[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1576 Reported in Senate (RS)]

                                                       Calendar No. 167
114th CONGRESS
  1st Session
                                S. 1576

                          [Report No. 114-95]

       To amend title 5, United States Code, to prevent fraud by 
                         representative payees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2015

 Mr. Lankford (for himself, Ms. Heitkamp, and Mr. Johnson) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

                             July 27, 2015

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
       To amend title 5, United States Code, to prevent fraud by 
                         representative payees.

    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 ``Representative Payee Fraud 
Prevention Act of 2015''.

SEC. 2. REPRESENTATIVE PAYEE FRAUD.

    (a) In General.--
            (1) CSRS.--Subchapter III of chapter 83 of title 5, United 
        States Code, is amended by inserting after section 8345 the 
        following:
``Sec. 8345a. Embezzlement or conversion of payments
    ``(a) In General.--It shall be unlawful for any person that is 
authorized by the Office under section 8345(e) to receive payments on 
behalf of a minor or an individual mentally incompetent or under other 
legal disability to embezzle or in any manner convert all or any part 
of the amounts received from such payments to a use other than for the 
use and benefit of such minor or individual.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under title 18, imprisoned for not more than 5 years, or both.
    ``(c) Prima Facie Evidence.--Any willful neglect or refusal to make 
and file proper accountings or reports concerning the amounts received 
from payments authorized under section 8345(e) as required by law shall 
be taken to be sufficient evidence prima facie of the embezzlement or 
conversion of such amounts.''.
            (2) FERS.--Subchapter VI of chapter 84 of title 5, United 
        States Code, is amended by inserting after section 8466 the 
        following:
``Sec. 8466a. Embezzlement or conversion of payments
    ``(a) In General.--It shall be unlawful for any person that is 
authorized by the Office under section 8466(c) to receive payments on 
behalf of a minor or an individual mentally incompetent or under other 
legal disability to embezzle or in any manner convert all or any part 
of the amounts received from such payments to a use other than for the 
use and benefit of such minor or individual.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under title 18, imprisoned for not more than 5 years, or both.
    ``(c) Prima Facie Evidence.--Any willful neglect or refusal to make 
and file proper accountings or reports concerning the amounts received 
from payments authorized under section 8466(c) as required by law shall 
be taken to be sufficient evidence prima facie of the embezzlement or 
conversion of such amounts.''.
            (3) Technical and conforming amendments.--
                    (A) The table of sections for chapter 83 of title 
                5, United States Code, is amended by inserting after 
                the item relating to section 8345 the following:

``8345a. Embezzlement or conversion of payments.''.
                    (B) The table of sections for chapter 84 of title 
                5, United States Code, is amended by inserting after 
                the item relating to section 8466 the following:

``8466a. Embezzlement or conversion of payments.''.
    (b) Limitations on Appointments of Representative Payees.--
            (1) CSRS.--Section 8345 of title 5, United States Code, is 
        amended by inserting after subsection (e) the following:
    ``(f) The Office may not authorize a person to receive payments on 
behalf of a minor or individual of legal disability under subsection 
(e) if that person has been convicted of a violation of--
            ``(1) section 8345a or 8466a;
            ``(2) section 208 or 1632 of the Social Security Act (42 
        U.S.C. 408 and 1632 1383a); or
            ``(3) section 6101 of title 38, United States Code.''.
            (2) FERS.--Section 8466 of title 5, United States Code, is 
        amended by adding at the end the following:
    ``(d) The Office may not authorize a person to receive payments on 
behalf of a minor or individual of legal disability under subsection 
(c) if that person has been convicted of a violation of--
            ``(1) section 8345a or 8466a;
            ``(2) section 208 or 1632 of the Social Security Act (42 
        U.S.C. 408 and 1632 1383a); or
            ``(3) section 6101 of title 38, United States Code.''.
                                                       Calendar No. 167

114th CONGRESS

  1st Session

                                S. 1576

                          [Report No. 114-95]

_______________________________________________________________________

                                 A BILL

       To amend title 5, United States Code, to prevent fraud by 
                         representative payees.

_______________________________________________________________________

                             July 27, 2015

                        Reported with amendments