[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1094 Introduced in House (IH)]

  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.


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                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Stamp Fraud Prevention Act of 
1995''.

SEC. 2. FORFEITURE OF ITEMS EXCHANGED IN FOOD STAMP TRAFFICKING.

    Section 15(g) of the Food Stamp Act of 1977 (7 U.S.C. 2024(g)) is 
amended by striking ``or intended to be furnished''.

SEC. 3. CIVIL AND CRIMINAL FORFEITURE.

    Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024) is amended 
by adding at the end the following:
    ``(h)(1)(A) Any food stamp benefits and any property, real or 
personal (except for property specified in subsection (g))--
            ``(i) constituting, derived from, or traceable to, any 
        proceeds obtained directly or indirectly from; or
            ``(ii) used, or intended to be used, to commit, or to 
        facilitate;
the commission of a violation of subsection (b) or (c) involving food 
stamp benefits having an aggregate value of not less than $5,000, shall 
be subject to forfeiture to the United States.
    ``(B) The provisions of chapter 46 of title 18, United States Code, 
relating to civil forfeitures, shall extend to a seizure or forfeiture 
under subparagraph (A), insofar as applicable and not inconsistent with 
the provisions hereof.
    ``(2)(A) Any person convicted of violating subsection (b) or (c) 
involving food stamp benefits having an aggregate value of not less 
than $5,000, shall forfeit to the United States, irrespective of any 
State law provision--
            ``(i) any food stamp benefits and any property 
        constituting, or derived from, or traceable to any proceeds the 
        person obtained directly or indirectly as the result of such 
        violation, except for property specified in subsection (g); and
            ``(ii) any food stamp benefits and any of the person's 
        property used, or intended to be used, in any manner or part, 
        to commit, or to facilitate the commission of such violation, 
        except for property specified in subsection (g).
In imposing sentence on such person, the court shall order that the 
person forfeit to the United States all property described in this 
subparagraph.
    ``(B) All food stamp benefits and any property subject to 
forfeiture under subparagraph (A), any seizure and disposition thereof, 
and any administrative or judicial proceeding relating thereto, shall 
be governed by subsections (b), (c), (e), and (g) through (p) of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 853), insofar as applicable and not inconsistent 
with the provisions hereof.
    ``(3) To the extent provided in appropriations Acts--
            ``(A) moneys forfeited and proceeds from any sale of 
        property forfeited under this subsection or subsection (g) 
        shall be used to reimburse Federal law enforcement agencies for 
        costs incurred in initiating and completing the forfeiture 
        proceeding that resulted in the forfeiture of such moneys or 
        the sale of such property; and
            ``(B) an equitable share of the remaining moneys and 
        proceeds from forfeitures related to investigations in which 
        the Office of the Inspector General participated shall be 
        transferred to the Office of the Inspector General for law 
        enforcement activities authorized under the Inspector General 
        Act of 1978, to remain available until expended.''.
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