SNAP Second Chance Act of 2023

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. 1. Short title This Act may be cited as the SNAP Second Chance Act of 2023 2. Amendment Section 9(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018(a) (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. . 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.

Summary: 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 for financial fraud or deception, evidence that five years has elapsed since the felony conviction and compliance with all terms and conditions of probation or parole; for any other felony conviction, evidence that three years has elapsed since the conviction without a subsequent conviction of a crime and compliance with all terms and conditions of probation or parole; and other evidence of mitigation or rehabilitation and present fitness (e.g., the circumstances or social conditions surrounding the offense).