TITLE 7 - AGRICULTURE
CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
HEAD
Sec. 2024. Violations and enforcement
STATUTE
(a) In general
Notwithstanding any other provision of this chapter, the
Secretary may provide for the issuance or presentment for
redemption of benefits to such person or persons, and at such times
and in such manner, as the Secretary deems necessary or appropriate
to protect the interests of the United States or to ensure
enforcement of the provisions of this chapter or the regulations
issued pursuant to this chapter.
(b) Unauthorized use, transfer, acquisition, alteration, or
possession of benefits
(1) Subject to the provisions of paragraph (2) of this
subsection, whoever knowingly uses, transfers, acquires, alters, or
possesses benefits in any manner contrary to this chapter or the
regulations issued pursuant to this chapter shall, if such benefits
are of a value of $5,000 or more, be guilty of a felony and shall
be fined not more than $250,000 or imprisoned for not more than
twenty years, or both, and shall, if such benefits are of a value
of $100 or more, but less than $5,000, or if the item used,
transferred, acquired, altered, or possessed is an (!1) benefit
that has a value of $100 or more, but less than $5,000, be guilty
of a felony and shall, upon the first conviction thereof, be fined
not more than $10,000 or imprisoned for not more than five years,
or both, and, upon the second and any subsequent conviction
thereof, shall be imprisoned for not less than six months nor more
than five years and may also be fined not more than $10,000 or, if
such benefits are of a value of less than $100, or if the item
used, transferred, acquired, altered, or processed is an (!1)
benefit that has a value of less than $100, shall be guilty of a
misdemeanor, and, upon the first conviction thereof, shall be fined
not more than $1,000 or imprisoned for not more than one year, or
both, and upon the second and any subsequent conviction thereof,
shall be imprisoned for not more than one year and may also be
fined not more than $1,000. In addition to such penalties, any
person convicted of a felony or misdemeanor violation under this
subsection may be suspended by the court from participation in the
supplemental nutrition assistance program for an additional period
of up to eighteen months consecutive to that period of suspension
mandated by section 2015(b)(1) of this title.
(2) In the case of any individual convicted of an offense under
paragraph (1) of this subsection, the court may permit such
individual to perform work approved by the court for the purpose of
providing restitution for losses incurred by the United States and
the State agency as a result of the offense for which such
individual was convicted. If the court permits such individual to
perform such work and such individual agrees thereto, the court
shall withhold the imposition of the sentence on the condition that
such individual perform the assigned work. Upon the successful
completion of the assigned work the court may suspend such
sentence.
(c) Presentation for payment or redemption of benefits that have
been illegally received, transferred, or used
Whoever presents, or causes to be presented, benefits for payment
or redemption of the value of $100 or more, knowing the same to
have been received, transferred, or used in any manner in violation
of the provisions of this chapter or the regulations issued
pursuant to this chapter, shall be guilty of a felony and, upon the
first conviction thereof, shall be fined not more than $20,000 or
imprisoned for not more than five years, or both, and, upon the
second and any subsequent conviction thereof, shall be imprisoned
for not less than one year nor more than five years and may also be
fined not more than $20,000, or, if such benefits are of a value of
less than $100, shall be guilty of a misdemeanor and, upon the
first conviction thereof, shall be fined not more than $1,000 or
imprisoned for not more than one year, or both, and, upon the
second and any subsequent conviction thereof, shall be imprisoned
for not more than one year and may also be fined not more than
$1,000. In addition to such penalties, any person convicted of a
felony or misdemeanor violation under this subsection may be
suspended by the court from participation in the supplemental
nutrition assistance program for an additional period of up to
eighteen months consecutive to that period of suspension mandated
by section 2015(b)(1) of this title.
(d) Benefits as obligations of the United States
Benefits issued pursuant to this chapter shall be deemed to be
obligations of the United States within the meaning of section 8 of
title 18.
(e) Forfeiture of property involved in illegal benefit transactions
The Secretary may subject to forfeiture and denial of property
rights any nonfood items, moneys, negotiable instruments,
securities, or other things of value that are furnished by any
person in exchange for benefits, or anything of value obtained by
use of an access device, in any manner contrary to this chapter or
the regulations issued under this chapter. Any forfeiture and
disposal of property forfeited under this subsection shall be
conducted in accordance with procedures contained in regulations
issued by the Secretary.
(f) Criminal forfeiture
(1) In general
In imposing a sentence on a person convicted of an offense in
violation of subsection (b) or (c) of this section, a court shall
order, in addition to any other sentence imposed under this
section, that the person forfeit to the United States all
property described in paragraph (2).
(2) Property subject to forfeiture
All property, real and personal, used in a transaction or
attempted transaction, to commit, or to facilitate the commission
of, a violation (other than a misdemeanor) of subsection (b) or
(c) of this section, or proceeds traceable to a violation of
subsection (b) or (c) of this section, shall be subject to
forfeiture to the United States under paragraph (1).
