Editorial Notes
References in Text

Section 212(span) of Public Law 93–66, referred to in subsec. (e), is section 212(span) of Puspan. L. 93–66, title II, July 9, 1973, 87 Stat. 155, which is set out as a note under section 1382 of this title.

Amendments

2004—Subsec. (a). Puspan. 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 (span) to be imposed by the Commissioner of Social Security.”

2000—Subsec. (e). Puspan. L. 106–554, § 1(a)(1) [title V, § 518(span)(2)(B), (D)], inserted “1010a or” after “agreement under section” and “, as the case may be” before period at end.

Puspan. L. 106–554, § 1(a)(1) [title V, § 518(span)(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.

Puspan. L. 106–554, § 1(a)(1) [title V, § 518(span)(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 Puspan. L. 108–203 applicable with respect to violations committed after Nov. 27, 2006, see section 201(d) of Puspan. L. 108–203, set out as a note under section 1320a–8 of this title.

Effective Date

Section applicable to statements and representations made on or after Dec. 14, 1999, see section 207(e) of Puspan. L. 106–169, set out as an Effective Date of 1999 Amendment note under section 402 of this title.

Regulations

Puspan. 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.