330
under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) shall receive benefits under
this section. Such households shall be eligible auto-
matically to participate in the Simplified Program;
and
‘‘(2) subject to subsection (f), benefits under
the Simplified Program shall be determined under
rules and procedures established by the State
under—
‘‘(A) a State program funded under part A
of title IV of the Social Security Act (42 U.S.C.
601 et seq.);
‘‘(B) the food stamp program; or
‘‘(C) a combination of a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) and the
food stamp program.
‘‘(d)(1) A State agency may not operate a Simplified
Program unless the Secretary approves a State plan for
the operation of the Simplified Program under paragraph
(2).
‘‘(2) The Secretary may approve any State plan to
carry out a Simplified Program if the Secretary deter-
mines that the plan—
331
‘‘(A) simplifies program administration while
fulfilling the goals of the food stamp program to
permit low-income households to obtain a more nu-
tritious diet;’’
‘‘(B) complies with this section;
‘‘(C) would not increase Federal costs for any
fiscal year; and
‘‘(D) would not substantially alter, as deter-
mined by the Secretary, the appropriate distribution
of benefits according to household need.
‘‘(e)(1) During each fiscal year and not later than
90 days after the end of each fiscal year, the Secretary
shall determine, using data provided by the State agency
and which the Secretary considers appropriate, whether
a Simplified Program being carried out by a State agency
is increasing Federal costs under this Act above what the
costs would have been for the same population had they
been subject to the rules of the Food Stamp Program.
‘‘(2) If the Secretary determines that the Simplified
Program has increased Federal costs under this Act for
any fiscal year or any portion of any fiscal year, the Sec-
retary shall notify the State not later than 30 days after
the Secretary makes the determination under paragraph
(1).
332
‘‘(3)(A) Not later than 90 days after the date of a
notification under paragraph (2), the State shall submit
a plan for approval by the Secretary for prompt corrective
action that is designed to prevent the Simplified Program
from increasing Federal costs under this Act.
‘‘(B) If the State does not submit a plan under sub-
paragraph (A) or carry out a plan approved by the Sec-
retary, the Secretary shall terminate the approval of the
State agency operating the Simplified Program and the
State agency shall be ineligible to operate a future Sim-
plified Program.
‘‘(f)(1) In operating a Simplified Program, a State
or political subdivision of a State may follow the rules and
procedures established by the State or political subdivision
under a State program funded part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or under the
food stamp program.
‘‘(2) In operating a Simplified Program, a State or
political subdivision shall comply with the requirements
of—
‘‘(A) subsection 5(e) to the extent that it re-
quires an excess shelter expense deduction;
‘‘(B) section 7(a) through (g);
‘‘(C) section 8(a) (except that the income of a
household may be determined under a State pro-
333
gram funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.));
‘‘(D) section 8(b) and (d);
‘‘(E) section 11(a), (c), (d), and (n);
‘‘(F) section 11(e) (8), (9), (12), (15), (17),
(19), (23), and (24);
‘‘(G) section 11(e)(2), to the extent that it re-
quires the State agency to provide an application to
households on the first day they contact a food
stamp office in person during office hours to make
what reasonably may be interpreted as an oral or
written request for food stamp assistance and to
allow those households to file the application on the
same day.
‘‘(H) section 11(e)(3), to the extent that it re-
quires the State agency to complete certification of
an eligible household and provide an allotment retro-
active to the period of application to an eligible
household not later than 30 days following the filing
of an application;
‘‘(I) section 11(e)(10) (or a comparable require-
ment established by the State under a State pro-
gram funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)); and
‘‘(J) section 16.
334
‘‘(3) Notwithstanding any other provision of this sec-
tion, a household may not receive benefits under this sec-
tion as a result of the eligibility of the household under
a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), unless the
Secretary determines that any household with income
above 130 percent of the poverty guidelines is not eligible
for the Program.’’.
(b) Section 8 of the Food Stamp Act of 1977 (7
U.S.C. 2017), as amended by this Act, is further amended
by striking subsection (e) and redesignating subsection (f)
as subsection (e).
(c) Section 11(e) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)), as amended by this Act, is further
amended by adding after paragraph (26), as added by sec-
tion 323(b) of this Act, the following new paragraph—
‘‘(27) if a State elects to carry out a Simplified
Food Stamp Program under section 24, the plans of
the State agency for operating the Simplified Pro-
gram, including—
‘‘(A) the rules and procedures to be fol-
lowed by the State to determine food stamp
benefits; and
335
‘‘(B) a description of the method by which
the State will carry out a quality control system
under section 16(c).’’.
