mining any initial or continuing right to or the
amount of monthly insurance benefits under title II
or benefits or payments under title XVI, that the
person knows or should know is false or misleading,
‘‘(2) makes such a statement or representation
for such use with knowing disregard for the truth,
or
‘‘(3) omits from a statement or representation
for such use, or otherwise withholds disclosure of, a
fact which the individual knows or should know is
material to the determination of any initial or con-
tinuing right to or the amount of monthly insurance
benefits under title II or benefits or payments under
title XVI and the individual knows, or should know,
that the statement or representation with such omis-
sion is false or misleading or that the withholding of
such disclosure is misleading,
shall be subject to,’’.
(b) APPLICATION OF CIVIL MONEY PENALTIES TO
ELEMENTS OF CRIMINAL VIOLATIONS.—Section 1129(a)
of such Act (42 U.S.C. 1320a–8(a)) is amended further—
(1) by redesignating paragraph (2) as para-
graph (4);
(2) by designating the last sentence of para-
graph (1) as a new paragraph (2), appearing after
and below paragraph (1); and
(3) by inserting after paragraph (2) (as des-
ignated under paragraph (2) of this subsection) the
following:
‘‘(3) Any person (including an organization, agency,
or other entity) who—
‘‘(A) uses a social security account number that
such person knows or should know has been as-
signed by the Commissioner of Social Security (in an
exercise of authority under section 205(c)(2) to es-
tablish and maintain records) on the basis of false
information furnished to the Commissioner by any
person;
‘‘(B) falsely represents a number to be the so-
cial security account number assigned by the Com-
missioner of Social Security to any individual, when
such person knows or should know that such number
is not the social security account number assigned
by the Commissioner to such individual;
‘‘(C) knowingly alters a social security card
issued by the Commissioner of Social Security, or
possesses such a card with intent to alter it;
‘‘(D) knowingly buys or sells a card that is, or
purports to be, a card issued by the Commissioner
of Social Security, or possesses such a card with in-
tent to buy or sell it;
‘‘(E) counterfeits a social security card, or pos-
sesses a counterfeit social security card with intent
to buy or sell it;
‘‘(F) discloses, uses, compels the disclosure of,
or knowingly sells or purchases the social security
account number of any person in violation of the
laws of the United States;
‘‘(G) with intent to deceive the Commissioner of
Social Security as to such person’s true identity (or
the true identity of any other person) furnishes or
causes to be furnished false information to the Com-
missioner with respect to any information required
by the Commissioner in connection with the estab-
lishment and maintenance of the records provided
for in section 205(c)(2);
‘‘(H) offers, for a fee, to acquire for any indi-
vidual, or to assist in acquiring for any individual,
an additional social security account number or a
number which purports to be a social security ac-
count number; or
‘‘(I) being an officer or employee of any agency
of the Federal Government or of a State or political
subdivision thereof in possession of any individual’s
social security account number, willfully acts or fails
to act so as to cause a violation by such agency of
clause (vi)(II), (viii)(V), (x), or (xi) of section
205(c)(2)(C);
shall be subject to, in addition to any other penalties that
may be prescribed by law, a civil money penalty of not
more than $5,000 for each violation. Such person shall
also be subject to an assessment, in lieu of damages sus-
tained by the United States resulting from such violation,
of not more than twice the amount of any benefits or pay-
ments paid as a result of such violation.’’.
(c) CLARIFICATION OF TREATMENT OF RECOVERED
AMOUNTS.—Section 1129(e)(2)(B) of such Act (42
U.S.C. 1320a–8(e)(2)(B)) is amended by striking ‘‘In the
case of amounts recovered arising out of a determination
relating to title XVI,’’ and inserting ‘‘In the case of any
other amounts recovered under this section,’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 1129(b)(3)(A) of such Act (42
U.S.C. 1320a–8(b)(3)(A)) is amended by striking
‘‘charging fraud or false statements’’.
(2) Section 1129(c)(1) of such Act (42 U.S.C.
1320a–8(c)(1)) is amended by striking ‘‘and rep-
resentations’’ and inserting ‘‘, representations, or ac-
tions’’.
