Page:United States Statutes at Large Volume 118.djvu/540

 118 STAT. 510 PUBLIC LAW 108–203—MAR. 2, 2004 ‘‘(I) the offense described in clause (iv) or underlying the imposition of the probation or parole described in clause (v) was nonviolent and not drug related, and ‘‘(II) in the case of an individual from whom benefits have been withheld or otherwise would be withheld pursuant to subparagraph (A)(v), the action that resulted in the violation of a condition of probation or parole was nonviolent and not drug related.’’; and (6) in paragraph (3), by adding at the end the following: ‘‘(C) Notwithstanding the provisions of section 552a of title 5, United States Code, or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1106(c) of this Act), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the writ ten request of the officer, with the current address, Social Security number, and photograph (if applicable) of any beneficiary under this title, if the officer furnishes the Commissioner with the name of the beneficiary, and other identifying information as reasonably required by the Commissioner to establish the unique identity of the beneficiary, and notifies the Commissioner that— ‘‘(i) the beneficiary is described in clause (iv) or (v) of paragraph (1)(A); and ‘‘(ii) the location or apprehension of the beneficiary is within the officer’s official duties.’’. (b) CONFORMING AMENDMENTS TO TITLE XVI.—Section 1611(e) of the Social Security Act (42 U.S.C. 1382(e)) is amended— (1) in paragraph (4)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by inserting ‘‘(A)’’ after ‘‘(4)’’; (C) in clause (i) of subparagraph (A) (as redesignated by subparagraph (A)), by striking ‘‘or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State’’ and inserting ‘‘or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regard less of the actual sentence imposed’’; and (D) by adding at the end the following: ‘‘(B) Notwithstanding subparagraph (A), the Commissioner shall, for good cause shown, treat the person referred to in subpara graph (A) as an eligible individual or eligible spouse if the Commis sioner determines that— ‘‘(i) a court of competent jurisdiction has found the person not guilty of the criminal offense, dismissed the charges relating to the criminal offense, vacated the warrant for arrest of the person for the criminal offense, or issued any similar exon erating order (or taken similar exonerating action), or ‘‘(ii) the person was erroneously implicated in connection with the criminal offense by reason of identity fraud. ‘‘(C) Notwithstanding subparagraph (A), the Commissioner may, for good cause shown based on mitigating circumstances, treat the person referred to in subparagraph (A) as an eligible individual or eligible spouse if the Commissioner determines that— ‘‘(i) the offense described in subparagraph (A)(i) or under lying the imposition of the probation or parole described in subparagraph (A)(ii) was nonviolent and not drug related, and

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