(d) Section 17 of the Food Stamp Act of 1977 (7
U.S.C. 2026) is amended by—
(1) striking subsection (i); and
(2) redesignating subsections (j) through (l) as
subsections (i) through (k), respectively.
SEC. 330. REAUTHORIZE APPROPRIATIONS FOR THE FOOD
STAMP PROGRAM.
The first sentence of section 18(a)(1) of the Food
Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by
striking ‘‘1997’’ and inserting ‘‘2002’’.
PART 2—NONBUDGETARY PROPOSALS
SEC. 341. EXPAND DEFINITION OF COUPON.
Section 3(d) of the Food Stamp Act of 1977 (7
U.S.C. 2012(d)) is amended by striking ‘‘or type of certifi-
cate’’ and inserting ‘‘type of certificate, authorization
card, cash or check issued in lieu of a coupon, or an access
device, including an electronic benefits transfer card or a
personal identification number,’’.
SEC. 342. CLARIFY DEFINITION OF HOMELESS INDIVIDUAL.
Section 3(s)(2)(C) of the Food Stamp Act of 1977
(7 U.S.C. 2012(s)(2)(C)) is amended by inserting ‘‘for not
more than 90 days’’ after ‘‘temporary accommodation’’.
336
SEC. 343. PROVIDE STATE OPTION FOR ELIGIBILITY STAND-
ARDS.
Section 5(b) of the Food Stamp Act of 1977 (7
U.S.C. 2014(d)) is amended by striking ‘‘(b) The Sec-
retary’’ and inserting the following—
‘‘(b) Except as otherwise provided in this Act, the
Secretary’’.
SEC. 344. DOUBLE PENALTIES FOR VIOLATING FOOD
STAMP PROGRAM REQUIREMENTS.
Section 6(b)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2015(b)(1)) is amended—
(1) in clause (i), by striking ‘‘six months upon’’
and inserting ‘‘1 year on’’; and
(2) in clause (ii), by striking ‘‘1 year’’ and in-
serting ‘‘2 years’’.
SEC. 345. PROVIDE STATE OPTION TO LOWER AGE OF
CARETAKER EXEMPTION.
Section 6(d)(2) of the Food Stamp Act of 1977 (7
U.S.C. 2015(d)(2)) is amended by striking subparagraph
(B) and inserting the following—
‘‘(B) a parent or other member of a house-
hold with responsibility for the care of (i) a de-
pendent child under the age of 6 or any lower
age designated by the State agency that is not
under the age of 1 if adequate child care is not
available, or (ii) an incapacitated person;’’.
338
(i) by striking subclauses (I) and (II);
and
(ii) by redesignating subclauses (III)
and (IV) as subclauses (I) and (II), respec-
tively;
(3) in subparagraph (D)—
(A) in clause (i), by striking ‘‘to which the
application’’ and all that follows through ‘‘30
days or less’’;
(B) in clause (ii), by striking ‘‘but with re-
spect’’ and all that follows through ‘‘child
care’’; and
(C) in clause (iii), by striking ‘‘, on the
basis of’’ and all that follows through ‘‘clause
(ii)’’ and inserting ‘‘the exemption continues to
be valid’’;
(4) in subparagraph (E), by striking the third
sentence;
(5) in subparagraph (G)—
(A) by striking ‘‘(G)(i) The State’’ and in-
serting ‘‘(G) The State’’; and
(B) by striking clause (ii);
(6) in subparagraph (H), by striking ‘‘(H)(i)
The Secretary’’ and all that follows through ‘‘(ii)
Federal funds’’ and inserting ‘‘(H) Federal funds’’;
339
(7)(A) by striking subparagraphs (K) and (L)
and inserting the following—
‘‘(K) Notwithstanding any other provision
of this paragraph, the amount of funds a State
agency uses to carry out this paragraph (includ-
ing under subparagraph (I)) for participants
who are receiving benefits under a State pro-
gram funded under part A of title IV of the So-
cial Security Act (42 U.S.C. 601 et seq.) shall
not exceed the amount of funds the State agen-
cy used in fiscal year 1995 to carry out this
paragraph for participants who were receiving
benefits in fiscal year 1995 under a State pro-
gram funded under part A of title IV of the So-
cial Security Act (42 U.S.C. 601 et seq.).’’; and
(B) by redesignating subparagraphs (M) and
(N) as subparagraphs (L) and (M), respectively; and
(8) in subparagraph (L) (as redesignated by
paragraph (8)(B))—
(A) by striking ‘‘(L)(i) The Secretary’’ and
inserting ‘‘(L) The Secretary’’; and
(B) by striking clause (ii).
