118 STAT. 515 PUBLIC LAW 108–203—MAR. 2, 2004 restitution, under this subsection, the court shall state on the record the reasons therefor. ‘‘(4) RECEIPT OF RESTITUTION PAYMENTS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), funds paid to the Commissioner of Social Security as restitution pursuant to a court order shall be deposited as miscellaneous receipts in the general fund of the Treasury. ‘‘(B) PAYMENT TO THE INDIVIDUAL.—In the case of funds paid to the Commissioner of Social Security pursuant to paragraph (1)(B), 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 finan cial loss as described in such paragraph, except that such amount may be reduced by any overpayment of benefits owed under this title, title II, or title XVI by the indi vidual.’’. (c) AMENDMENTS TO TITLE XVI.—Section 1632 of the Social Security Act (42 U.S.C. 1383a) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ‘‘(b)(1) Any Federal court, when sentencing a defendant con victed 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 Commissioner 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 1631(a)(2). ‘‘(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 under this subsection. In so applying such sections, the Commissioner of Social Security shall be considered the victim. ‘‘(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)(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 as miscellaneous receipts in the general fund of the Treasury. ‘‘(B) In the case of funds paid to the Commissioner of Social Security pursuant to paragraph (1)(B), 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 as described in such paragraph, except that such amount may be reduced by any overpayment of benefits owed under this title, title II, or title VIII by the individual.’’; and (3) by amending subsection (c) (as redesignated by para graph (1)) by striking ‘‘(1) If a person’’ and all that follows through ‘‘(2)’’. Certification. Applicability. Certification.
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