< Back to H.R. 1093 (104th Congress, 1995–1996)

Text of the Entitled “Food Stamp Program Integrity Act of 1995”.

This bill was introduced on March 1, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 1, 1995 (Introduced).

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HR 1093 IH

104th CONGRESS

1st Session

H. R. 1093

Entitled ‘Food Stamp Program Integrity Act of 1995’.

IN THE HOUSE OF REPRESENTATIVES

March 1, 1995

Mr. DE LA GARZA (for himself, Mr. HOLDEN, Mr. FARR, Mr. BROWN of California, Mr. PASTOR, and Mr. STENHOLM) introduced the following bill; which was referred to the Committee on Agriculture and, in addition, to the Committees on Ways and Means and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

Entitled ‘Food Stamp Program Integrity Act of 1995’.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--RETAILER INTEGRITY

AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS

    SEC. 101. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)) is amended by adding at the end the following new sentence: ‘The Secretary is authorized to issue regulations establishing specific time periods during which authorization to accept and redeem coupons under the Food Stamp Program shall be valid.’.

SPECIFIC PERIOD FOR PROHIBITING PARTICIPATION OF STORES BASED ON LACK OF BUSINESS INTEGRITY

    SEC. 102. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)(1)), as previously amended by this Act, is amended by adding at the end thereof the following new sentences: ‘The Secretary is authorized to issue regulations establishing specific time periods during which a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied or that has such an approval withdrawn on the basis of business integrity and reputation cannot submit a new application for approval. Such periods shall reflect the severity of business integrity infractions that are the basis of such denials or withdrawals.’.

INFORMATION FOR VERIFYING ELIGIBILITY FOR AUTHORIZATION

    SEC. 103. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C. 2018(c)) is amended by--

      (1) inserting after ‘submit information’ in the first sentence the following: ‘, which may include relevant income and sales tax filing documents,’; and

      (2) inserting after the first sentence the following new sentence: ‘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 appropriate agencies and to obtain corroborating documentation from other sources in order that the accuracy of information provided by such stores and concerns may be verified.’.

WAITING PERIOD FOR STORES THAT INITIALLY FAIL TO MEET AUTHORIZATION CRITERIA

    SEC. 104. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C. 2018(d)) is amended by adding at the end thereof the following new sentence: ‘Regulations issued pursuant to this Act shall prohibit a retail food store or wholesale food concern that has an application for approval to accept and redeem coupons denied because it does not meet criteria for approval established by the Secretary in regulations from submitting a new application for six months from the date of such denial.’.

BASES FOR SUSPENSIONS AND DISQUALIFICATIONS

    SEC. 105. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)) is amended by adding at the end thereof the following new sentence: ‘Regulations issued pursuant to this Act shall provide criteria for the finding of violations and the suspension or disqualification of a retail food store or wholesale food concern on the basis of evidence which may include, but is not limited to, facts established through on-site investigations, inconsistent redemption data or evidence obtained through transaction reports under electronic benefit transfer systems.’.

AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM REQUIREMENTS PENDING ADMINISTRATIVE AND JUDICIAL REVIEW

    SEC. 106. (a) Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C. 2021(a)), as previously amended by this Act, is amended by adding at the end thereof the following new sentences: ‘Such regulations may establish criteria under which the authorization of a retail food store or wholesale food concern to accept and redeem coupons may be suspended at the time such store or concern is initially found to have committed violations of program requirements. Such suspension may coincide with the period of a review as provided in section 14 of this Act. The Secretary shall not be liable for the value of any sales lost during any suspension or disqualification period.’.

    (b) Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended by--

      (1) inserting in the first sentence immediately before ‘disqualified or subjected’ the word ‘suspended,’;

      (2) inserting immediately before the period at the end of the fifth sentence ‘: Provided, That notwithstanding any other provision of law, in the case of the suspension of a retail food store or wholesale food concern pursuant to section 12(a) of this Act, such suspension shall remain in effect pending any administrative or judicial review of the proposed disqualification action and the period of suspension shall be deemed a part of any period of disqualification which is imposed.’; and

      (3) striking the last sentence.

DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED FROM THE WIC PROGRAM

    SEC. 107. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding the following new subsection:

    ‘(g) The Secretary shall issue regulations providing criteria for the disqualification of approved retail food stores and wholesale food concerns that are otherwise disqualified from accepting benefits under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized under section 17 of the Child Nutrition Act of 1966. Such disqualification (1) shall be for the same period as the disqualification from the WIC Program, (2) may begin at a later date, and (3) notwithstanding the provisions of section 14 of this Act, shall not be subject to administrative or judicial review.’.

PERMANENT DEBARMENT OF RETAILERS WHO INTENTIONALLY SUBMIT FALSIFIED APPLICATIONS

    SEC. 108. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding the following new subsection:

    ‘(h) The Secretary shall issue regulations providing for the permanent disqualification of a retail food store or wholesale food concern that is determined to have knowingly submitted an application for approval to accept and redeem coupons which contains false information about one or more substantive matters which were the basis for providing approval. Any disqualification imposed under this subsection shall be subject to administrative and judicial review pursuant to section 14 of this Act but such disqualification shall remain in effect pending such review.’.