(b) Section 16(h) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)) is amended—
(1) in paragraph (5)—
340
(A) by striking ‘‘(5)(A) The Secretary’’
and inserting ‘‘(5) The Secretary’’; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (6).
SEC. 347. DISQUALIFY FLEEING FELONS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015), as amended by this Act, is further amended by
adding at the end the following new subsection—
‘‘(k) No member of a household who is otherwise eli-
gible to participate in the food stamp program shall be
eligible to participate in the program as a member of that
or any other household during any period during which
the individual is—
‘‘(1) fleeing to avoid prosecution, or custody or
confinement after conviction, under the law of the
place from which the individual is fleeing, for a
crime, or attempt to commit a crime, that is a felony
under the law of the place from which the individual
fleeing or that, in the case of New Jersey, is a high
misdemeanor under the law of New Jersey; or
‘‘(2) violating a condition of probation or parole
imposed under Federal or State law.’’.
341
SEC. 348. ENCOURAGE ELECTRONIC BENEFIT TRANSFER
SYSTEMS.
(a) Section 7(g) of the Food Stamp Act of 1977 (7
U.S.C. 2016(g)) is amended by—
(1) striking ‘‘(1)’’;
(2) striking paragraph (2); and
(3) striking ‘‘(A)’’ and ‘‘(B)’’ and inserting in
lieu thereof ‘‘(1)’’ and ‘‘(2)’’, respectively.
(b) Section 7(i) of the Food Stamp Act of 1977 (7
U.S.C. 2016(i) is amended by—
(1) striking paragraph (1) and inserting the fol-
lowing—
‘‘(1)(A) Each State agency shall implement an
electronic benefit transfer system in which household
benefits determined under section 8(a) or 24 are is-
sued from and stored in a central databank before
October 1, 2002, unless the Secretary provides a
waiver for a State agency that faces unusual bar-
riers to implementing an electronic benefit transfer
system.
‘‘(B) Subject to paragraph (2), a State agency
may procure and implement an electronic benefit
transfer system under the terms, conditions, and de-
sign that the State agency considers appropriate.
342
‘‘(C) An electronic benefit transfer system
should take into account generally accepted standard
operating rules based on—
‘‘(i) commercial electronic funds transfer
technology;
‘‘(ii) the need to permit interstate oper-
ation and law enforcement monitoring; and
‘‘(iii) the need to permit monitoring and
investigations by authorized law enforcement
agencies.’’;
(2) striking subparagraph (2)(A) and redesig-
nating subparagraphs (B) through (H) as (A)
through (G), respectively; and
(3) adding at the end the following—
‘‘(7) A State agency may collect a charge for
replacement of an electronic benefit transfer card by
reducing the monthly allotment of the household re-
ceiving the replacement card.
‘‘(8)(A) A State agency may require that an
electronic benefit card contain a photograph of 1 or
more members of a household.
‘‘(B) If a State agency requires a photograph
on an electronic benefit card under subparagraph
(A), the State agency shall establish procedures to
ensure that any other appropriate member of the
343
household or any authorized representative of the
household may utilize the card.’’; and
(c) Section 10 of the Food Stamp Act of 1977 (7
U.S.C. 2019) is amended by inserting before the period
at the end of the first sentence the following: ‘‘unless such
centers, organizations, institutions, shelters, group living
arrangements, and establishments are equipped with
point-of-sale devices for the purpose of participating in
electronic benefit transfer delivery systems’’.
SEC. 349. AUTHORIZE EXCHANGE OF LAW ENFORCEMENT
INFORMATION.
Section 11(e)(8) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)(8)), as amended by this Act, is further
amended as follows—
(1) by striking ‘‘and’’ before ‘‘(C)’’; and
(2) by adding at the end the following: ‘‘and
(D) notwithstanding any other law, the address, so-
cial security number, and, if available, photograph of
any member of a household shall be made available,
on request, to any Federal, State, or local law en-
forcement officer if the officer furnishes the State
agency with the name of the member and notifies
the agency that—
‘‘(i) the member—
344
‘‘(I) is fleeing to avoid prosecu-
tion, or custody or confinement after
conviction, for a crime (or attempt to
commit a crime) that, under the law
of the place the member is fleeing, is
a felony (or, in the case of New Jer-
sey, a high misdemeanor), or is violat-
ing a condition of probation or parole
imposed under Federal or State law;
or
‘‘(II) has information that is nec-
essary for the officer to conduct an of-
ficial duty relayed to subclause (I);
‘‘(ii) locating or apprehending the
member is an official duty; and
‘‘(iii) the request is being made in the
proper exercise of an official duty; and
‘‘(E) the safeguards shall not prevent com-
pliance with paragraph (16);’’.
