7 U.S.C. § 2021 — Civil penalties and disqualification of re-

Page 1326 TITLE 7—AGRICULTURE § 2021 under section 1320b–7 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1982 AMENDMENT Amendments by sections 166 to 174, 189(b)(2), and 190(c)(1) of Pub. L. 97–253 effective Sept. 8, 1982, see sec- tion 193(a) of Pub. L. 97–253, set out as a note under sec- tion 2012 of this title. Amendment by section 180(b)(1) of Pub. L. 97–253 ef- fective Oct. 1, 1982, see section 193(b) of Pub. L. 97–253, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1981 AMENDMENTS Amendment by Pub. L. 97–35 effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 117 of Pub. L. 97–35, set out as a note under section 2012 of this title, see section 192(a) of Pub. L. 97–253, set out as a note under section 2012 of this title. 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. Amendment by Pub. L. 97–35 effective and imple- mented upon such dates as Secretary of Agriculture may prescribe, taking into account need for orderly im- plementation, see section 117 of Pub. L. 97–35, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendment made by section 1301 is effective Oct. 1, 1977. REGULATIONS Pub. L. 113–79, title IV, § 4016(b), Feb. 7, 2014, 128 Stat. 795, provided that: ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Feb. 7, 2014], the Sec- retary [of Agriculture] shall issue a proposed rule to carry out the amendments made by this section [amending this section]. ‘‘(2) REQUIREMENTS.—The rule shall— ‘‘(A) identify federally required data exchanges; ‘‘(B) include specification and timing of exchanges to be standardized; ‘‘(C) address the factors used in determining wheth- er and when to standardize data exchanges; ‘‘(D) specify State implementation options; and ‘‘(E) describe future milestones.’’ Secretary of Agriculture to promulgate regulations necessary to implement amendment of this section by Pub. L. 105–33, not later than one year after Aug. 5, 1997, see § 1005(a) of Pub. L. 105–33 set out as a note under section 2015 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. AVAILABILITY OF INFORMATION UNDER THE FOOD AND NUTRITION ACT OF 2008 Pub. L. 114–92, div. A, title VI, § 605, Nov. 25, 2015, 129 Stat. 837, provided that: ‘‘In administering the supple- mental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the Secretary of Agriculture shall ensure that any safeguards that prevent the use or disclosure of in- formation obtained from applicant households shall not prevent the use of that information by, or the disclo- sure of that information to, the Secretary of Defense for purposes of determining the number of applicant households that contain one or more members of a reg- ular component or reserve component of the Armed Forces.’’ REPORT Pub. L. 105–379, § 1(b), Nov. 12, 1998, 112 Stat. 3399, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(PP), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(PP), June 18, 2008, 122 Stat. 1664, 1857, 1859, provided that: ‘‘Not later than September 1, 2000, the Secretary of Agriculture shall submit a report regarding the progress and effective- ness of the cooperative arrangements entered into by State agencies under section 11(r) of the Food and Nu- trition Act of 2008 (7 U.S.C. 2020(r)) (as added by sub- section (a)) to— ‘‘(1) the Committee on Agriculture of the House of Representatives; ‘‘(2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; ‘‘(3) the Committee on Ways and Means of the House of Representatives; ‘‘(4) the Committee on Finance of the Senate; and ‘‘(5) the Secretary of the Treasury.’’ AUDIT OF SIMPLIFIED FOOD STAMP APPLICATION AT SOCIAL SECURITY ADMINISTRATION OFFICES Pub. L. 101–624, title XVII, § 1742, Nov. 28, 1990, 104 Stat. 3795, directed Comptroller General to conduct an audit of programs established under 7 U.S.C. 2020(i) and (j) under which an applicant for or recipient of social security benefits may make or be provided a simple ap- plication to participate in the food stamp program at social security offices, and, not later than Dec. 31, 1991, deliver a report on results of study to Committee on Agriculture of House of Representatives, Committee on Agriculture, Nutrition, and Forestry of Senate, and Special Committee on Aging of Senate. Executive Documents EX. ORD. NO. 12116. ISSUANCE OF FOOD STAMPS BY POSTAL SERVICE Ex. Ord. No. 12116, Jan. 19, 1979, 44 F.R. 4647, provided: By the authority vested in me as President of the United States of America by Section 11(k) of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008] (91 Stat. 974; 7 U.S.C. 2020(k)), the United States Postal Service is hereby granted approval for post of- fices in all or part of any State to issue food stamps to eligible households, upon request by