Federal

SNAP Second Chance Act of 2023

Source: Congress.gov · 768 words in original text

What This Bill Does

This bill changes the rules for approving food stores and wholesale food businesses to accept SNAP benefits (food assistance money from the federal government). It limits how much the government can use a business's criminal history and reputation when deciding whether to let the business participate in the SNAP program.

Who It Affects

Retail food stores and wholesale food concerns (businesses that sell food in bulk to other businesses) that want to accept SNAP benefits. The Secretary (the head of the Department of Agriculture or whoever runs SNAP) who approves these businesses.

Key Provisions

- A food store or wholesale food business cannot be rejected from the SNAP program just because of a criminal conviction (Sec. 2) - The government can only look at criminal offenses that happened within 5 years before someone applies to accept SNAP benefits (Sec. 2) - An applicant with a criminal conviction can still be approved if they show they have rehabilitated themselves or have good reasons to explain their past actions (Sec. 2) - Someone can prove rehabilitation by showing 5 years have passed since a felony conviction for fraud or deception, they were released from prison, and they followed all probation or parole rules (Sec. 2) - Someone can also prove rehabilitation by showing 3 years have passed since a felony conviction, they were released from prison, had no new criminal convictions, and followed all probation or parole rules (Sec. 2) - The government must consider other evidence of rehabilitation including the circumstances of the crime, the applicant's age when convicted, how much time has passed, and whether the crime relates directly to handling SNAP benefits (Sec. 2)

What Changes

If this becomes law, food businesses with criminal histories will have a better chance of being approved to accept SNAP benefits. The government must now consider rehabilitation and time passed rather than just using past convictions to automatically reject applicants.

Important Definitions

- Supplemental nutrition assistance program benefits (SNAP): Federal money given to low-income people to buy food - Felony conviction: A serious crime (more serious than a misdemeanor) - Mitigation or rehabilitation: Evidence that a person has changed, improved, or has good reasons for their past actions - Probation or parole: Supervised release from prison with rules the person must follow

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 1427 To amend the Food and Nutrition Act of 2008 to limit the use of business integrity and reputation factors when determining the eligibility of a retail food store or a wholesale food concern to be approved to redeem supplemental nutrition assistance program benefits. IN THE HOUSE OF REPRESENTATIVES MARCH 7, 2023 Mr. TRONE (for himself, Mr. CORREA, Ms. NORTON, Mr. MCGOVERN, Mrs. WATSON COLEMAN, and Mr. SMITH of Washington) introduced the fol- lowing bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to limit the use of business integrity and reputation factors when determining the eligibility of a retail food store or a wholesale food concern to be approved to redeem supple- mental nutrition assistance program benefits. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘SNAP Second Chance 4 Act of 2023’’. 5 VerDate Sep 11 2014 03:05 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1427.IH H1427 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1427 IH SEC. 2. AMENDMENT. 1 Section 9(a) of the Food and Nutrition Act of 2008 2 (7 U.S.C. 2018(a)) is amended by adding at end the fol- 3 lowing: 4 ‘‘(5) BUSINESS INTEGRITY AND REPUTATION.— 5 ‘‘(A) TREATMENT OF CRIMINAL VIOLA- 6 TIONS.— 7 ‘‘(i) No retail food store or wholesale 8 food concern may be denied authorization 9 to redeem supplemental nutrition assist- 10 ance program benefits solely based on a 11 criminal conviction. 12 ‘‘(ii) For the purpose of approving an 13 application for authorization to redeem 14 supplemental nutrition assistance program 15 benefits, the Secretary may only consider a 16 criminal offense that occurs in the 5-year 17 period ending on the date of such applica- 18 tion. 19 ‘‘(iii) An applicant that is convicted of 20 a criminal offense shall not be denied au- 21 thorization to redeem supplemental nutri- 22 tion assistance program benefits on the 23 basis of business integrity and reputation 24 of the if the applicant shows sufficient 25 VerDate Sep 11 2014 03:05 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1427.IH H1427 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1427 IH mitigation or rehabilitation as determined 1 under subparagraph (B). 2 ‘‘(B) SUFFICIENT MITIGATION OR REHA- 3 BILITATION.—An applicant with a criminal con- 4 viction shall not be denied authorization to re- 5 deem supplemental nutrition assistance pro- 6 gram benefits on the basis business integrity 7 and reputation factors if the applicant estab- 8 lishes sufficient mitigation or rehabilitation by 9 providing any of the following: 10 ‘‘(i) Evidence that a period of 5 years 11 elapsed beginning on the date of a felony 12 conviction, the release from any correc- 13 tional institution for financial fraud or de- 14 ception under Federal, State, or Tribal 15 law, and compliance with all applicable 16 terms and conditions of probation or pa- 17 role. 18 ‘‘(ii) Evidence that a period of 3 years 19 elapsed beginning on the date of a felony 20 conviction, the release from any correc- 21 tional institution without subsequent con- 22 viction of a crime, and compliance with all 23 terms and conditions of probation or pa- 24 role. 25 VerDate Sep 11 2014 03:05 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1427.IH H1427 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1427 IH ‘‘(iii) Any other evidence of mitigation 1 or rehabilitation and of present fitness pro- 2 vided, including— 3 ‘‘(I) circumstances relative to the 4 offense, including mitigating cir- 5 cumstances or social conditions sur- 6 rounding the commission of the of- 7 fense; 8 ‘‘(II) age of the person at the 9 time the offense was committed; 10 ‘‘(III) the length of time since 11 the offense was committed; and 12 ‘‘(IV) whether elements of the of- 13 fense are directly related to the re- 14 sponsibilities and requirements for the 15 redemption of the supplemental nutri- 16 tion assistance program benefits.’’. 17 SEC. 3. RULEMAKING. 18 Not later than 180 days after the date of enactment 19 of this Act, the Secretary shall issue rules to carry out 20 the amendment made under this Act. 21 Æ VerDate Sep 11 2014 03:05 Mar 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1427.IH H1427 kjohnson on DSK79L0C42PROD with BILLS

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