SNAP Second Chance Act of 2023
This bill limits the use of certain factors related to business integrity and reputation when determining the eligibility of retailers under the Supplemental Nutrition Assistance Program (SNAP). (The Food and Nutrition Service [FNS] must consider business integrity and reputation of the applicant under current law, and FNS regulations specify the factors that may be considered.)
The bill limits the use of criminal violations to assess an applicant's business integrity and reputation so that (1) FNS may not deny a retail food store or wholesale food concern authorization to redeem SNAP benefits solely based on a criminal conviction, (2) FNS may only consider a criminal offense that has occurred within the past five years for the purpose of approving an application for authorization to redeem SNAP benefits, and (3) an applicant that is convicted of a criminal offense must not be denied authorization to redeem SNAP benefits on the basis of business integrity and reputation if the applicant establishes sufficient mitigation or rehabilitation.
Sufficient mitigation or rehabilitation includes
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1427 Introduced in House (IH)]
<DOC>
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 following
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 supplemental nutrition assistance program 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 ``SNAP Second Chance Act of 2023''.
SEC. 2. AMENDMENT.
Section 9(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2018(a)) is amended by adding at end the following:
``(5) Business integrity and reputation.--
``(A) Treatment of criminal violations.--
``(i) No retail food store or wholesale
food concern may be denied authorization to
redeem supplemental nutrition assistance
program benefits solely based on a criminal
conviction.
``(ii) For the purpose of approving an
application for authorization to redeem
supplemental nutrition assistance program
benefits, the Secretary may only consider a
criminal offense that occurs in the 5-year
period ending on the date of such application.
``(iii) An applicant that is convicted of a
criminal offense shall not be denied
authorization to redeem supplemental nutrition
assistance program benefits on the basis of
business integrity and reputation of the if the
applicant shows sufficient mitigation or
rehabilitation as determined under subparagraph
(B).
``(B) Sufficient mitigation or rehabilitation.--An
applicant with a criminal conviction shall not be
denied authorization to redeem supplemental nutrition
assistance program benefits on the basis business
integrity and reputation factors if the applicant
establishes sufficient mitigation or rehabilitation by
providing any of the following:
``(i) Evidence that a period of 5 years
elapsed beginning on the date of a felony
conviction, the release from any correctional
institution for financial fraud or deception
under Federal, State, or Tribal law, and
compliance with all applicable terms and
conditions of probation or parole.
``(ii) Evidence that a period of 3 years
elapsed beginning on the date of a felony
conviction, the release from any correctional
institution without subsequent conviction of a
crime, and compliance with all terms and
conditions of probation or parole.
``(iii) Any other evidence of mitigation or
rehabilitation and of present fitness provided,
including--
``(I) circumstances relative to the
offense, including mitigating
circumstances or social conditions
surrounding the commission of the
offense;
``(II) age of the person at the
time the offense was committed;
``(III) the length of time since
the offense was committed; and
``(IV) whether elements of the
offense are directly related to the
responsibilities and requirements for
the redemption of the supplemental
nutrition assistance program
benefits.''.
SEC. 3. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue rules to carry out the amendment made under
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.
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