the appropriate State agency, as defined in Section 3(n) of the Food Stamp Act of 1977 (91 Stat. 960; 7 U.S.C. 2012(n)). JIMMY CARTER. § 2021. Civil penalties and disqualification of re- tail food stores and wholesale food concerns (a) Disqualification (1) In general An approved retail food store or wholesale food concern that violates a provision of this chapter or a regulation under this chapter may be— (A) disqualified for a specified period of time from further participation in the sup- plemental nutrition assistance program; (B) assessed a civil penalty of up to $100,000 for each violation; or (C) both. (2) Regulations Regulations promulgated under this chapter shall provide criteria for the finding of a viola- Page 1327 TITLE 7—AGRICULTURE § 2021 tion of, the suspension or disqualification of and the assessment of a civil penalty against a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, in- consistent redemption data, or evidence ob- tained through a transaction report under an electronic benefit transfer system. (b) Period of disqualification Subject to subsection (c), a disqualification under subsection (a) shall be— (1) for a reasonable period of time, not to ex- ceed 5 years, upon the first occasion of dis- qualification; (2) for a reasonable period of time, not to ex- ceed 10 years, upon the second occasion of dis- qualification; (3) permanent upon— (A) the third occasion of disqualification; (B) the first occasion or any subsequent occasion of a disqualification based on the purchase of coupons or trafficking in cou- pons or authorization cards by a retail food store or wholesale food concern or a finding of the unauthorized redemption, use, trans- fer, acquisition, alteration, or possession of EBT cards, except that the Secretary shall have the discretion to impose a civil penalty of up to $20,000 for each violation (except that the amount of civil penalties imposed for violations occurring during a single in- vestigation may not exceed $40,000) in lieu of disqualification under this subparagraph, for such purchase of coupons or trafficking in coupons or cards that constitutes a violation of the provisions of this chapter or the regu- lations issued pursuant to this chapter, if the Secretary determines that there is sub- stantial evidence that such store or food concern had an effective policy and program in effect to prevent violations of the chapter and the regulations, including evidence that— (i) the ownership of the store or food concern was not aware of, did not approve of, did not benefit from, and was not in- volved in the conduct of the violation; and (ii)(I) the management of the store or food concern was not aware of, did not ap- prove of, did not benefit from, and was not involved in the conduct of the violation; or (II) the management was aware of, ap- proved of, benefited from, or was involved in the conduct of no more than 1 previous violation by the store or food concern; or (C) a finding of the sale of firearms, ammu- nition, explosives, or controlled substance (as defined in section 802 of title 21) for cou- pons, except that the Secretary shall have the discretion to impose a civil penalty of up to $20,000 for each violation (except that the amount of civil penalties imposed for viola- tions occurring during a single investigation may not exceed $40,000) in lieu of disquali- fication under this subparagraph if the Sec- retary determines that there is substantial evidence (including evidence that neither the ownership nor management of the store or food concern was aware of, approved, ben- efited from, or was involved in the conduct or approval of the violation) that the store or food concern had an effective policy and program in effect to prevent violations of this chapter; and (4) for a reasonable period of time to be de- termined by the Secretary, including perma- nent disqualification, on the knowing submis- sion of an application for the approval or reau- thorization to accept and redeem coupons that contains false information about a substantive matter that was a part of the application. (c) Civil penalty and review of disqualification and penalty determinations (1) Civil penalty In addition to a disqualification under this section, the Secretary may assess a civil pen- alty in an amount not to exceed $100,000 for each violation. (2) Review The action of disqualification or the imposi- tion of a civil penalty shall be subject to re- view as provided in section 2023 of this title. (d) Conditions of authorization (1) In general As a condition of authorization to accept and redeem benefits, the Secretary may re- quire a retail food store or wholesale food con- cern that, pursuant to subsection (a), has been disqualified for more than 180 days, or has