(3) Section 1129(e)(1)(A) of such Act (42
U.S.C. 1320a–8(e)(1)(A)) is amended by striking
‘‘statement or representation referred to in sub-
section (a) was made’’ and inserting ‘‘violation oc-
curred’’.
(e) EFFECTIVE DATES.—The amendments made by
this section shall apply with respect to violations com-
mitted after the date of the enactment of this Act, except
that section 1129(a)(3)(I) of the Social Security Act
(added by subsection (b)) shall apply with respect to viola-
tions occurring on or after the effective date provided in
connection with such violations under section 101.
SEC. 105. AUTHORITY FOR JUDICIAL ORDERS OF RESTITU-
TION.
(a) AMENDMENTS TO TITLE II.—Section 208 of the
Social Security Act (42 U.S.C. 408) is amended—
(1) by redesignating subsections (b), (c), and
(d) as subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the fol-
lowing new subsection:
‘‘(b)(1) Any Federal court, when sentencing a defend-
ant convicted of an offense under subsection (a), may
order, in addition to or in lieu of any other penalty author-
ized by law, that the defendant make restitution to the
Social Security Administration.
‘‘(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 Social
Security Administration shall be considered the victim.
‘‘(3) If the court does not order restitution, or orders
only partial restitution, under this section, the court shall
state on the record the reasons therefor.’’.
(b) AMENDMENTS TO TITLE XVI.—Section 1632 of
such Act (42 U.S.C. 1383a) is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the fol-
lowing new subsection:
‘‘(b)(1) Any Federal court, when sentencing a defend-
ant convicted of an offense under subsection (a), may
order, in addition to or in lieu of any other penalty author-
ized by law, that the defendant make restitution to the
Social Security Administration.
‘‘(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, and the So-
cial Security Administration shall be considered the vic-
tim.
‘‘(3) If the court does not order restitution, or orders
only partial restitution, under this section, the court shall
state on the record the reasons therefor.’’.
(c) SPECIAL ACCOUNT FOR RECEIPT OF RESTITU-
TION PAYMENTS.—Section 704(b) of such Act (42 U.S.C.
904(b)) is amended by adding at the end the following
new paragraph:
‘‘(3)(A) Except as provided in subparagraph (B),
amounts received by the Social Security Administration
pursuant to an order of restitution under section 208(b)
or 1632(b) shall be credited to a special fund established
in the Treasury of the United States for amounts so re-
ceived or recovered. The amounts so credited, to the extent
and in the amounts provided in advance in appropriations
Acts, shall be available to defray expenses incurred in car-
rying out title II and title XVI.
‘‘(B) Subparagraph (A) shall not apply with respect
to amounts received in connection with misuse by a rep-
resentative payee (within the meaning of sections 205(j)
and 1631(a)(2)) of funds paid as benefits under title II
or XVI. Such amounts received in connection with misuse
of funds paid as benefits under title II shall be transferred
to the Managing Trustee of the Federal Old-Age and Sur-
vivors Insurance Trust Fund or the Federal Disability In-
surance Trust Fund, as determined appropriate by the
Commissioner of Social Security, and such amounts shall
be deposited by the Managing Trustee into such Trust
Fund. All other such amounts shall be deposited by the
Commissioner into the general fund of the Treasury as
miscellaneous receipts.’’.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply with respect to viola-
tions occurring on or after the date of the enactment of
this Act.
SEC. 106. CONFIDENTIAL TREATMENT OF CREDIT HEADER
INFORMATION.
(a) IN GENERAL.—Section 603(d) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(d)) is amended by insert-
ing after the first sentence the following: ‘‘The term also
includes information regarding the social security account
number of the consumer or any derivative thereof.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect 90 days after the date of the
enactment of this Act.
SEC. 107. LAW ENFORCEMENT AUTHORITY FOR THE OF-
FICE OF THE INSPECTOR GENERAL OF THE
SOCIAL SECURITY ADMINISTRATION.
Section 702(e) of the Social Security Act (42 U.S.C.