EXPANDED CIVIL AND CRIMINAL FORFEITURE FOR VIOLATIONS OF THE FOOD STAMP ACT

    SEC. 109. (a) FORFEITURE OF ITEMS EXCHANGED IN FOOD STAMP TRAFFICKING- 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) CIVIL AND CRIMINAL FORFEITURE- Section 15 of the Food Stamp Act of 1977 (7 U.S.C. 2024)) is amended by adding the following new subsection:

    ‘(h)(1) Civil Forfeiture for Food Stamp Benefit Violations-

      ‘(A) Any food stamp benefits and any property, real or personal--

        ‘(i) constituting, derived from, or traceable to any proceeds obtained directly or indirectly from, or

        ‘(ii) used, or intended to be used, to commit, or to facilitate,

      the commission of a violation of subsection (b) or subsection (c) of this section involving food stamp benefits having an aggregate value of not less than $5,000, shall be subject to forfeiture to the United States.

      ‘(B) The provisions of chapter 46 of title 18, relating to civil forfeitures shall extend to a seizure or forfeiture under this subsection, insofar as applicable and not inconsistent with the provisions of this subsection.

    ‘(2) CRIMINAL FORFEITURE FOR FOOD STAMP BENEFIT VIOLATIONS-

      ‘(A)(i) Any person convicted of violating subsection (b) or subsection (c) of this section involving food stamp benefits having an aggregate value of not less than $5,000, shall forfeit to the United States, irrespective of any State law--

        ‘(I) any food stamp benefits and any property constituting, or derived from, or traceable to any proceeds such person obtained directly or indirectly as a result of such violation; and

        ‘(II) any food stamp benefits and any of such person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation.

      ‘(ii) In imposing sentence on such person, the court shall order that the person forfeit to the United States all property described in this subsection.

      ‘(B) All food stamp benefits and any property subject to forfeiture under this subsection, any seizure and disposition thereof, and any administrative or judicial proceeding relating thereto, shall be governed by subsections (b), (c), (e), and (g) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), insofar as applicable and not inconsistent with the provisions of this subsection.

    ‘(3) This subsection shall not apply to property specified in subsection (g) of this section.

    ‘(4) The Secretary may prescribe such rules and regulations as may be necessary to carry out this subsection.’.

EXPANDED AUTHORITY FOR SHARING INFORMATION PROVIDED BY RETAILERS

    SEC. 110. (a) Section 205(c)(2)(C)(iii) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(iii)) (as amended by section 316(a) of the Social Security Administrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464) is amended by--

      (1) inserting in the first sentence of subclause (II) immediately after ‘instrumentality of the United States’ the following: ‘, or State government officers and employees with law enforcement or investigative responsibilities, or State agencies that have the responsibility for administering the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)’;

      (2) inserting in the last sentence of subclause (II) immediately after ‘other Federal’ the words ‘or State’; and

      (3) inserting ‘or a State’ in subclause (III) immediately after ‘United States’.

    (b) Section 6109(f)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6109(f)(2)) (as added by section 316(b) of the Social Security Administrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464) is amended by--

      (1) inserting in subparagraph (A) immediately after ‘instrumentality of the United States’ the following: ‘, or State government officers and employees with law enforcement or investigative responsibilities, or State agencies that have the responsibility for administering the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)’;

      (2) inserting in the last sentence of subparagraph (A) immediately following ‘other Federal’ the words ‘or State’; and

      (3) inserting ‘or a State’ in subparagraph (B) immediately after ‘United States’.

EXPANDED DEFINITION OF ‘COUPON’

    SEC. 111. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C. 2012(d)) is amended by striking ‘or type of certificate’ and inserting in lieu thereof ‘type of certificate, authorization cards, cash or checks issued in lieu of coupons or access devices, including, but not limited to, electronic benefit transfer cards and personal identification numbers’.

TITLE II--RECIPIENT INTEGRITY

DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM REQUIREMENTS

    SEC. 201. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) is amended by--

      (1) striking in clause (i) ‘six months’ and inserting in lieu thereof ‘1 year’; and

      (2) striking in clause (ii) ‘1 year’ and inserting in lieu thereof ‘2 years’.

MANDATORY CLAIMS COLLECTION METHODS

    SEC. 202. (a) Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)) is amended by inserting before the semi-colon at the end thereof the following: ‘or refunds of Federal taxes as authorized pursuant to 31 U.S.C. 3720A’.

    (b) Section 13(d) of the Food Stamp Act of 1977 (7 U.S.C. 2022(d)) is amended by--

      (1) striking ‘may’ and inserting in lieu thereof ‘shall’; and

      (2) inserting before the period at the end thereof the following: ‘or refunds of Federal taxes as authorized pursuant to 31 U.S.C. 3720A’.

    (c) Section 6103(1) of the Internal Revenue Code (26 U.S.C. 6103(1)) is amended by--

      (1) striking ‘officers and employees’ in paragraph (10)(A) and inserting in lieu thereof ‘officers, employees or agents, including State agencies’; and

      (2) striking ‘officers and employees’ in paragraph (10)(B) and inserting in lieu thereof ‘officers, employees or agents, including State agencies’.

    (d) The provisions of this section shall be effective October 1, 1995.

TITLE III--IMPLEMENTATION AND EFFECTIVE DATES

    SEC. 301. Except as otherwise provided in this Act, the provisions of this Act shall become effective and be implemented on the date of enactment.