II 

114TH CONGRESS 

1ST SESSION S. 1576 

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

payees. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Representative Payee 

5 Fraud Prevention Act of 2015’’. 

6 SEC. 2. REPRESENTATIVE PAYEE FRAUD. 

7 (a) IN GENERAL.— 

8 (1) CSRS.—Subchapter III of chapter 83 of 

9 title 5, United States Code, is amended by inserting 

10 after section 8345 the following: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 1576 IS

1 ‘‘§ 8345a. Embezzlement or conversion of payments 

2 ‘‘(a) IN GENERAL.—It shall be unlawful for any per3 son that is authorized by the Office under section 8345(e) 

4 to receive payments on behalf of a minor or an individual 

5 mentally incompetent or under other legal disability to em6 bezzle or in any manner convert all or any part of the 

7 amounts received from such payments to a use other than 

8 for the use and benefit of such minor or individual. 

9 ‘‘(b) PENALTY.—Any person who violates subsection 

10 (a) shall be fined under title 18, imprisoned for not more 

11 than 5 years, or both. 

12 ‘‘(c) PRIMA FACIE EVIDENCE.—Any willful neglect 

13 or refusal to make and file proper accountings or reports 

14 concerning the amounts received from payments author15 ized under section 8345(e) as required by law shall be 

16 taken to be sufficient evidence prima facie of the embezzle17 ment or conversion of such amounts.’’. 

18 (2) FERS.—Subchapter VI of chapter 84 of 

19 title 5, United States Code, is amended by inserting 

20 after section 8466 the following: 

21 ‘‘§ 8466a. Embezzlement or conversion of payments 

22 ‘‘(a) IN GENERAL.—It shall be unlawful for any per23 son that is authorized by the Office under section 8466(c) 

24 to receive payments on behalf of a minor or an individual 

25 mentally incompetent or under other legal disability to em26 bezzle or in any manner convert all or any part of the 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 1576 IS

1 amounts received from such payments to a use other than 

2 for the use and benefit of such minor or individual. 

3 ‘‘(b) PENALTY.—Any person who violates subsection 

4 (a) shall be fined under title 18, imprisoned for not more 

5 than 5 years, or both. 

6 ‘‘(c) PRIMA FACIE EVIDENCE.—Any willful neglect 

7 or refusal to make and file proper accountings or reports 

8 concerning the amounts received from payments author9 ized under section 8466(c) as required by law shall be 

10 taken to be sufficient evidence prima facie of the embezzle11 ment or conversion of such amounts.’’. 

12 (3) TECHNICAL AND CONFORMING AMEND13 MENTS.— 

14 (A) The table of sections for chapter 83 of 

15 title 5, United States Code, is amended by in16 serting after the item relating to section 8345 

17 the following: 

‘‘8345a. Embezzlement or conversion of payments.’’. 

18 (B) The table of sections for chapter 84 of 

19 title 5, United States Code, is amended by in20 serting after the item relating to section 8466 

21 the following: 

‘‘8466a. Embezzlement or conversion of payments.’’. 

22 (b) LIMITATIONS ON APPOINTMENTS OF REP23 RESENTATIVE PAYEES.— 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•S 1576 IS

1 (1) CSRS.—Section 8345 of title 5, United 

2 States Code, is amended by inserting after sub3 section (e) the following: 

4 ‘‘(f) The Office may not authorize a person to receive 

5 payments on behalf of a minor or individual of legal dis6 ability under subsection (e) if that person has been con7 victed of a violation of— 

8 ‘‘(1) section 8345a or 8466a; 

9 ‘‘(2) section 208 or 1632 of the Social Security 

10 Act (42 U.S.C. 408 and 1632); or 

11 ‘‘(3) section 6101 of title 38, United States 

12 Code.’’. 

13 (2) FERS.—Section 8466 of title 5, United 

14 States Code, is amended by adding at the end the 

15 following: 

16 ‘‘(d) The Office may not authorize a person to receive 

17 payments on behalf of a minor or individual of legal dis18 ability under subsection (c) if that person has been con19 victed of a violation of— 

20 ‘‘(1) section 8345a or 8466a; 

21 ‘‘(2) section 208 or 1632 of the Social Security 

22 Act (42 U.S.C. 408 and 1632); or 

23 ‘‘(3) section 6101 of title 38, United States 

24 Code.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS