II 
116TH CONGRESS 
2D SESSION 
H. R. 5214 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 10, 2020 
Received 
AN ACT 
To amend title 5, United States Code, to prevent fraud 
by representative payees. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Representative Payee 
Fraud Prevention Act of 2019’’. 
SEC. 2. REPRESENTATIVE PAYEE FRAUD. 
(a) DEFINITIONS.— 
(1) CSRS.—Section 8331 of title 5, United 
States Code, is amended— 
(A) in paragraph (31), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (32), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(33) ‘representative payee’ means a person 
(including an organization) designated under section 
8345(e)(1) to receive payments on behalf of a minor 
or an individual mentally incompetent or under other 
legal disability.’’. 
(2) FERS.—Section 8401 of title 5, United 
States Code, is amended— 
(A) in paragraph (37), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (38), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(39) ‘representative payee’ means a person 
(including an organization) designated under section 
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8466(c)(1) to receive payments on behalf of a minor 
or an individual mentally incompetent or under other 
legal disability.’’. 
(b) EMBEZZLEMENT OR CONVERSION.— 
(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) EMBEZZLING AND CONVERSION GENERALLY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for a 
representative payee to embezzle or in any manner 
convert all or any part of the amounts received from 
payments received as a representative payee to a use 
other than for the use and benefit of the minor or 
individual on whose behalf such payments were re-
ceived. 
‘‘(2) REVOCATION.—If the Office determines 
that a representative payee has embezzled or con-
verted payments as described in paragraph (1), the 
Office shall promptly— 
‘‘(A) revoke the certification for payment 
of benefits to the representative payee; and 
‘‘(B) certify payment— 
‘‘(i) to another representative payee; 
or 
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‘‘(ii) if the interest of the individual 
under this title would be served thereby, to 
the individual. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a)(1) shall be fined under title 18, imprisoned for not 
more than 5 years, or both.’’. 
(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) EMBEZZLING AND CONVERSION GENERALLY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for a 
representative payee to embezzle or in any manner 
convert all or any part of the amounts received from 
payments received as a representative payee to a use 
other than for the use and benefit of the minor or 
individual on whose behalf such payments were re-
ceived. 
‘‘(2) REVOCATION.—If the Office determines 
that a representative payee has embezzled or con-
verted payments as described in paragraph (1), the 
Office shall promptly— 
‘‘(A) revoke the certification for payment 
of benefits to the representative payee; and 
‘‘(B) certify payment— 
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‘‘(i) to another representative payee; 
or 
‘‘(ii) if the interest of the individual 
under this title would be served thereby, to 
the individual. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a)(1) shall be fined under title 18, imprisoned for not 
more than 5 years, or both.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) The table of sections for chapter 83 of 
title 5, United States Code, is amended by in-
serting 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 in-
serting after the item relating to section 8466 
the following: 
‘‘8466a. Embezzlement or conversion of payments.’’. 
(c) DEFERRAL
OF PAYMENT PENDING APPOINT-
MENT OF REPRESENTATIVE PAYEE.— 
(1) CSRS.—Section 8345(e) of title 5, United 
States Code, is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(e)’’; 
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