[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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