II 

Calendar No. 167 

114TH CONGRESS 

1ST SESSION S. 1576 

[Report No. 114–95] 

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, 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 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’’. 


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1 SEC. 2. REPRESENTATIVE PAYEE FRAUD. 

2 (a) IN GENERAL.— 

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

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

5 after section 8345 the following: 

6 ‘‘§ 8345a. Embezzlement or conversion of payments 

7 ‘‘(a) IN GENERAL.—It shall be unlawful for any per8 son that is authorized by the Office under section 8345(e) 

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

10 mentally incompetent or under other legal disability to em11 bezzle or in any manner convert all or any part of the 

12 amounts received from such payments to a use other than 

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

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

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

16 than 5 years, or both. 

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

18 or refusal to make and file proper accountings or reports 

19 concerning the amounts received from payments author20 ized under section 8345(e) as required by law shall be 

21 taken to be sufficient evidence prima facie of the embezzle22 ment or conversion of such amounts.’’. 

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

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

25 after section 8466 the following: 


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1 ‘‘§ 8466a. 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 8466(c) 

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 8466(c) as required by law shall be 

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

18 (3) TECHNICAL AND CONFORMING AMEND19 MENTS.— 

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

21 title 5, United States Code, is amended by in22 serting after the item relating to section 8345 

23 the following: 

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

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

25 title 5, United States Code, is amended by inVerDate Sep 11 2014 01:40 Jul 28, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1576.RS S1576

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1 serting after the item relating to section 8466 

2 the following: 

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

3 (b) LIMITATIONS ON APPOINTMENTS OF REP4 RESENTATIVE PAYEES.— 

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

6 States Code, is amended by inserting after sub7 section (e) the following: 

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

9 payments on behalf of a minor or individual of legal dis10 ability under subsection (e) if that person has been con11 victed of a violation of— 

12 ‘‘(1) section 8345a or 8466a; 

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

14 Act (42 U.S.C. 408 and 1632 1383a); or 

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

16 Code.’’. 

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

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

19 following: 

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

21 payments on behalf of a minor or individual of legal dis22 ability under subsection (c) if that person has been con23 victed of a violation of— 

24 ‘‘(1) section 8345a or 8466a; 


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

2 Act (42 U.S.C. 408 and 1632 1383a); or 

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

4 Code.’’. 


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Calendar No. 167 

114TH CONGRESS 

1ST SESSION S. 1576 

[Report No. 114–95] 

A BILL 

To amend title 5, United States Code, to prevent 

fraud by representative payees. 

JULY 27, 2015 

Reported with amendments 


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