Representative Payee Fraud Prevention Act of 2015

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 section 8345 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 section 8466 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 section 8345 8345a. Embezzlement or conversion of payments. . (B) The table of sections for chapter 84 section 8466 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. . December 30, 2016 The Committee on the Judiciary

Summary: (This measure has not been amended since it was reported to the Senate on July 27, 2015. The summary of that version is repeated here.) Representative Payee Fraud Prevention Act of 2015 (Sec. 2) Prohibits any person authorized by the Office of Personnel Management (OPM) to receive federal retirement payments on behalf of a minor or an individual of legal disability from embezzling or in any manner converting any amounts from such payments to a use other than for the benefit of such minor or individual. Considers any willful neglect or refusal to make and file proper accountings or reports concerning such payments as required by law to be prima facie evidence of the embezzlement or prohibited conversion of such amounts. Prohibits OPM from authorizing a person to receive payments on behalf of a minor or individual of legal disability if that person has been convicted of: (1) a violation of this Act, (2) fraud under the Social Security Act, or (3) misappropriation as a fiduciary under veterans' benefits provisions.