I 118th CONGRESS 1st Session H. R. 3903 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.

1. Short title This Act may be cited as the Keeping SNAP in our Communities Act of 2023 . 2. Amendments Section 14(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a) ) is amended— (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 inserting 30 , (3) by amending subparagraph (4) to read as follows: (4) If such a request is not made by the store, concern, 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 determination shall be a final determination, subject to the provisions of judicial review. , and (4) by amending paragraph (5) to read as follows: (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 submission of the store’s response. The agency’s determination shall be final and shall take effect 30 days after the date of the delivery or service of such final notice of determination. 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 provision in this Act or other statutory provision, the agency shall produce information and records otherwise prohibited from disclosure to counsel for the store subject to a nondisclosure agreement. . 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. (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 fraudulent 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 activity. 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.