902(e)) is amended—
(1) by inserting ‘‘(1) IN
GENERAL.—’’ after
‘‘(e)’’; and
(2) by adding at the end the following:
‘‘(2) LAW ENFORCEMENT AUTHORITY.—
‘‘(A) SPECIFIC DESIGNATIONS.—The Inspector
General may designate one or more special agents in
the Office of the Inspector General to exercise the
authorities specified in subparagraph (B).
‘‘(B) AUTHORITIES.—A special agent in the Of-
fice of the Inspector General who is designated
under subparagraph (A) may—
‘‘(i) carry firearms,
‘‘(ii) execute and serve any warrant or
other process issued under the authority of the
United States, and
‘‘(iii) make arrests without warrant for—
‘‘(I) any offense against the United
States committed in the special agent’s
presence, or
‘‘(II) any offense punishable under
Federal law by imprisonment for more
than 1 year, if the special agent has prob-
able cause to believe that the person to be
arrested has committed or is committing
the offense.
‘‘(C) SPECIAL
AGENT.—For purposes of this
paragraph, the term ‘special agent’ means an em-
ployee in the Office of the Inspector General whose
duties include conducting, supervising, and coordi-
nating investigations of criminal activity in the pro-
grams and operations of the Administration.
‘‘(D) USE OF STATE OR LOCAL LAW ENFORCE-
MENT OFFICERS.—
‘‘(i) IN GENERAL.—Any State or local law
enforcement officer designated by the Inspector
General, while assisting a special agent des-
ignated under subparagraph (A), may exercise
the authorities provided under subparagraph
(B).
‘‘(ii) APPLICABILITY OF PROVISIONS GOV-
ERNING FEDERAL EMPLOYEES.—
‘‘(I) IN GENERAL.—Any such officer
shall not be deemed a Federal employee,
and, subject to subclause (II), shall not be
subject to provisions of law relating to
Federal employees, solely by reason of the
exercise by such officer of any such author-
ity.
‘‘(II) APPLICABILITY
OF
CERTAIN
PROVISIONS.—While exercising such au-
thority, such officer shall be subject to sub-
section (c) of section 3374 of title 5,
United States Code, as if such officer were
assigned and appointed as described in
such section, except that nothing in this
clause shall be construed to authorize Fed-
eral pay or other compensation for such of-
ficer.
‘‘(E) GUIDELINES ON EXERCISE OF AUTHORI-
TIES.—The authorities provided under subparagraph
(B) shall be exercised in accordance with guidelines
prescribed by the Inspector General and approved by
the Attorney General of the United States.’’.
TITLE 
II—PROVISIONS 
RELAT-
ING 
TO 
REPRESENTATIVE
PAYEES
SECTION 201. AUTHORITY TO REISSUE BENEFITS MISUSED
BY ORGANIZATIONAL REPRESENTATIVE PAY-
EES.
(a) OASDI AMENDMENT.—Section 205(j)(5) of the
Social Security Act (42 U.S.C. 405(j)(5)) is amended by
inserting after the first sentence the following new sen-
tence: ‘‘In any case in which a representative payee—
‘‘(i) that is not an individual (regardless of
whether it is a ‘qualified organization’ within the
meaning of paragraph (4)(B)); or
‘‘(ii) is an individual who, for any month during
a period when misuse occurs, serves 10 or more indi-
viduals who are beneficiaries under title II, title
XVI, title VIII, or any combination of such titles;
misuses all or part of an individual’s benefit paid to such
representative payee, the Commissioner of Social Security
shall certify for payment to the beneficiary or the bene-
ficiary’s alternative representative payee an amount equal
to the amount of such benefit so misused. The provisions
of this paragraph are subject to the limitations of para-
graph (6)(B).’’.
(b) SSI AMENDMENT.—Section 1631(a)(2)(E) of
such Act (42 U.S.C. 1383(a)(2)(E)) is amended by insert-
ing after the first sentence the following new sentence: ‘‘In
any case in which a representative payee—
‘‘(i) that is not an individual (regardless of
whether it is a ‘qualified organization’ within the
meaning of subparagraph (D)(ii)); or
‘‘(ii) is an individual who, for any month during
a period when misuse occurs, serves 10 or more indi-