenting paragraphs (f) through (h) two ems so as to align their left margins with the margins of paragraphs (a) through (e) (and by appropriately further indenting subdivisions (1), (2), and (3) of paragraph (g)).

9. 1984

   Social Security Disability Benefits Reform Act of 1984

   Pub. L. 98–460 § 16(c)(2) · 98 Stat. 1794

   Inserted · 42 U.S.C. § 408

   Pub. L. 98–460 inserted provisions imposing a penalty of $25,000 or imprisonment for not more than five years, or both, on any person or other entity convicted for a second or subsequent violation of this section, if such violation is committed by such person or entity in his role as, or in applying to become, a certified payee under section 405(j) of this title, and also granting the court discretion, in any case, including a first offense, involving a willful misuse of funds, to require full or partial restitution, and prohibiting the certification of any individual or entity convicted of a felony under this section or under section 1383a(b) of this title

   Source evidence

   Code amendment note
   Pub. L. 98–460 inserted provisions imposing a penalty of $25,000 or imprisonment for not more than five years, or both, on any person or other entity convicted for a second or subsequent violation of this section, if such violation is committed by such person or entity in his role as, or in applying to become, a certified payee under section 405(j) of this title, and also granting the court discretion, in any case, including a first offense, involving a willful misuse of funds, to require full or partial restitution, and prohibiting the certification of any individual or entity convicted of a felony under this section or under section 1383a(b) of this title.

   Enacted provision · exact public law section
   (2) Section 208 of such Act is amended by adding at the end thereof the following unnumbered paragraphs: “Any person or other entity who is convicted of a violation of any of the provisions of this section, if such violation is committed by such person or entity in his role as, or in applying to become, a certified payee under section 205(j) on behalf of another individual Ante, p. 1809. (other than such person’s spouse), upon his second or any subsequent such conviction shall, in lieu of the penalty set forth in the preceding provisions of this section, be guilty of a felony and shall be fined not more than $25,000 or imprisoned for not more than five years, or both. In the case of any violation described in the preceding sentence, including a first such violation, if the court determines that such violation includes a willful misuse of funds by such person or entity, the court may also require that full or partial restitution of such funds be made to the individual for whom such person or entity was the certified payee. “Any individual or entity convicted of a felony under Ante, p. 1810. this section or under section 1632(b) may not be certified as a payee under section 205(j).”.

10. 1988

    Minor and Technical Criminal Law Amendments Act of 1988

    Pub. L. 100–690 title VII § 7088 · 102 Stat. 4181

    1. Substituted · 42 U.S.C. § 408

       Pub. L. 100–690 substituted “under title 18” for “not more than $5,000” in first undesignated par.

    2. Substituted · 42 U.S.C. § 408

       Pub. L. 100–690 substituted “under title 18” for “not more than $25,000” in second undesignated par.

    3. Inserted · 42 U.S.C. § 408

       Pub. L. 100–690 inserted provisions at end defining for purposes of subsec. (g) “social security number” and “social security account number”

    Source evidence

    Code amendment note
    Pub. L. 100–690 substituted “under title 18” for “not more than $5,000” in first undesignated par., substituted “under title 18” for “not more than $25,000” in second undesignated par., and inserted provisions at end defining for purposes of subsec. (g) “social security number” and “social security account number”.

    Enacted provision · exact public law section
    SEC. 7088. MISUSE OF SOCIAL SECURITY NUMBER. Section 208 of the Social Security Act (42 U.S.C. 408) is amended— (1) in the first undesignated paragraph, by striking “not more than $5,000” after “shall be fined” and inserting “under title 18, United States Code,”; (2) in the second undesignated paragraph, by striking “not more than $25,000” after “shall be fined” and inserting “under title 18, United States Code,”; and (3) adding at the end the following: “For the purpose of subsection (g), the terms ‘social security number’ and ‘social security account number’ mean such numbers as are assigned by the Secretary under section 405(c)(2) of this title whether or not, in actual use, such numbers are called social security numbers.”.

11. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 5121 · 104 Stat. 1388

    1. Inserted · 42 U.S.C. § 408

       Pub. L. 101–508, § 5121, inserted “(a)” before “Whoever—”

    2. Redesignated · 42 U.S.C. § 408

       Pub. L. 101–508, § 5121, redesignated former subsecs. (a) to (h) as pars. (1) to (8), respectively, of subsec. (a), in pars. (1) and (7) redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively

    3. Inserted · 42 U.S.C. § 408

       Pub. L. 101–508, § 5121, inserted “(b)” before “Any person or other entity who is convicted”

    4. Inserted · 42 U.S.C. § 408

       Pub. L. 101–508, § 5121, inserted “(c)” before “Any individual or entity convicted of a felony”

    5. Added · 42 U.S.C. § 408

       Pub. L. 101–508, § 5121, added subsec. (d)

    Source evidence

    Code amendment note
    Pub. L. 101–508, § 5121, inserted “(a)” before “Whoever—”, redesignated former subsecs. (a) to (h) as pars. (1) to (8), respectively, of subsec. (a), in pars. (1) and (7) redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, inserted “(b)” before “Any person or other entity who is convicted”, inserted “(c)” before “Any individual or entity convicted of a felony”, and added subsec. (d).

