Keeping SNAP in our Communities Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3903 To amend the Food and Nutrition Act of 2008 to enhance the administrative and judiciary process for SNAP retailers. IN THE HOUSE OF REPRESENTATIVES JUNE 7, 2023 Mr. ESPAILLAT introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to enhance the administrative and judiciary process for SNAP retailers. 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 ‘‘Keeping SNAP in our 4 Communities Act of 2023’’. 5 SEC. 2. AMENDMENTS. 6 Section 14(a) of the Food and Nutrition Act of 2008 7 (7 U.S.C. 2025(a)) is amended— 8 VerDate Sep 11 2014 22:50 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3903.IH H3903 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3903 IH (1) in paragraph (2) by striking ‘‘by any’’ and 1 inserting ‘‘to each of the firm’s owners, officers, and 2 managers by email and via any other’’, 3 (2) in paragraph (3) by striking ‘‘ten’’ and in- 4 serting ‘‘30’’, 5 (3) by amending subparagraph (4) to read as 6 follows: 7 ‘‘(4) If such a request is not made by the store, con- 8 cern, or State Agency or if such store, concern, or State 9 agency otherwise fails to submit information in support 10 of its position after filing a request, the administrative de- 11 termination shall be a final determination, subject to the 12 provisions of judicial review.’’, and 13 (4) by amending paragraph (5) to read as fol- 14 lows: 15 ‘‘(5) If such request is made by such store, concern, 16 or State agency, such information as may be submitted 17 by the store, concern, or State agency, as well as such 18 other information as may be available, shall be reviewed 19 by the person or persons designated by the Secretary, who 20 shall, subject to the right of judicial review hereinafter 21 provided, make a determination within 60 days after sub- 22 mission of the store’s response. The agency’s determina- 23 tion shall be final and shall take effect 30 days after the 24 date of the delivery or service of such final notice of deter- 25 VerDate Sep 11 2014 22:50 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3903.IH H3903 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3903 IH mination. In all administrative proceedings involving the 1 denial, withdrawal, or disqualification of a retail food store 2 from the supplemental nutrition assistance program, the 3 agency shall bear the burden of proof of establishing that 4 the denial, withdrawal, or disqualification is based on a 5 preponderance of the evidence. The agency shall produce, 6 within 10 days of any request by the store or its counsel, 7 all records reviewed or relied upon by the agency in issuing 8 the charge letter or other notice. Notwithstanding any pro- 9 vision in this Act or other statutory provision, the agency 10 shall produce information and records otherwise prohib- 11 ited from disclosure to counsel for the store subject to a 12 nondisclosure agreement.’’. 13 SEC. 3. REPORTING. 14 Not later than 180 days after the enactment of this 15 Act, the Secretary of Agriculture shall conduct a study 16 that contains the following: 17 (1) How often first-time trafficking offenders 18 are given a penalty of permanent disqualification in 19 lieu of civil penalty, disaggregated by— 20 (A) the number of employees and revenue, 21 and 22 (B) the race and ethnicity of owners. 23 VerDate Sep 11 2014 22:50 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3903.IH H3903 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3903 IH (2) An analysis of the Anti-Fraud Locator 1 Using Electronic Benefits Transfer System 2 (ALERT) including— 3 (A) what are the metrics of detecting 4 fraudulent activity, 5 (B) how the metrics of detecting fraudu- 6 lent activity were determined, 7 (C) how often these metrics are updated to 8 ensure they continue to be reliable, and 9 (D) what metrics are reviewed in addition 10 to ALERT findings to determine fraudulent ac- 11 tivity. 12 SEC. 4. EFFECTIVE DATE. 13 (a) IN GENERAL.—Except as provided in subsection 14 (b), this Act shall take effect 1 year after the date of the 15 enactment of this Act. 16 (b) EFFECTIVE DAY OF SECTION 3.—Section 3 shall 17 take effect on the date of the enactment of this Act. 18 Æ VerDate Sep 11 2014 22:50 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3903.IH H3903 pbinns on DSKJLVW7X2PROD with $$_JOB