(3) Interest of owner
No interest in property shall be forfeited under this
subsection as the result of any act or omission established by
the owner of the interest to have been committed or omitted
without the knowledge or consent of the owner.
(4) Proceeds
The proceeds from any sale of forfeited property and any monies
forfeited under this subsection shall be used -
(A) first, to reimburse the Department of Justice for the
costs incurred by the Department to initiate and complete the
forfeiture proceeding;
(B) second, to reimburse the Department of Agriculture Office
of Inspector General for any costs the Office incurred in the
law enforcement effort resulting in the forfeiture;
(C) third, to reimburse any Federal or State law enforcement
agency for any costs incurred in the law enforcement effort
resulting in the forfeiture; and
(D) fourth, by the Secretary to carry out the approval,
reauthorization, and compliance investigations of retail stores
and wholesale food concerns under section 2018 of this title.
SOURCE
(Pub. L. 88-525, Sec. 15, Aug. 31, 1964, 78 Stat. 708; Pub. L. 91-
671, Sec. 8, Jan. 11, 1971, 84 Stat. 2052; Pub. L. 93-347, Sec. 2,
July 12, 1974, 88 Stat. 341; Pub. L. 95-113, title XIII, Sec. 1301,
Sept. 29, 1977, 91 Stat. 975; Pub. L. 96-249, title I, Sec. 124,
May 26, 1980, 94 Stat. 363; Pub. L. 97-98, title XIII, Sec. 1324,
Dec. 22, 1981, 95 Stat. 1288; Pub. L. 101-624, title XVII, Secs.
1747(a), (c), 1748, 1749, Nov. 28, 1990, 104 Stat. 3796, 3797; Pub.
L. 104-193, title VIII, Sec. 846, Aug. 22, 1996, 110 Stat. 2334;
Pub. L. 110-234, title IV, Secs. 4001(b), 4115(b)(10), May 22, 2008
122 Stat. 1092, 1107; Pub. L. 110-246, Sec. 4(a), title IV, Secs.
4001(b), 4115(b)(10), June 18, 2008, 122 Stat. 1664, 1853, 1869.)
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
AMENDMENTS
2008 - Subsec. (a). Pub. L. 110-246, Sec. 4115(b)(10)(A),
substituted "benefits" for "coupons".
Subsec. (b)(1). Pub. L. 110-246, Sec. 4115(b)(10)(B), substituted
"possesses benefits" for "possesses coupons, authorization cards,
or access devices", "such benefits are of a value of $5,000" for
"such coupons, authorization cards, or access devices are of a
value of $5,000", "such benefits are of a value of $100" for "such
coupons or authorization cards are of a value of $100", and "such
benefits are of a value of less than $100" for "such coupons or
authorization cards are of a value of less than $100", and
substituted "benefit" for "access device" in two places.
Pub. L. 110-246, Sec. 4001(b), substituted "supplemental
nutrition assistance program" for "food stamp program".
Subsec. (c). Pub. L. 110-246, Sec. 4115(b)(10)(C), substituted
"benefits" for "coupons" in two places.
Pub. L. 110-246, Sec. 4001(b), substituted "supplemental
nutrition assistance program" for "food stamp program".
Subsec. (d). Pub. L. 110-246, Sec. 4115(b)(10)(D), substituted
"Benefits" for "Coupons".
Subsec. (e). Pub. L. 110-246, Sec. 4115(b)(10)(G), which directed
amendment of subsec. (e) by substituting "benefits" for "coupon,
authorization cards or access devices", was executed by making the
substitution for "coupons, authorization cards or access devices",
to reflect the probable intent of Congress.
Pub. L. 110-246, Sec. 4115(b)(10)(E), (F), redesignated subsec.
(g) as (e) and struck out former subsec. (e) which read as follows:
"Any coupon issuer or any officer, employee, or agent thereof
convicted of failing to provide the report required under section
2016(d) of this title or of violating the regulations issued under
section 2016(d) and (e) of this title shall be fined not more than
$1,000 or imprisoned for not more than one year, or both."
Subsecs. (f) to (h). Pub. L. 110-246, Sec. 4115(b)(10)(E), (F),
redesignated subsecs. (g) and (h) as (e) and (f), respectively, and
struck out former subsec. (f) which read as follows: "Any coupon
issuer or any officer, employee, or agent thereof convicted of
knowingly providing false information in the report required under
section 2016(d) of this title shall be fined not more than $10,000
or imprisoned not more than five years, or both."
1996 - Subsec. (g). Pub. L. 104-193, Sec. 846(a), struck out "or
intended to be furnished" after "that are furnished".
