skip to main content

S. 1576 (114th): Representative Payee Fraud Prevention Act of 2015

The text of the bill below is as of Jun 15, 2015 (Introduced).


II

114th CONGRESS

1st Session

S. 1576

IN THE SENATE OF THE UNITED STATES

June 15, 2015

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

A BILL

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

1.

Short title

This Act may be cited as the Representative Payee Fraud Prevention Act of 2015.

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:

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:

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); 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); or

(3)

section 6101 of title 38, United States Code.

.