SEC. 350. SIMPLIFY ADMINISTRATION OF EXPEDITED SERV-
ICE.
Section 11(e)(9) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)(9)) is amended—
(1) in subparagraph (A)—
345
(A) by striking ‘‘five days’’ and inserting
‘‘7 days’’; and
(B) by inserting ‘‘and’’ at the end;
(2) by striking subparagraphs (B) and (C);
(3) by redesignating subparagraph (D) as sub-
paragraph (B); and
(4) in subparagraph (B), as redesignated by
paragraph (3), by striking ‘‘, (B), or (C)’’.
PART 3—ADMINISTRATIVE FLEXIBILITY
PROPOSALS
SEC. 361. EXPAND STATE AUTHORITY TO DEFINE CERTIFI-
CATION PERIOD.
Section 3(c) of the Food Stamp Act of 1977 (7
U.S.C. 2012(c)) is amended by striking ‘‘Except as pro-
vided’’ and all that follows and inserting the following—
‘‘The certification period shall not exceed 12 months,
except that the certification period may be up to 24
months if all adult household members are elderly or dis-
abled. A State agency shall have at least 1 contact with
each certified household every 12 months.’’.
346
SEC. 362. PROVIDE STATE OPTION TO COMBINE ALLOT-
MENTS FOR EXPEDITED SERVICE HOUSE-
HOLDS.
Section 8(c) of the Food Stamp Act of 1977 (7
U.S.C. 2017(c)) is amended by striking paragraph (3) and
inserting the following:
‘‘(3) A State agency may provide to an eligible
household applying after the 15th day of a month,
in lieu of the initial allotment of the household and
the regular allotment of the household for the follow-
ing month, an allotment that is equal to the total
amount of the initial allotment and the first regular
allotment. The allotment shall be provided in accord-
ance with section 11(e)(3) in the case of a household
that is not entitled to expedited service and in ac-
cordance with paragraphs (3) and (9) of section
11(e) in the case of a household that is entitled to
expedited service.’’.
SEC. 363. REVISE TREATMENT OF ALLOTMENTS FOR
HOUSEHOLDS RESIDING IN CENTERS.
Section 8 of the Food Stamp Act of 1977 (7 U.S.C.
2017) is amended by adding at the end the following:
‘‘(f)(1) In the case of an individual who resides in
a center for the purpose of a drug or alcoholic treatment
program described in the last sentence of section 3(i), a
347
State agency may provide an allotment for the individual
to—
‘‘(A) the center as an authorized representative
of the individual for a period that is less than 1
month; and
‘‘(B) the individual, if the individual leaves the
center.
‘‘(2) A State agency may require an individual re-
ferred to in paragraph (1) to designate the center in which
the individual resides as the authorized representative of
the individual for the purpose of receiving an allotment.’’.
SEC. 364. IMPROVE OPERATION OF FOOD STAMP OFFICES.
Section 11 of the Food Stamp Act of 1977 (7 U.S.C.
2020) is amended—
(1) in subsection (e)—
(A) by striking paragraph (2) and insert-
ing the following—
‘‘(2)(A) that the State agency shall establish
procedures governing the operation of food stamp of-
fices that the State agency determines best serve
households in the State, including households with
special needs, such as households with elderly or dis-
abled members, households with low-income mem-
bers who reside in rural areas, homeless individuals,
households residing on reservations, and households
348
in which a substantial number of members speak a
language other than English.
