
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1383a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XVI--SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND 
                                DISABLED
 
                Part B--Procedural and General Provisions
 
Sec. 1383a. Fraudulent acts; penalties; restitution

    (a) Whoever--
        (1) knowingly and willfully makes or causes to be made any false 
    statement or representation of a material fact in any application 
    for any benefit under this subchapter,
        (2) at any time knowingly and willfully makes or causes to be 
    made any false statement or representation of a material fact for 
    use in determining rights to any such benefit,
        (3) having knowledge of the occurrence of any event affecting 
    (A) his initial or continued right to any such benefit, or (B) the 
    initial or continued right to any such benefit of any other 
    individual in whose behalf he has applied for or is receiving such 
    benefit, conceals or fails to disclose such event with an intent 
    fraudulently to secure such benefit either in a greater amount or 
    quantity than is due or when no such benefit is authorized, or
        (4) having made application to receive any such benefit for the 
    use and benefit of another and having received it, knowingly and 
    willfully converts such benefit or any part thereof to a use other 
    than for the use and benefit of such other person,

shall be fined under title 18, imprisoned not more than 5 years, or 
both.
    (b)(1) If a person or entity violates subsection (a) of this section 
in the person's or entity's role as, or in applying to become, a 
representative payee under section 1383(a)(2) of this title on behalf of 
another individual (other than the person's eligible spouse), and the 
violation includes a willful misuse of funds by the person or entity, 
the court may also require that full or partial restitution of funds be 
made to such other individual.
    (2) Any person or entity convicted of a violation of subsection (a) 
of this section or of section 408 of this title may not be certified as 
a representative payee under section 1383(a)(2) of this title.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1632, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1478; amended Pub. L. 98-
460, Sec. 16(c)(1), Oct. 9, 1984, 98 Stat. 1810; Pub. L. 103-296, title 
II, Sec. 206(c)(1), (2), Aug. 15, 1994, 108 Stat. 1513.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-296, Sec. 206(c)(1), inserted closing 
provisions and struck out former closing provisions which read as 
follows: ``shall be guilty of a misdemeanor and upon conviction thereof 
shall be fined not more than $1,000 or imprisoned for not more than one 
year, or both.''
    Subsec. (b). Pub. L. 103-296, Sec. 206(c)(2), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows:
    ``(b)(1) Any person or other entity who is convicted of a violation 
of any of the provisions of paragraphs (1) through (4) of subsection (a) 
of this section, if such violation is committed by such person or entity 
in his role as, or in applying to become, a payee under section 
1383(a)(2) of this title on behalf of another individual (other than 
such person's eligible spouse), in lieu of the penalty set forth in 
subsection (a) of this section--
        ``(A) upon his first such conviction, shall be guilty of a 
    misdemeanor and shall be fined not more than $5,000 or imprisoned 
    for not more than one year, or both; and
        ``(B) upon his second or any subsequent such conviction, shall 
    be guilty of a felony and shall be fined not more than $25,000 or 
    imprisoned for not more than five years, or both.
    ``(2) In any case in which the court determines that a violation 
described in paragraph (1) includes a willful misuse of funds by such 
person or entity, the court may also require that full or partial 
restitution of such funds be made to the individual for whom such person 
or entity was the certified payee.
    ``(3) Any person or entity convicted of a felony under this section 
or under section 408 of this title may not be certified as a payee under 
section 1383(a)(2) of this title.''
    1984--Pub. L. 98-460 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1994 Amendment

    Section 206(c)(3) of Pub. L. 103-296 provided that: ``The amendments 
made by this subsection [amending this section] shall apply to conduct 
occurring on or after October 1, 1994.''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-460 effective Oct. 9, 1984, and applicable 
with respect to violations occurring on or after such date, see section 
16(d) of Pub. L. 98-460, set out as a note under section 405 of this 
title.


                             Effective Date

    Section 301 of Pub. L. 92-603 provided that this section is 
effective Jan. 1, 1974.


                 Application to Northern Mariana Islands

    For applicability of this section to the Northern Mariana Islands, 
see section 502(a)(1) of the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as 
notes under section 1801 of Title 48, Territories and Insular 
Possessions.


                  Puerto Rico, Guam, and Virgin Islands

    Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not 
applicable to Puerto Rico, Guam, and the Virgin Islands, see section 
303(b) of Pub. L. 92-603, set out as a note under section 301 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 405, 408, 1007, 1320b-6, 
1383 of this title.
