[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3491 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3491

 To amend the Federal Employees' Compensation Act, and title 18 of the 
              United States Code, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1993

 Mr. Fawell (for himself, Mr. Goodling, and Mr. Ballenger) introduced 
  the following bill; which was referred jointly to the Committees on 
                 Education and Labor and the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Employees' Compensation Act, and title 18 of the 
              United States Code, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FECA Fraud Deterrence Act''.

SEC. 2. DETERRENCE OF FRAUD AND ABUSE IN THE FECA PROGRAM.

    (a) Section 8102.--Section 8102 of title 5, United States Code, is 
amended by redesignating subsection (b) as subsection (c), and by 
adding after subsection (a) the following:
    ``(b) An individual convicted of a violation of section 1920 of 
title 18, United States Code, or of any other fraud related to the 
application for or receipt of benefits under subchapter I or III of 
this chapter shall, as of the date of the conviction, forfeit all 
entitlement to any prospective benefits provided by subchapter I or III 
of this chapter for any injury occurring on or before the date of the 
conviction. Such a forfeiture of benefits shall be in addition to any 
action the Secretary may take under section 8106 or 8129 of title 5, 
United States Code.''.
    (b) Section 8116(e).--Section 8116 of title 5, United States Code, 
is amended by adding at the end the following:
    ``(e) Notwithstanding any other provision of this title, no 
benefits under this subchapter shall be paid or provided to any 
individual during any period during which such individual is confined 
in a jail, prison, or other penal institution or correctional facility 
pursuant to that individual's conviction of an offense that constituted 
a felony under applicable law, except where such individual has one or 
more dependents within the meaning of section 8110, in which case the 
Secretary may, during the period of incarceration, pay to such 
dependents a percentage of the benefits that would have been payable to 
such individual computed according to the percentages set forth in 
paragraphs (1) through (5) of section 8133(a).''.
    (c) Section 8116(f).--Section 8116 of title 5, United States Code, 
as amended by subsection (b), is further amended by adding at the end 
the following:
    ``(f) Notwithstanding the provisions of section 552a or any other 
provision of Federal or State law, any agency of the United States 
Government or of any State (or political subdivision thereof) shall 
make available to the Secretary, upon written request, the names and 
social security account numbers of any individual, who is confined in a 
jail, prison, or other penal institution or correctional facility under 
the jurisdiction of such agency, pursuant to the individual's 
conviction of an offense that constituted a felony under applicable 
law, which the Secretary may require to carry out the provisions of 
this subsection.''.
    (d) Section 1920.--The text of section 1920 of title 18, United 
States Code, is amended to read as follows: ``Whoever knowingly and 
willfully falsifies, conceals, or covers up a material fact or makes a 
false, fictitious, or fraudulent statement or representation, or makes 
or uses a false statement or report knowing the same to contain any 
false, fictitious, or fraudulent statement or entry in connection with 
the application for or receipt of compensation or other benefit or 
payment under subchapter I or III of chapter 81 of title 5, United 
States Code, shall be guilty of a felony, and on conviction thereof 
shall be punished by a fine of not more than $250,000, or by 
imprisonment for not more than 5 years, or both.''.

SEC. 3. EFFECTIVE DATE.

    (a) Section 2(a).--The amendments made by section 2(a) shall be 
effective on the date of enactment of this Act and shall apply to 
actions taken on or after such date of enactment both with respect to 
claims filed after such date and to claims pending on such date.
    (b) Sections 2(b) and 2(c).--The amendments made by sections 2(b) 
and 2(c) shall be effective on the date of enactment of this Act and 
shall apply to any person convicted or imprisoned on or after the date 
of enactment of this Act.
    (c) Section 2(d).--The amendment made by section 2(d) shall be 
effective on the date of enactment of this Act and shall apply to any 
claim, statement, representation, report, or other written document 
submitted in connection with a claim filed under subchapter I or III of 
chapter 81 of title 5, United States Code.

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