    Enacted provision · exact public law section
    SEC. 5121. E)(EMPTION FOR CERTAIN ALIENS, RECEIVING AMNESTY UNDER THE IMMIGRATION AND NATIONALITY ACT, FROM PROSECUTION FOR MISREPORTING OF EARNINGS OR MISUSE OF SOCIAL SECURITY ACCOUNT NUMBERS OR SOCIAL SECURITY CARDS. (a) In General.— Section 208 (42 U.S.C. 408) is amended by adding at the end the following: “(d) (1) Except as provided in paragraph (2), an alien— “(A) whose status is adjusted to that of lawful temporary resident under section 210 or 245A of the Immigration and Nationality Act or under section 902 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, “(B) whose status is adjusted to that of permanent resident— “(i) under section 202 of the Immigration Reform and Control Act of 1986, or “(ii) pursuant to section 249 of the Immigration and Nationality Act, or “(C) who is granted special immigrant status under section 101(a)(27)(D of the Immigration and Nationality Act, shall not be subject to prosecution for any alleged conduct described in paragraph (6) or (7) of subsection (a) if such conduct is alleged to have occurred prior to 60 days after the date of the enactment of the Omnibus Budget Reconciliation Act of 1990. “(2) Paragraph (1) shall not apply with respect to conduct (described in subsection (a)(7)(C)) consisting of— “(A) selling a card that is, or purports to be, a social security card issued by the Secretary, “(B) possessing a social security card with intent to sell it, or “(C) counterfeiting a social security card with intent to sell it. “(3) Paragraph (1) shall not apply with respect to any criminal conduct involving both the conduct described in subsection (a)(7) to which paragraph (1) applies and any other criminal conduct if such other conduct would be criminal conduct if the conduct described in subsection (a)(7) were not committed.”. (b) Technical and Conforming Amendments.— So much of section 208 as precedes subsection (d) (as added by subsection (a) of this section) is amended— (1) in subsection (a), by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) in subsection (g), by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively; (4) by inserting “(a)” before “Whoever”; (5) by inserting “(b)” at the beginning of the next-to-last undesignated paragraph; and (6) by inserting “(c)” at the beginning of the last undesignated paragraph.

12. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 5130(a)(1) · 104 Stat. 1388

    Substituted · 42 U.S.C. § 408

    Pub. L. 101–508, § 5130(a)(1), in the last undesignated paragraph substituted “section 405(c)(2) of this title” for “section 605(c)(2) of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–508, § 5130(a)(1), in the last undesignated paragraph substituted “section 405(c)(2) of this title” for “section 605(c)(2) of this title”.

    Enacted provision · exact public law section
    (1) Amendment relating to section 7088 of public law 100-690.— Section 208 (42 U.S.C. 408) is amended, in the last undesignated paragraph, by striking “section 405(c)(2) of this title” and inserting “section 205(c)(2)”.

13. 1994

    Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    1. Substituted · 42 U.S.C. § 408(a)(6); 42 U.S.C. § 408(a)(7)

       Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in par. (7)(A)

    2. Substituted · 42 U.S.C. § 408(a)(6); 42 U.S.C. § 408(a)(7)

       Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner’s authority” for “his authority” in par. (7)(A)

    Source evidence

    Code amendment note
    Subsec. (a)(6), (7). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “the Commissioner’s authority” for “his authority” in par. (7)(A).

    Enacted provision · exact public law section
    (4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,

14. 1994

    Pub. L. 103–296 § 321(a)(12) · 108 Stat. 1464

    Substituted · 42 U.S.C. § 408(c)

    Pub. L. 103–296, § 321(a)(12), substituted “subsection (a)(7)” for “subsection (g)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–296, § 321(a)(12), substituted “subsection (a)(7)” for “subsection (g)”.

    Enacted provision · exact public law section
    (12) Section 208(c) of such Act (42 U.S.C. 408(c)) is amended by striking “subsection (g)” and inserting “subsection (a)(7)”.

15. 1994

    Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    Substituted · 42 U.S.C. § 408(c)

    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

    Enacted provision · exact public law section
    (4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,

16. 1994

    Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    Substituted · 42 U.S.C. § 408(d)(2)(A)

    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.

    Enacted provision · exact public law section
    (4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,

17. 2000

    Pub. L. 106–553 § 1(a)(2)(tVI)(s635)(c)(2)(1) · 114 Stat. 2762

    1. Inserted · 42 U.S.C. § 408(a)(8)(10)

       Pub. L. 106–553, which inserted “or” at end of par. (8)

    2. Repealed · 42 U.S.C. § 408(a)(8)(10)

       Pub. L. 106–553, which added pars. (9) and (10), was repealed by Pub. L. 106–554, effective as if included in Pub. L. 106–553 on Dec. 21, 2000. Pars. (9) and (10) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(8) to (10). Pub. L. 106–553, which inserted “or” at end of par. (8) and added pars. (9) and (10), was repealed by Pub. L. 106–554, effective as if included in Pub. L. 106–553 on Dec. 21, 2000. Pars. (9) and (10) read as follows:

    “(9) except as provided in section 1320b–23(d) of this title, knowingly and willfully displays or sells to the general public (as defined in section 1320b–23(g) of this title) any individual’s social security number, or any identifiable derivative of such number, without the affirmatively expressed consent (as defined in section 1320b–23(c) of this title), electronically or in writing, of such individual; or “(10) obtains any individual’s social security number, or any identifiable derivative of such number, for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for illegal purposes;”.

