I

104TH CONGRESS

1ST SESSION H. R. 1094

To amend the Food Stamp Act of 1977 to reduce fraud by establishing

forfeiture applicable to property exchanged, used in, or resulting from

trafficking in food stamp benefits.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 1995

Mr. DURBIN (for himself, Mr. SKEEN, and Mr. GUNDERSON) introduced the

following bill; which was referred to the Committee on Agriculture

A BILL

To amend the Food Stamp Act of 1977 to reduce fraud

by establishing forfeiture applicable to property exchanged, used in, or resulting from trafficking in food

stamp benefits.

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 ‘‘Food Stamp Fraud

5 Prevention Act of 1995’’.
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1 SEC. 2. FORFEITURE OF ITEMS EXCHANGED IN FOOD

2 STAMP TRAFFICKING.

3 Section 15(g) of the Food Stamp Act of 1977 (7

4 U.S.C. 2024(g)) is amended by striking ‘‘or intended to

5 be furnished’’.

6 SEC. 3. CIVIL AND CRIMINAL FORFEITURE.

7 Section 15 of the Food Stamp Act of 1977 (7 U.S.C.

8 2024) is amended by adding at the end the following:

9 ‘‘(h)(1)(A) Any food stamp benefits and any prop10 erty, real or personal (except for property specified in sub11 section (g))—

12 ‘‘(i) constituting, derived from, or traceable to,

13 any proceeds obtained directly or indirectly from; or

14 ‘‘(ii) used, or intended to be used, to commit,

15 or to facilitate;

16 the commission of a violation of subsection (b) or (c) in17 volving food stamp benefits having an aggregate value of

18 not less than $5,000, shall be subject to forfeiture to the

19 United States.

20 ‘‘(B) The provisions of chapter 46 of title 18, United

21 States Code, relating to civil forfeitures, shall extend to

22 a seizure or forfeiture under subparagraph (A), insofar as

23 applicable and not inconsistent with the provisions hereof.

24 ‘‘(2)(A) Any person convicted of violating subsection

25 (b) or (c) involving food stamp benefits having an aggre-
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1 gate value of not less than $5,000, shall forfeit to the

2 United States, irrespective of any State law provision—

3 ‘‘(i) any food stamp benefits and any property

4 constituting, or derived from, or traceable to any

5 proceeds the person obtained directly or indirectly as

6 the result of such violation, except for property spec7 ified in subsection (g); and

8 ‘‘(ii) any food stamp benefits and any of the

9 person’s property used, or intended to be used, in

10 any manner or part, to commit, or to facilitate the

11 commission of such violation, except for property

12 specified in subsection (g).

13 In imposing sentence on such person, the court shall order

14 that the person forfeit to the United States all property

15 described in this subparagraph.

16 ‘‘(B) All food stamp benefits and any property sub17 ject to forfeiture under subparagraph (A), any seizure and

18 disposition thereof, and any administrative or judicial pro19 ceeding relating thereto, shall be governed by subsections

20 (b), (c), (e), and (g) through (p) of section 413 of the

21 Comprehensive Drug Abuse Prevention and Control Act

22 of 1970 (21 U.S.C. 853), insofar as applicable and not

23 inconsistent with the provisions hereof.

24 ‘‘(3) To the extent provided in appropriations Acts—
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1 ‘‘(A) moneys forfeited and proceeds from any

2 sale of property forfeited under this subsection or

3 subsection (g) shall be used to reimburse Federal

4 law enforcement agencies for costs incurred in initi5 ating and completing the forfeiture proceeding that

6 resulted in the forfeiture of such moneys or the sale

7 of such property; and

8 ‘‘(B) an equitable share of the remaining mon9 eys and proceeds from forfeitures related to inves10 tigations in which the Office of the Inspector Gen11 eral participated shall be transferred to the Office of

12 the Inspector General for law enforcement activities

13 authorized under the Inspector General Act of 1978,

14 to remain available until expended.’’.

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