been subjected to a civil penalty in lieu of a disqualification period of more than 180 days, to furnish a collateral bond or irrevocable let- ter of credit for a period of not more than 5 years to cover the value of benefits that the store or concern may in the future accept and redeem in violation of this chapter. (2) Collateral The Secretary also may require a retail food store or wholesale food concern that has been sanctioned for a violation and incurs a subse- quent sanction regardless of the length of the disqualification period to submit a collateral bond or irrevocable letter of credit. (3) Bond requirements The Secretary shall, by regulation, prescribe the amount, terms, and conditions of such bond. (4) Forfeiture If the Secretary finds that such store or con- cern has accepted and redeemed coupons in violation of this chapter after furnishing such bond, such store or concern shall forfeit to the Secretary an amount of such bond which is equal to the value of coupons accepted and re- deemed by such store or concern in violation of this chapter. (5) Hearing A store or concern described in paragraph (4) may obtain a hearing on such forfeiture pursu- ant to section 2023 of this title. (e) Transfer of ownership; penalty in lieu of dis- qualification period; fines for acceptance of loose coupons; judicial action to recover pen- alty or fine (1) In the event any retail food store or whole- sale food concern that has been disqualified Page 1328 TITLE 7—AGRICULTURE § 2021 under subsection (a) is sold or the ownership thereof is otherwise transferred to a purchaser or transferee, the person or persons who sell or otherwise transfer ownership of the retail food store or wholesale food concern shall be sub- jected to a civil penalty in an amount estab- lished by the Secretary through regulations to reflect that portion of the disqualification pe- riod that has not yet expired. If the retail food store or wholesale food concern has been dis- qualified permanently, the civil penalty shall be double the penalty for a ten-year disqualifica- tion period, as calculated under regulations issued by the Secretary. The disqualification pe- riod imposed under subsection (b) shall continue in effect as to the person or persons who sell or otherwise transfer ownership of the retail food store or wholesale food concern notwithstanding the imposition of a civil penalty under this sub- section. (2) At any time after a civil penalty imposed under paragraph (1) has become final under the provisions of section 2023(a) of this title, the Secretary may request the Attorney General to institute a civil action against the person or persons subject to the penalty in a district court of the United States for any district in which such person or persons are found, reside, or transact business to collect the penalty and such court shall have jurisdiction to hear and decide such action. In such action, the validity and amount of such penalty shall not be subject to review. (3) The Secretary may impose a fine against any retail food store or wholesale food concern that accepts food coupons that are not accom- panied by the corresponding book cover, other than the denomination of coupons used for mak- ing change as specified in regulations issued under this chapter. The amount of any such fine shall be established by the Secretary and may be assessed and collected in accordance with regulations issued under this chapter separately or in combination with any fiscal claim estab- lished by the Secretary. The Attorney General of the United States may institute judicial ac- tion in any court of competent jurisdiction against the store or concern to collect the fine. (f) Fines for unauthorized acceptance The Secretary may impose a fine against any person not approved by the Secretary to accept and redeem food coupons who violates any pro- vision of this chapter or a regulation issued under this chapter, including violations con- cerning the acceptance of food coupons. The amount of any such fine shall be established by the Secretary and may be assessed and collected in accordance with regulations issued under this chapter separately or in combination with any fiscal claim established by the Secretary. The Attorney General of the United States may in- stitute judicial action in any court of competent jurisdiction against the person to collect the fine. (g) Disqualification of retailers who are disquali- fied under WIC program (1) In general The Secretary shall issue regulations pro- viding criteria for the disqualification under this chapter of an approved retail food store or a wholesale food concern that is disqualified from accepting benefits under the special sup- plemental nutrition program for women, in- fants, and children