7 U.S.C. § 2024 | Violations and enforcement

(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)

1 So in original. Probably should be “possessed”.

section 2015(b)(1) of this title 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 a 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 a 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 .

(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

section 2015(b)(1) of this titleWhoever 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 .

(d)

Benefits as obligations of the United States

section 8 of title 18Benefits issued pursuant to this chapter shall be deemed to be obligations of the United States within the meaning of .

(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), 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), or proceeds traceable to a violation of subsection (b) or (c), 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)

section 2018 of this title fourth, by the Secretary to carry out the approval, reauthorization, and compliance investigations of retail stores and wholesale food concerns under .

Pub. L. 88–525, § 15Aug. 31, 196478 Stat. 708 Pub. L. 91–671, § 8Jan. 11, 197184 Stat. 2052 Pub. L. 93–347, § 2July 12, 197488 Stat. 341 Pub. L. 95–113, title XIII, § 1301Sept. 29, 197791 Stat. 975 Pub. L. 96–249, title I, § 124May 26, 198094 Stat. 363 Pub. L. 97–98, title XIII, § 1324Dec. 22, 198195 Stat. 1288 Pub. L. 101–624, title XVIINov. 28, 1990104 Stat. 3796 Pub. L. 104–193, title VIII, § 846Aug. 22, 1996110 Stat. 2334 Pub. L. 110–234, title IVMay 22, 2008122 Stat. 1092 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 113–79, title IV, § 4030(h)Feb. 7, 2014128 Stat. 814 Pub. L. 115–334, title IV, § 4022(6)Dec. 20, 2018132 Stat. 4653(, , ; , , ; , , ; , , ; , , ; , , ; , §§ 1747(a), (c), 1748, 1749, , , 3797; , , ; , §§ 4001(b), 4115(b)(10), , 1107; , title IV, §§ 4001(b), 4115(b)(10), , , 1853, 1869; , , ; , , .)

Editorial Notes

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 115–3342018—Subsec. (e). substituted “exchange for benefits, or anything” for “exchange for coupons, authorization cards or access devices, or anything”.

Pub. L. 113–792014—Subsec. (b)(1). substituted “a benefit” for “an benefit” in two places.

Pub. L. 110–246, § 4115(b)(10)(A)2008—Subsec. (a). , substituted “benefits” for “coupons”.

Pub. L. 110–246, § 4115(b)(10)(B)Subsec. (b)(1). , 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, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

Pub. L. 110–246, § 4115(b)(10)(C)Subsec. (c). , substituted “benefits” for “coupons” in two places.

Pub. L. 110–246, § 4001(b), substituted “supplemental nutrition assistance program” for “food stamp program”.

Pub. L. 110–246, § 4115(b)(10)(D)Subsec. (d). , substituted “Benefits” for “Coupons”.

Pub. L. 110–246, § 4115(b)(10)(G)Subsec. (e). , which directed amendment of subsec. (e) by substituting “benefits” for “coupon, authorization cards or access devices”, could not be executed because the phrase “coupon, authorization cards or access devices” did not appear.

Pub. L. 110–246, § 4115(b)(10)(E)section 2016(d) of this title, (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 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.”

Pub. L. 110–246, § 4115(b)(10)(E)section 2016(d) of this titleSubsecs. (f) to (h). , (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 shall be fined not more than $10,000 or imprisoned not more than five years, or both.”

Pub. L. 104–193, § 846(a)1996—Subsec. (g). , struck out “or intended to be furnished” after “that are furnished”.

Pub. L. 104–193, § 846(b)Subsec. (h). , added subsec. (h).

Pub. L. 101–624, § 17481990—Subsec. (b)(1). , 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, § 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,”.

Pub. L. 101–624, § 1749Subsec. (c). , substituted “$20,000” for “$10,000” in two places.

Pub. L. 101–624, § 1747(c)Subsec. (g). , 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”.

Pub. L. 97–98 section 2015(b)(1) of this title1981—Subsec. (b). 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 , and added par. (2).

Pub. L. 97–98 section 2015(b)(1) of this titleSubsec. (c). 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 .

Pub. L. 96–2491980—Subsec. (g). added subsec. (g).

Pub. L. 95–113 section 2025 of this title1977— substituted revised provisions relating to violations and enforcement for provisions relating to the State financing of administrative costs which are now covered by .

Pub. L. 93–3471974— 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.

Pub. L. 91–671 section 2019 of this title section 2019(e) of this title section 2019(e) of this title1971—Subsec. (b). 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 . 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 62½, 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 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 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under .

Pub. L. 110–246Oct. 1, 2008section 4407 of Pub. L. 110–246 section 1161 of Title 2Amendment by sections 4001(b) and 4115(b)(10) of effective , see , set out as a note under , The Congress.

Effective Date of 1981 Amendment

Pub. L. 97–98Sept. 8, 1982section 1338 of Pub. L. 97–98 section 2012 of this title section 192(b) of Pub. L. 97–253 section 2012 of this titleAmendment by effective on earlier of , or date such amendment became effective pursuant to , set out as a note under , see , set out as a note under .

Pub. L. 97–98 section 1338 of Pub. L. 97–98 section 2012 of this titleAmendment by effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–113, title XIII, § 1301Sept. 29, 197791 Stat. 958Oct. 1, 1977, , , provided that the amendment made by section 1301 is effective .