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


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1 SECTION 1. SHORT TITLE. 

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

3 Fraud Prevention Act of 2015’’. 

4 SEC. 2. REPRESENTATIVE PAYEE FRAUD. 

5 (a) IN GENERAL.— 

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

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

8 after section 8345 the following: 

9 ‘‘§ 8345a. Embezzlement or conversion of payments 

10 ‘‘(a) IN GENERAL.—It shall be unlawful for any per11 son that is authorized by the Office under section 8345(e) 

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

13 mentally incompetent or under other legal disability to em14 bezzle or in any manner convert all or any part of the 

15 amounts received from such payments to a use other than 

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

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

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

19 than 5 years, or both. 

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

21 or refusal to make and file proper accountings or reports 

22 concerning the amounts received from payments author23 ized under section 8345(e) as required by law shall be 

24 taken to be sufficient evidence prima facie of the embezzle25 ment or conversion of such amounts.’’. 


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

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

3 after section 8466 the following: 

4 ‘‘§ 8466a. Embezzlement or conversion of payments 

5 ‘‘(a) IN GENERAL.—It shall be unlawful for any per6 son that is authorized by the Office under section 8466(c) 

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

8 mentally incompetent or under other legal disability to em9 bezzle or in any manner convert all or any part of the 

10 amounts received from such payments to a use other than 

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

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

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

14 than 5 years, or both. 

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

16 or refusal to make and file proper accountings or reports 

17 concerning the amounts received from payments author18 ized under section 8466(c) as required by law shall be 

19 taken to be sufficient evidence prima facie of the embezzle20 ment or conversion of such amounts.’’. 

21 (3) TECHNICAL AND CONFORMING AMEND22 MENTS.— 

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

24 title 5, United States Code, is amended by inVerDate Sep 11 2014 20:46 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1576.RFH S1576

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1 serting after the item relating to section 8345 

2 the following: 

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

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

4 title 5, United States Code, is amended by in5 serting after the item relating to section 8466 

6 the following: 

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

7 (b) LIMITATIONS ON APPOINTMENTS OF REP8 RESENTATIVE PAYEES.— 

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

10 States Code, is amended by inserting after sub11 section (e) the following: 

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

13 payments on behalf of a minor or individual of legal dis14 ability under subsection (e) if that person has been con15 victed of a violation of— 

16 ‘‘(1) section 8345a or 8466a; 

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

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

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

20 Code.’’. 

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

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

23 following: 


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

2 payments on behalf of a minor or individual of legal dis3 ability under subsection (c) if that person has been con4 victed of a violation of— 

5 ‘‘(1) section 8345a or 8466a; 

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

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

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

9 Code.’’. 

Passed the Senate August 5, 2015. 

Attest: JULIE E. ADAMS, 

Secretary. 


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