    Enacted provision · exact public law section
    (2) H.R. 5548, as introduced on October 25, 2000.

18. 2004

    Pub. L. 108–203 § 209(a)(2) · 118 Stat. 493

    Redesignated · 42 U.S.C. § 408(b)

    Pub. L. 108–203, § 209(a)(2), added subsec. (b). Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–203, § 209(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

    Enacted provision · exact public law section
    (2) by inserting after subsection (a) the following: “(b) (1) 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 victims of such offense specified in paragraph (4). “(2) Applicability. Sections 3612, 3663, and 3664 of title 18, United States Code, shall apply with respect to the issuance and enforcement of orders of restitution to victims of such offense under this subsection. “(3) 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) For purposes of paragraphs (1) and (2), the victims of an offense under subsection (a) are the following: “(A) Any individual who suffers a financial loss as a result of the defendant’s violation of subsection (a). “(B) The Commissioner of Social Security, to the extent that the defendant’s violation of subsection (a) results in— “(i) the Commissioner of Social Security making a benefit payment that should not have been made; or “(ii) 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 205(j). “(5) (A) Except as provided in subparagraph (B), funds paid to the Commissioner of Social Security as restitution pursuant to a court order shall be deposited in the Federal Old-Age and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund, as appropriate. “(B) In the case of funds paid to the Commissioner of Social Security pursuant to paragraph (4)(B)(ii), 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, except that such amount may be reduced by the amount of any overpayments of benefits owed under this title, title VIII, or title XVI by the individual.” ; and

    Effective date note
    Pub. L. 108–203, title II, § 209(d), Mar. 2, 2004, 118 Stat. 516, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and sections 1011 and 1383a of this title] shall apply with respect to violations occurring on or after the date of enactment of this Act [Mar. 2, 2004].”

19. 2004

    Pub. L. 108–203 § 209(a)(1) · 118 Stat. 493

    1. Redesignated · 42 U.S.C. § 408(c)

       Pub. L. 108–203, § 209(a)(1), (3), redesignated subsec. (b) as (c)

    2. Redesignated · 42 U.S.C. § 408(c)

       Pub. L. 108–203, § 209(a)(1), (3), struck out at end: “In the case of any violation described in the preceding sentence, including a first such violation, if the court determines that such violation includes a willful misuse of funds by such person or entity, the court may also require that full or partial restitution of such funds be made to the individual for whom such person or entity was the certified payee.” Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–203, § 209(a)(1), (3), redesignated subsec. (b) as (c) and struck out at end: “In the case of any violation described in the preceding sentence, including a first such violation, if the court determines that such violation includes a willful misuse of funds by such person or entity, the court may also require that full or partial restitution of such funds be made to the individual for whom such person or entity was the certified payee.” Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

    Effective date note
    Pub. L. 108–203, title II, § 209(d), Mar. 2, 2004, 118 Stat. 516, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and sections 1011 and 1383a of this title] shall apply with respect to violations occurring on or after the date of enactment of this Act [Mar. 2, 2004].”

20. 2004

    Pub. L. 108–203 § 209(a)(1) · 118 Stat. 493

    Redesignated · 42 U.S.C. § 408(d); 42 U.S.C. § 408(e)

    Pub. L. 108–203, § 209(a)(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 108–203, § 209(a)(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

    Effective date note
    Pub. L. 108–203, title II, § 209(d), Mar. 2, 2004, 118 Stat. 516, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and sections 1011 and 1383a of this title] shall apply with respect to violations occurring on or after the date of enactment of this Act [Mar. 2, 2004].”

21. 2015

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

    Pub. L. 114–74 § 813(b)(1) · 129 Stat. 584

    Inserted · 42 U.S.C. § 408(a)

    Pub. L. 114–74, § 813(b)(1), 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)(1), 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
    (1) Amendment to title ii.— Section 208(a) of the Social Security Act (42 U.S.C. 408(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.”.

22. 2015

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

    Pub. L. 114–74 § 813(a)(1) · 129 Stat. 584

    Added · 42 U.S.C. § 408(a)(9)

    Pub. L. 114–74, § 813(a)(1), added par. (9)

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 114–74, § 813(a)(1), added par. (9).

    Enacted provision · exact public law section
    (1) Amendment to title ii.— Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended— (A) in paragraph (7)(C), by striking “or” at the end; (B) in paragraph (8), by adding “or” at the end; and (C) by inserting after paragraph (8) the following: “(9) conspires to commit any offense described in any of paragraphs (1) through (4),” .

33 of 34 references resolved to an enrolled provision · 1 partial