[Congressional Record Volume 161, Number 126 (Wednesday, August 5, 2015)]
[Senate]
[Pages S6423-S6424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           REPRESENTATIVE PAYEE FRAUD PREVENTION ACT OF 2015

  Mr. GARDNER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 167, S. 1576.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1576) to amend title 5, United States Code, to 
     prevent fraud by representative payees.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts intended to be inserted in the bill are shown in 
italic.)

                                S. 1576

       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

[[Page S6424]]

     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.''.

  Mr. GARDNER. I ask unanimous consent that the committee-reported 
amendments be agreed to, the bill, as amended, be read a third time and 
passed, and that the motion to reconsider be considered made and laid 
upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The bill (S. 1576), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1576

       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 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 1383a); or
       ``(3) section 6101 of title 38, United States Code.''.

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