Subsec. (h). Pub. L. 104-193, Sec. 846(b), added subsec. (h).
1990 - Subsec. (b)(1). Pub. L. 101-624, Sec. 1748, inserted "if
such coupons, authorization cards, or access devices are of a value
of $5,000 or more, be guilty of a felony and shall be fined not
more than $250,000 or imprisoned for not more than twenty years, or
both, and shall," after "chapter shall", and inserted "but less
than $5,000," after "$100 or more" in two places.
Pub. L. 101-624, Sec. 1747(a), substituted ", authorization
cards, or access devices in any manner contrary to" for "or
authorization cards in any manner not authorized by", and inserted
"or if the item used, transferred, acquired, altered, or possessed
is an access device that has a value of $100 or more," after "a
value of $100 or more,", and inserted "or if the item used,
transferred, acquired, altered, or processed is an access device
that has a value of less than $100," after "a value of less than
$100,".
Subsec. (c). Pub. L. 101-624, Sec. 1749, substituted "$20,000"
for "$10,000" in two places.
Subsec. (g). Pub. L. 101-624, Sec. 1747(c), substituted ",
authorization cards or access devices, or anything of value
obtained by use of an access device, in any manner contrary to" for
"or authorization cards in any manner not authorized by".
1981 - Subsec. (b). Pub. L. 97-98 designated existing provision
as par. (1), inserted provisions specifying the minimum and maximum
sentences for the second and any subsequent convictions for
felonies and misdemeanors and provision authorizing the court to
suspend a person convicted of a felony or misdemeanor under this
subsection from participation in the food stamp program for an
additional period of up to eighteen months consecutive to that
period of suspension mandated by section 2015(b)(1) of this title,
and added par. (2).
Subsec. (c). Pub. L. 97-98 inserted provisions specifying the
minimum and maximum sentences for the second and any subsequent
convictions for felonies and misdemeanors and provision authorizing
the court to suspend a person convicted of a felony or misdemeanor
under this subsection from participation in the food stamp program
for an additional period of up to eighteen months consecutive to
that period of suspension mandated by section 2015(b)(1) of this
title.
1980 - Subsec. (g). Pub. L. 96-249 added subsec. (g).
1977 - Pub. L. 95-113 substituted revised provisions relating to
violations and enforcement for provisions relating to the State
financing of administrative costs which are now covered by section
2025 of this title.
1974 - Pub. L. 93-347 authorized the Secretary of Agriculture to
pay each State agency 50 percent of all the State agency's costs in
administering the Food Stamp Program and required that each State
make reports from time to time at the request of the Secretary of
Agriculture on the effectiveness of the administration of the Food
Stamp Program in that State.
1971 - Subsec. (b). Pub. L. 91-671 struck out "cooperate with
State agencies in the certification of households which are not
receiving any type of public assistance so as to insure the
effective certification of such households in accordance with the
eligibility standards approved under the provisions of section 2019
of this title. Such cooperation shall include payments to State
agencies for part of the cost they incur in the certification of
such households" after "is authorized to", and in providing for
payments to State agencies, increased percentage from 50 to 62 1/2
, and substituted cl. (1) provisions for travel and travel-related
cost of personnel for such time as they are employed in taking the
action required under section 2019(e) of this title and in making
certification determinations for households other than those which
consist solely of recipients of welfare assistance for prior cl.
(1) for direct salary costs of personnel used to make interviews
and such postinterview investigations as are necessary to certify
eligibility of such households, for periods of employment, in
certifying the eligibility of such households; cl. (2) respecting
direct salary, travel, and travel-related costs (including such
fringe benefits as are normally paid) of personnel for time of
employment as hearing officials under section 2019(e) of this title
for prior cl. (2) respecting travel and related costs incurred by
personnel in postinterview field investigations of households, and
deleted cl. (3) for an amount not to exceed 25 per centum of the
costs computed under former cls. (1) and (2).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, except as otherwise provided, see section 4 of Pub. L. 110-
246, set out as an Effective Date note under section 8701 of this
title.
Amendment by sections 4001(b) and 4115(b)(10) of Pub. L. 110-246
effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246, set
out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982,
or date such amendment became effective pursuant to section 1338 of
Pub. L. 97-98, set out as a note under section 2012 of this title,
see section 192(b) of Pub. L. 97-253, set out as a note under
section 2012 of this title.
Amendment by Pub. L. 97-98 effective upon such date as Secretary
of Agriculture may prescribe, taking into account need for orderly
implementation, see section 1338 of Pub. L. 97-98, set out as a
note under section 2012 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 1301 of Pub. L. 95-113 provided that the amendment made
by that section is effective Oct. 1, 1977.
FOOTNOTE
(!1) So in original. Probably should be "a".
Transactional Records Access
Clearinghouse, Syracuse University
Copyright 2010