42 U.S.C. § 1320a-8a
Any person who-
shall be subject to, in addition to any other penalties that may be prescribed by law, a penalty described in subsection (b) to be imposed by the Commissioner of Social Security.
The penalty described in this subsection is-
for each month that begins during the applicable period described in subsection (c).
The duration of the applicable period, with respect to a determination by the Commissioner under subsection (a) that a person has engaged in conduct described in subsection (a), shall be-
A person subject to a period of nonpayment of benefits under subchapter II or ineligibility for subchapter XVI benefits by reason of this section nevertheless shall be considered to be eligible for and receiving such benefits, to the extent that the person would be receiving or eligible for such benefits but for the imposition of the penalty, for purposes of-
In this section, the term "benefits under subchapter VIII or XVI" includes State supplementary payments made by the Commissioner pursuant to an agreement under section 1010a or 1382e(a) of this title or section 212(b) of Public Law 93-66 as the case may be.
The Commissioner of Social Security shall consult with the Inspector General of the Social Security Administration regarding initiating actions under this section.
42 U.S.C. § 1320a-8a
EDITORIAL NOTES
REFERENCES IN TEXT Section 212(b) of Public Law 93-66 referred to in subsec. (e), is section 212(b) of Pub. L. 93-66, title II, July 9, 1973, 87 Stat. 155, which is set out as a note under section 1382 of this title.
AMENDMENTS2004-Subsec. (a). Pub. L. 108-203 substantially rewrote text of subsec. (a). Prior to amendment, text read as follows: "Any person who makes, or causes to be made, a statement or representation of a material fact for use in determining any initial or continuing right to or the amount of-"(1) monthly insurance benefits under subchapter II of this chapter; or"(2) benefits or payments under subchapter XVI of this chapter,that the person knows or should know is false or misleading or knows or should know omits a material fact or who makes such a statement with knowing disregard for the truth shall be subject to, in addition to any other penalties that may be prescribed by law, a penalty described in subsection (b) to be imposed by the Commissioner of Social Security."2000-Subsec. (e). Pub. L. 106-554, §1(a)(1) [title V, §518(b)(2)(B), (D)], inserted "1010a or" after "agreement under section" and ", as the case may be" before period at end. Pub. L. 106-554, §1(a)(1) [title V, §518(b)(2)(C)], which directed the amendment of subsec. (e) by inserting "1010A or" before "1382(e)(a)", could not be executed because "1382(e)(a)" does not appear in text. Pub. L. 106-554, §1(a)(1) [title V, §518(b)(2)(A)], which directed the amendment of subsec. (e) by inserting "VIII or" after "benefits under", was executed by making the insertion after "benefits under subchapter" to reflect the probable intent of Congress.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-203 applicable with respect to violations committed after Nov. 27, 2006, see section 201(d) of Pub. L. 108-203 set out as a note under section 1320a-8 of this title.
EFFECTIVE DATESection applicable to statements and representations made on or after Dec. 14, 1999, see section 207(e) of Pub. L. 106-169 set out as an Effective Date of 1999 Amendment note under section 402 of this title.
REGULATIONS Pub. L. 106-169, title II, §207(d), Dec. 14, 1999, 113 Stat. 1838, required, within 6 months after Dec. 14, 1999, the development of regulations prescribing the administrative process for making determinations under this section and guidance on discretion in imposing penalties.
- person
- The term "person" means an individual, a trust or estate, a partnership, or a corporation.