established under section 1786 of title 42. (2) Terms A disqualification under paragraph (1)— (A) shall be for the same length of time as the disqualification from the program re- ferred to in paragraph (1); (B) may begin at a later date than the dis- qualification from the program referred to in paragraph (1); and (C) notwithstanding section 2023 of this title, shall not be subject to judicial or ad- ministrative review. (h) Flagrant violations (1) In general The Secretary, in consultation with the In- spector General of the Department of Agri- culture, shall establish procedures under which the processing of program benefit re- demptions for a retail food store or wholesale food concern may be immediately suspended pending administrative action to disqualify the retail food store or wholesale food con- cern. (2) Requirements Under the procedures described in paragraph (1), if the Secretary, in consultation with the Inspector General, determines that a retail food store or wholesale food concern is en- gaged in flagrant violations of this chapter (including regulations promulgated under this chapter), unsettled program benefits that have been redeemed by the retail food store or wholesale food concern— (A) may be suspended; and (B)(i) if the program disqualification is upheld, may be subject to forfeiture pursu- ant to section 2024(g) of this title; or (ii) if the program disqualification is not upheld, shall be released to the retail food store or wholesale food concern. (3) No liability for interest The Secretary shall not be liable for the value of any interest on funds suspended under this subsection. (i) Pilot projects to improve Federal-State co- operation in identifying and reducing fraud in the supplemental nutrition assistance pro- gram (1) Pilot projects required (A) In general The Secretary shall carry out, under such terms and conditions as are determined by the Secretary, pilot projects to test innova- tive Federal-State partnerships to identify, investigate, and reduce fraud by retail food stores and wholesale food concerns in the supplemental nutrition assistance program, including allowing States to operate pro- grams to investigate that fraud. (B) Requirement At least 1 pilot project described in sub- paragraph (A) shall be carried out in an Page 1329 TITLE 7—AGRICULTURE § 2021 urban area that is among the 10 largest urban areas in the United States (based on population), if— (i) the supplemental nutrition assistance program is separately administered in the area; and (ii) if the administration of the supple- mental nutrition assistance program in the area complies with the other applica- ble requirements of the program. (2) Selection criteria Pilot projects shall be selected based on cri- teria the Secretary establishes, which shall in- clude— (A) enhancing existing efforts by the Sec- retary to reduce fraud described in para- graph (1)(A); (B) requiring participant States to main- tain the overall level of effort of the States at addressing recipient fraud, as determined by the Secretary, prior to participation in the pilot project; (C) collaborating with other law enforce- ment authorities as necessary to carry out an effective pilot project; (D) commitment of the participant State agency to follow Federal rules and proce- dures with respect to investigations de- scribed in paragraph (1)(A); and (E) the extent to which a State has com- mitted resources to recipient fraud and the relative success of those efforts. (3) Evaluation (A) In general The Secretary shall evaluate the pilot projects selected under this subsection to measure the impact of the pilot projects. (B) Requirements The evaluation shall include— (i) the impact of each pilot project on in- creasing the capacity of the Secretary to address fraud described in paragraph (1)(A); (ii) the effectiveness of the pilot projects in identifying, preventing and reducing fraud described in paragraph (1)(A); and (iii) the cost effectiveness of the pilot projects. (4) Report to Congress Not later than September 30, 2017, the Sec- retary shall submit to the Committee on Agri- culture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that includes a description of the results of each pilot project, including— (A) an evaluation of the impact of the pilot project on fraud described in paragraph (1)(A); and (B) the costs associated with the pilot project. (5) Funding Any costs incurred by a State to operate pilot projects under this subsection that are in excess of the amount expended under this chapter to identify, investigate, and reduce fraud described in paragraph (1)(A) in the re- spective State in the previous fiscal year shall not be eligible for Federal reimbursement under this chapter. (Pub. L. 88–525, § 12, Aug. 31, 