‘‘(B) In carrying out subparagraph (A), a State
agency—
‘‘(i) shall provide timely, accurate, and fair
service to applicants for, and participants in,
the food stamp program;
‘‘(ii) shall develop an application contain-
ing the information necessary to comply with
this Act;
‘‘(iii) shall permit an applicant household
to apply to participate in the program on the
same day that the household first contacts a
food stamp office in person during office hours;
‘‘(iv) shall consider an application that
contains the name, address, and signature of
the applicant filed on the date the applicant
submits the application;
‘‘(v) shall require that an adult representa-
tive of each applicant household certify in writ-
ing, under penalty of perjury, that—
‘‘(I) the information contained in the
application is true; and
349
‘‘(II) all members of the household
are citizens or are aliens eligible to receive
food stamps under section 6(f);
‘‘(vi) shall provide a method of certifying
and issuing coupons to eligible homeless individ-
uals, to ensure that participation in the food
stamp program is limited to eligible households;
and
‘‘(vii) may establish operating procedures
that vary for local food stamp offices to reflect
regional and local differences within the
State;’’;
‘‘(C) Nothing in this Act shall prohibit the use
of signatures provided and maintained electronically,
storage of records using automated retrieval systems
only, or any other features of a State agency’s appli-
cation system that does not rely exclusively on the
collection and retention of paper applications or
other records.
‘‘(D) The signature of any adult under this
paragraph shall be sufficient to comply with any
provision of Federal law requiring a household mem-
ber to sign an application or statement.’’;
(B) in paragraph (3) by striking ‘‘and that
the State agency shall provide the household’’
350
and all that follows through ‘‘representative of
the State agency.’’;
(C) by striking paragraphs (14) and (25);
and
(D) by redesignating paragraphs (15)
through (27) as paragraphs (14) through (25),
respectively; and
(2) in subsection (i)—
(A) by striking ‘‘(i) Notwithstanding’’ and
all that follows through ‘‘(2)’’ and inserting the
following—
‘‘(i)(1) Notwithstanding any other provision of law,’’;
and
(B) by striking ‘‘; (3) households’’ and all
that follows through ‘‘title IV of the Social Se-
curity Act. No’’ and inserting a period and the
following—
‘‘(2) Other than in a case of disqualification as a pen-
alty for failure to comply with a public assistance program
rule or regulation, no’’.
SEC. 365. DELETE FEDERAL REQUIREMENT FOR STATE EM-
PLOYEE TRAINING.
Section 11(e)(6) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)(6)) is amended by—
351
(1) inserting ‘‘and’’ at the end of subparagraph
(B);
(2) striking in subparagraph (B), ‘‘United
States Civil Service Commission’’ and inserting ‘‘Of-
fice of Personnel Management’’; and
(3) striking subparagraphs (C) through (E).
SEC. 366. AUTHORIZE ORAL WITHDRAWAL OF FAIR HEAR-
ING REQUESTS.
Section 11(e)(10) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)(10)) is amended by inserting before the
semicolon at the end a period and the following:
‘‘At the option of a State, at any time prior to a fair
hearing determination under this paragraph, a household
may withdraw, orally or in writing, a request by the house-
hold for a fair hearing. If the withdrawal request is an
oral request, the State agency shall provide a written no-
tice to the household confirming the withdrawal request
and providing the household with an opportunity to re-
quest a hearing’’.
SEC. 367. DELETE REDUNDANT FEDERAL STANDARDS FOR
ADMINISTRATION.
(a) Section 16 of the Food Stamp Act of 1977 (7
U.S.C. 2025) is amended by striking subsection (b).
(b) The first sentence of section 11(g) of the Food
Stamp Act of 1977 (7 U.S.C. 2020(g)) is amended by
352
striking ‘‘the Secretary’s standards for the efficient and
effective administration of the program established under
section 16(b)(1) or’’.
(c) Section 16(c)(1)(B) of the Food Stamp Act of
1977 (7 U.S.C. 2025(c)(1)(B)) is amended by striking
‘‘pursuant to subsection (b)’’.
PART 4—PROPOSALS FOR STRENGTHENING
RETAILER MANAGEMENT
SEC. 371. PROVIDE AUTHORITY TO ESTABLISH AUTHORIZA-
TION PERIODS.
Section 9(a) of the Food Stamp Act of 1977 (7
U.S.C. 2018(a)) is amended by adding at the end the fol-
lowing—
‘‘(3) The Secretary shall establish specific time
periods during which authorization to accept and re-
deem coupons or to redeem benefits through an elec-
tronic benefit transfer system shall be valid under
the food stamp program.’’.
SEC. 372. PROVIDE AUTHORITY TO REQUIRE INFORMATION
FOR VERIFYING ELIGIBILITY FOR AUTHOR-
IZATION.
