(1) in paragraph (2) by striking ‘‘by any’’ and 
inserting ‘‘to each of the firm’s owners, officers, and 
managers by email and via any other’’, 
(2) in paragraph (3) by striking ‘‘ten’’ and in-
serting ‘‘30’’, 
(3) by amending subparagraph (4) to read as 
follows: 
‘‘(4) If such a request is not made by the store, con-
cern, or State Agency or if such store, concern, or State 
agency otherwise fails to submit information in support 
of its position after filing a request, the administrative de-
termination shall be a final determination, subject to the 
provisions of judicial review.’’, and 
(4) by amending paragraph (5) to read as fol-
lows: 
‘‘(5) If such request is made by such store, concern, 
or State agency, such information as may be submitted 
by the store, concern, or State agency, as well as such 
other information as may be available, shall be reviewed 
by the person or persons designated by the Secretary, who 
shall, subject to the right of judicial review hereinafter 
provided, make a determination within 60 days after sub-
mission of the store’s response. The agency’s determina-
tion shall be final and shall take effect 30 days after the 
date of the delivery or service of such final notice of deter-
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mination. In all administrative proceedings involving the 
denial, withdrawal, or disqualification of a retail food store 
from the supplemental nutrition assistance program, the 
agency shall bear the burden of proof of establishing that 
the denial, withdrawal, or disqualification is based on a 
preponderance of the evidence. The agency shall produce, 
within 10 days of any request by the store or its counsel, 
all records reviewed or relied upon by the agency in issuing 
the charge letter or other notice. Notwithstanding any pro-
vision in this Act or other statutory provision, the agency 
shall produce information and records otherwise prohib-
ited from disclosure to counsel for the store subject to a 
nondisclosure agreement.’’. 
SEC. 3. REPORTING. 
Not later than 180 days after the enactment of this 
Act, the Secretary of Agriculture shall conduct a study 
that contains the following: 
(1) How often first-time trafficking offenders 
are given a penalty of permanent disqualification in 
lieu of civil penalty, disaggregated by— 
(A) the number of employees and revenue, 
and 
(B) the race and ethnicity of owners. 
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(2) An analysis of the Anti-Fraud Locator 
Using 
Electronic 
Benefits 
Transfer 
System 
(ALERT) including— 
(A) what are the metrics of detecting 
fraudulent activity, 
(B) how the metrics of detecting fraudu-
lent activity were determined, 
(C) how often these metrics are updated to 
ensure they continue to be reliable, and 
(D) what metrics are reviewed in addition 
to ALERT findings to determine fraudulent ac-
tivity. 
SEC. 4. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act shall take effect 1 year after the date of the 
enactment of this Act. 
(b) EFFECTIVE DAY OF SECTION 3.—Section 3 shall 
take effect on the date of the enactment of this Act. 
Æ 
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