Representative Payee Fraud Prevention Act of 2015

Bill: 114-s-1576
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2015-06-15
Policy area: Government Operations and Politics
Subjects: Accounting and auditing

Disability and paralysis

Employee benefits and pensions

Evidence and witnesses

Fraud offenses and financial crimes

Government employee pay, benefits, personnel management
Latest action: action_date: 2016-12-30
text: Placed on the Union Calendar, Calendar No. 707.

Summaries:
action_date: 2015-06-15
action_desc: Introduced in Senate
text: <p><strong>Representative Payee Fraud Prevention Act of 2015</strong></p> <p>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. </p> <p>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. </p> <p>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.</p>

action_date: 2015-07-27
action_desc: Reported to Senate with amendment(s)
text: <p><strong>Representative Payee Fraud Prevention Act of 2015</strong></p> <p>(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.</p> <p>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. </p> <p>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.</p>

action_date: 2015-08-05
action_desc: Passed Senate amended
text: <p>(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.)</p> <p><strong>Representative Payee Fraud Prevention Act of 2015</strong></p> <p>(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. </p> <p>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. </p> <p>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.</p>

action_date: 2016-07-21
action_desc: Reported to House without amendment
text: <p>(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.)</p> <p><strong>Representative Payee Fraud Prevention Act of 2015</strong></p> <p>(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. </p> <p>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. </p> <p>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.</p>

tv_txt: II 114th CONGRESS 1st Session S. 1576 IN THE SENATE OF THE UNITED STATES June 15, 2015 Mr. Lankford (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. .

tv_txt: II Calendar No. 167 114th CONGRESS 1st Session S. 1576 [Report No. 114–95] 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.

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 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. .

July 27, 2015 Reported with amendments

tv_txt: 114th CONGRESS 1st Session S. 1576 IN THE SENATE OF THE UNITED STATES AN ACT 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 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. .

Passed the Senate August 5, 2015. Secretary

tv_txt: IC 114th CONGRESS 1st Session S. 1576 IN THE HOUSE OF REPRESENTATIVES September 8, 2015 Referred to the Committee on Oversight and Government Reform AN ACT 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 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. .

Passed the Senate August 5, 2015. Julie E. Adams, Secretary

tv_txt: ID Union Calendar No. 707 114th CONGRESS 2d Session S. 1576 [Report No. 114–695, Part I] IN THE HOUSE OF REPRESENTATIVES September 8, 2015 Referred to the Committee on Oversight and Government Reform July 21, 2016 Reported and referred to the Committee on the Judiciary for a period ending not later than December 31, 2016, for consideration of such provisions of the bill as fall within that committee’s jurisdiction under clause 1(I) of Rule X December 30, 2016 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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 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 discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed