118 STAT. 508 PUBLIC LAW 108–203—MAR. 2, 2004 (C) by inserting ‘‘or each receipt of such benefits or payments while withholding disclosure of such fact’’ after ‘‘each such statement or representation’’ in the first sen tence; (D) by inserting ‘‘or because of such withholding of disclosure of a material fact’’ after ‘‘because of such state ment or representation’’ in the second sentence; and (E) by inserting ‘‘or such a withholding of disclosure’’ after ‘‘such a statement or representation’’ in the second sentence. (2) ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES.— Section 1129A(a) of such Act (42 U.S.C. 1320a–8a(a)) is amended— (A) by striking ‘‘who’’ the first place it appears and inserting ‘‘who—’’; and (B) by striking ‘‘makes’’ and all that follows through ‘‘shall be subject to,’’ and inserting the following: ‘‘(1) makes, or causes to be made, a statement or represen tation of a material fact, for use in determining 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 person knows or should know is material to the determination of any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title XVI, if the person knows, or should know, that the state ment or representation with such omission is false or mis leading or that the withholding of such disclosure is misleading, shall be subject to,’’. (b) 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 VIII or XVI,’’ and inserting ‘‘In the case of any other amounts recovered under this section,’’. (c) 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 representations’’ and inserting ‘‘, representations, or actions’’. (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 subsection (a) was made’’ and inserting ‘‘violation occurred’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to violations committed after the date on which the Commissioner of Social Security implements the cen tralized computer file described in section 202. Applicability. 42 USC 1320a–8 note.
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