1964, 78 Stat. 707; Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 974; Pub. L. 97–253, title I, §§ 175, 176(a), Sept. 8, 1982, 96 Stat. 781; Pub. L. 99–198, title XV, § 1532(a), Dec. 23, 1985, 99 Stat. 1582; Pub. L. 100–435, title III, § 344, Sept. 19, 1988, 102 Stat. 1664; Pub. L. 101–624, title XVII, §§ 1743–1745, Nov. 28, 1990, 104 Stat. 3795, 3796; Pub. L. 103–66, title XIII, §§ 13943, 13944, Aug. 10, 1993, 107 Stat. 677; Pub. L. 104–127, title IV, § 401(a), Apr. 4, 1996, 110 Stat. 1026; Pub. L. 104–193, title VIII, §§ 841–843, Aug. 22, 1996, 110 Stat. 2331, 2332; Pub. L. 110–234, title IV, § 4132, May 22, 2008, 122 Stat. 1114; Pub. L. 110–246, § 4(a), title IV, § 4132, June 18, 2008, 122 Stat. 1664, 1875; Pub. L. 113–79, title IV, §§ 4017, 4030(g), Feb. 7, 2014, 128 Stat. 796, 814.) Editorial Notes 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 2014—Subsec. (b)(3)(C). Pub. L. 113–79, § 4030(g)(1), sub- stituted ‘‘civil penalties’’ for ‘‘civil money penalties’’. Subsec. (g)(1). Pub. L. 113–79, § 4030(g)(2), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1786 of title 42. Subsec. (i). Pub. L. 113–79, § 4017, added subsec. (i). 2008—Pub. L. 110–246, § 4132(1), substituted ‘‘Civil pen- alties’’ for ‘‘Civil money penalties’’ in section catch- line. Subsec. (a). Pub. L. 110–246, § 4132(1), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘Any approved retail food store or wholesale food con- cern may be disqualified for a specified period of time from further participation in the food stamp program, or subjected to a civil money penalty of up to $10,000 for each violation if the Secretary determines that its disqualification would cause hardship to food stamp households, on a finding, made as specified in the regu- lations, that such store or concern has violated any of the provisions of this chapter or the regulations issued pursuant to this chapter. Regulations issued pursuant to this chapter shall provide criteria for the finding of a violation and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site investigations, inconsistent redemption data, or evidence obtained through a transaction report under an electronic benefit transfer system.’’ Subsec. (b). Pub. L. 110–246, § 4132(2)(A), inserted head- ing and substituted ‘‘Subject to subsection (c), a dis- qualification’’ for ‘‘Disqualification’’ in introductory provisions. Subsec. (b)(1). Pub. L. 110–246, § 4132(2)(B), substituted ‘‘not to exceed 5 years’’ for ‘‘of no less than six months nor more than five years’’. Subsec. (b)(2). Pub. L. 110–246, § 4132(2)(C), substituted ‘‘not to exceed 10 years’’ for ‘‘of no less than twelve months nor more than ten years’’. Subsec. (b)(3)(B). Pub. L. 110–246, § 4132(2)(D), (E), in introductory provisions, inserted ‘‘or a finding of the unauthorized redemption, use, transfer, acquisition, al- teration, or possession of EBT cards’’ after ‘‘wholesale food concern’’ and substituted ‘‘civil penalty’’ for ‘‘civil money penalty’’ and ‘‘civil penalties’’ for ‘‘civil money penalties’’. Subsec. (b)(3)(C). Pub. L. 110–246, § 4132(2)(E), sub- stituted ‘‘civil penalty’’ for ‘‘civil money penalty’’. Page 1330 TITLE 7—AGRICULTURE § 2022 Subsec. (c). Pub. L. 110–246, § 4132(3), inserted subsec. heading, added par. (1), designated existing provisions as par. (2), inserted par. heading, and substituted ‘‘civil penalty’’ for ‘‘civil money penalty’’ in text. Subsec. (d). Pub. L. 110–246, § 4132(4), inserted subsec. heading, added pars. (1) and (2), designated part of ex- isting provisions as pars. (3) to (5), inserted par. head- ings, in par. (5), substituted ‘‘A store or concern de- scribed in paragraph (4)’’ for ‘‘Such store or concern’’, and struck out after subsec. designation ‘‘As a condi- tion of authorization to accept and redeem coupons, the Secretary may require a retail food store or whole- sale food concern which has been disqualified or sub- jected to a civil penalty pursuant to subsection (a) of this section to furnish a bond to cover the value of cou- pons which such store or concern may in the future ac- cept and redeem in violation of this chapter.’’ Subsec. (e). Pub. L. 110–246, § 4132(5), substituted ‘‘civil penalty’’ for ‘‘civil money penalty’’ wherever ap- pearing. Subsec. (h). Pub. L. 110–246, § 4132(6), added subsec. (h). 1996—Subsec. (a). Pub. L. 104–193, § 841, inserted at end ‘‘Regulations issued pursuant to this chapter shall pro- vide criteria for the finding of a violation and the sus- pension or disqualification of a retail food store or wholesale food concern on the basis of evidence that may include facts established through on-site inves- tigations, inconsistent redemption data, or evidence obtained through a transaction report under an elec- tronic benefit transfer system.’’ Subsec. (b)(3)(B). Pub. L. 104–127, § 401(a), struck out ‘‘(including evidence that neither the ownership nor management of the store or food concern was aware of, approved, benefited from, or was involved in the conduct or approval of the violation)’’ after ‘‘substan- tial evidence’’ and substituted ‘‘, including evidence that—’’ and cls. (i) and (ii) for ‘‘; or’’. Subsec. (b)(4). Pub. L. 104–193, § 842, added par. (4). Subsec. (g). Pub. L. 104–193, § 843, added subsec. (g). 1993—Subsec. (b)(3)(B). Pub. L. 103–66, § 13943, sub- stituted ‘‘for violations occurring during a single inves- tigation’’ for ‘‘during a 2-year period’’. Subsec. (b)(3)(C). Pub. L. 103–66, § 13944, substituted ‘‘substance (as’’ for ‘‘substances (as the term is’’ and ‘‘for violations occurring during a single investigation’’ for ‘‘during a 2-year period’’. 1990—Subsec. (b)(3). Pub. L. 101–624, § 1743, in subpar. (A) struck out ‘‘or’’ after ‘‘disqualification;’’, in subpar. (B) inserted ‘‘for each violation (except that the amount of civil money penalties imposed during a 2- year period may not exceed $40,000)’’ after ‘‘$20,000’’ and ‘‘(including evidence that neither the ownership nor management of the store or food concern was aware of, approved, benefited from, or was involved in the con- duct or approval of the violation)’’ after ‘‘evidence’’, and substituted ‘‘; or’’ for period at end, and added sub- par. (C). Subsec. (e)(3). Pub. L. 101–624, § 1744, added par. (3). Subsec. (f). Pub. L. 101–624, § 1745, added subsec. (f). 1988—Subsec. (b)(3). Pub. L. 100–435 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘permanent upon the third occasion of disqualification or the first occasion of a disqualification based on the purchase of coupons or trafficking in coupons or au- thorization cards by a retail food store or wholesale food concern.’’ 1985—Subsec. (e). Pub. L. 99–198 added subsec. (e). 1982—Subsec. (a). Pub. L. 97–253, § 175(1)–(3), redesig- nated first sentence as subsec. (a), substituted ‘‘$10,000’’ for ‘‘$5,000’’, and struck out second sentence relating to disqualification. Subsec. (b). Pub. L. 97–253, § 175(3), added subsec. (b) relating to disqualification. Subsec. (c). Pub. L. 97–253, § 175(4), redesignated last sentence as subsec. (c). Subsec. (d). Pub. L. 97–253, § 176(a), added subsec. (d). 1977—Pub. L. 95–113 substituted revised provisions covering civil money penalties and disqualification of retail food stores and wholesale food concerns for pro- visions relating to the determination and disposition of claims which are now covered by section 2022 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to a ‘‘coupon’’, ‘‘authorization card’’, or other access device provided under the Food and Nutri- tion Act of 2008 considered to refer to a ‘‘benefit’’ under that Act, see section 4115(d) of Pub. L. 110–246, set out as a note under section 2012 of this title. 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 other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 4132 of Pub. L. 110–246 effec- tive Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Con- gress. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 effective, and to be im- plemented beginning on, Oct. 1, 1993, see section 13971(a) of Pub. L. 103–66, set out as a note under sec- tion 2025 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective and imple- mented first day of month beginning 120 days after pub- lication of implementing regulations to be promulgated not later than Oct. 1, 1991, see section 1781(a) of Pub. L. 101–624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–435 to be effective and im- plemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97–253, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendment made by section 1301 is effective Oct. 1, 1977. § 2022. Disposition of claims (a) General authority of the Secretary (1) Determination of claims Except in the case of an at-risk amount re- quired under section 2025(c)(1)(D)(i)(II) of this title, the Secretary shall have the power to de- termine the amount of and settle and adjust any claim and to compromise or deny all or part of any such claim or claims arising under the provisions of this chapter or the regula- tions issued pursuant to this chapter, includ- ing, but not limited to, claims arising from fraudulent and nonfraudulent overissuances to recipients, including the power to waive claims if the Secretary determines that to do so would serve the purposes of this chapter. Such powers with respect to claims against re- cipients may be delegated by the Secretary to State agencies. The Secretary shall have the power to reduce amounts otherwise due to a State agency under section 2025 of this title to collect unpaid claims assessed against the