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 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•S 1576 RH

A BILL 

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

by representative payees. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
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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: 

11 ‘‘§ 8345a. Embezzlement or conversion of payments 

12 ‘‘(a) IN GENERAL.—It shall be unlawful for any per13 son that is authorized by the Office under section 8345(e) 

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

15 mentally incompetent or under other legal disability to em16 bezzle or in any manner convert all or any part of the 

17 amounts received from such payments to a use other than 

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

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

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

21 than 5 years, or both. 

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

23 or refusal to make and file proper accountings or reports 

24 concerning the amounts received from payments author25 ized under section 8345(e) as required by law shall be 


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1 taken to be sufficient evidence prima facie of the embezzle2 ment or conversion of such amounts.’’. 

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

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

5 after section 8466 the following: 

6 ‘‘§ 8466a. 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 8466(c) 

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 8466(c) as required by law shall be 

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

23 (3) TECHNICAL AND CONFORMING AMEND24 MENTS.— 


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

2 title 5, United States Code, is amended by in3 serting after the item relating to section 8345 

4 the following: 

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

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

6 title 5, United States Code, is amended by in7 serting after the item relating to section 8466 

8 the following: 

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

9 (b) LIMITATIONS ON APPOINTMENTS OF REP10 RESENTATIVE PAYEES.— 

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

12 States Code, is amended by inserting after sub13 section (e) the following: 

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

15 payments on behalf of a minor or individual of legal dis16 ability under subsection (e) if that person has been con17 victed of a violation of— 

18 ‘‘(1) section 8345a or 8466a; 

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

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

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

22 Code.’’. 


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

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

3 following: 

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

5 payments on behalf of a minor or individual of legal dis6 ability under subsection (c) 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 1383a); or 

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

12 Code.’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS

asabaliauskas on DSK3SPTVN1PROD with BILLS
Union Calendar No. 707 

114TH CONGRESS 

2D SESSION S. 1576 

[Report No. 114–695, Part I] 

A BILL 

To amend title 5, United States Code, to prevent 

fraud by representative payees. 

DECEMBER 30, 2016 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


asabaliauskas on DSK3SPTVN1PROD with BILLS