Section 9(c) of the Food Stamp Act of 1977 (7
U.S.C. 2018(c)) is amended—
353
(1) in the first sentence, by inserting ‘‘, which
may include relevant income and sales tax filing doc-
uments,’’ after ‘‘submit information’’; and
(2) by inserting after the first sentence the fol-
lowing—
‘‘The regulations may require retail food stores and
wholesale food concerns to provide written authorization
for the Secretary to verify all relevant tax filings with ap-
propriate agencies and to obtain corroborating documenta-
tion from other sources so that the accuracy of informa-
tion provided by the stores and concerns may be verified.’’.
SEC. 373. ESTABLISH WAITING PERIOD FOR STORES THAT
INITIALLY FAIL TO MEET AUTHORIZATION
CRITERIA.
Section 9(d) of the Food Stamp Act of 1977 (7
U.S.C. 2018(d)) is amended by adding at the end the fol-
lowing—
‘‘A retail food store or wholesale food concern that
is denied approval to accept and redeem coupons because
the store or concern does not meet criteria for approval
established by the Secretary may not, for at least 6
months, submit a new application to participate in the
program. The Secretary may establish a longer time pe-
riod under the preceding sentence, including permanent
354
disqualification, that reflects the severity of the basis of
the denial.’’.
SEC. 374. DISQUALIFY RETAILERS WHO INTENTIONALLY
SUBMIT FALSIFIED APPLICATIONS.
Section 12(b) of the Food Stamp Act of 1977 (7
U.S.C. 2021(b)) is amended by—
(1) striking at the end of paragraph (2) ‘‘and’’;
(2) striking in paragraph (3) the period at the
end and inserting ‘‘, and’’; and
(3) adding at the end the following—
‘‘(4) for a reasonable period of time to be deter-
mined by the Secretary, including permanent dis-
qualification, on the knowing submission of an appli-
cation for the approval or reauthorization to accept
and redeem coupons that contain false information
about a substantive matter that was a part of the
application.’’.
SEC. 375. DISQUALIFY RETAILERS WHO ARE DISQUALIFIED
UNDER THE WIC PROGRAM.
Section 12 of the Food Stamp Act of 1977 (7 U.S.C.
2021) is amended by adding at the end the following—
‘‘(g)(1) The Secretary shall issue regulations provid-
ing criteria for the disqualification under this Act of an
approved retail food store and a wholesale food concern
that is disqualified from accepting benefits under the spe-
355
cial supplemental nutrition program for women, infants,
and children established under section 17 of the Child Nu-
trition Act of 1966 (7 U.S.C. 1786).
‘‘(2) A disqualification under paragraph (1)—
‘‘(A) shall be for the same period as the dis-
qualification from the program referred to in para-
graph (1);
‘‘(B) may begin at a later date than the dis-
qualification from the program referred to in para-
graph (1); and
‘‘(C) notwithstanding section 14, shall not be
subject to judicial or administrative review.’’.
SEC. 376. AUTHORIZE SUSPENSION OF STORES VIOLATING
PROGRAM REQUIREMENTS PENDING ADMIN-
ISTRATIVE AND JUDICIAL REVIEW.
Section 14(a) of the Food Stamp Act of 1977 (7
U.S.C. 2023(a)) is amended by—
(1) redesignating the first through seventeenth
sentences as paragraphs (1) through (17), respec-
tively; and
(2) adding at the end the following:
‘‘(18) Notwithstanding any other provision of
this subsection, any permanent disqualification of a
retail food store or wholesale food concern under
paragraph (3) or (4) of section 12(b) shall be effec-
356
tive from the date of receipt of the notice of dis-
qualification. If the disqualification is reversed
through administrative or judicial review, the Sec-
retary shall not be liable for the value of any sales
lost during the disqualification period.’’.
SEC. 377. EXPAND CIVIL AND CRIMINAL FORFEITURE FOR
VIOLATIONS OF THE FOOD STAMP ACT.
(a) The first sentence of section 15(g) of the Food
Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by
striking ‘‘or intended to be furnished’’.
(b) Section 15 of the Food Stamp Act of 1977 (7
U.S.C. 2024) is amended by adding the following new sub-
sections:
‘‘(h) CIVIL FORFEITURE.—
‘‘(1) Any property, real or personal,
‘‘(A) constituting, derived from, or trace-
able to any proceeds obtained directly or indi-
rectly from, or
‘‘(B) used, or intended to be used, to com-
mit or to facilitate, the commission of a viola-
tion (other than a misdemeanor) of subsection
(b) or (c) of this section, shall be subject to for-
feiture to the United States.
‘‘(2) The provisions of chapter 46 of title 18,
relating to civil forfeitures shall extend to a seizure