Page:United States Statutes at Large Volume 118.djvu/544

 118 STAT. 514 PUBLIC LAW 108–203—MAR. 2, 2004 ‘‘(2) 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 sub section. ‘‘(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 ben efit 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 Insur ance 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 (3) by amending subsection (c) (as redesignated by para graph (1)), by striking the second sentence. (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 Commis sioner 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 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 Applicability. Applicability.

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