Ending Stolen SNAP Benefits Act of 2026
Officially: “Ending Stolen SNAP Benefits Act of 2026” Read the full text
What it does
Read it in plain language
1Short title
This section would let the Act be called the "Ending Stolen SNAP Benefits Act of 2026."
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1. Short title This Act may be cited as the Ending Stolen SNAP Benefits Act of 2026 .
2Amendments
This section would amend section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016), which covers the issuance of supplemental nutrition assistance program (SNAP) benefits. First, it would add wording to subsection (e) right after the word "mail," so that whatever subsection (e) already covers there would also extend to the reissuance of benefits stolen through identity theft or typical skimming practices. Second, in subsection (h)(7), it would relabel the existing regulation-writing authority (currently headed just "Regulations") as new subparagraph (A), titled "Reissuance of benefits," and would add a new subparagraph (B), titled "Reissuance of stolen benefits," with four parts. Under the first part, the Secretary of Agriculture would have to issue regulations, following the same rulemaking procedures the Secretary already uses under section 501(b)(1) of division HH of the Consolidated Appropriations Act, 2023, but without being bound by the limits in section 501(b)(2)(B) and (C) of that Act. Those regulations would have to set criteria and best practices for state agencies to identify SNAP benefits stolen by identity theft or typical skimming in a way that minimizes the burden on victim households to prove the theft; provide for reissuing stolen benefits to households that meet those criteria; and let state agencies reissue stolen benefits to the same household again, but only if the Secretary has approved that state agency's chip-card transition plan under section 16(l)(2). Under the second part, no later than 240 days after the Secretary issues those regulations, the Secretary would have to report to Congress on the status of reissued benefits, including how common stolen benefits are under the new rules, an examination of the barriers, feasibility, and impact on participant access and ease of use of adding chip technology alongside the traditional magnetic stripe on EBT cards, and any other information the Secretary considers appropriate. Under the third part, no later than 120 days after the end of each fiscal year that begins after the regulations are issued, the Secretary would have to submit to Congress, and make public, a report for that fiscal year, broken out by state, showing the total dollar value of benefits reissued under the regulations and the number of households that received reissued benefits. Under the fourth part, the Secretary would have to periodically review and update the regulations to account for changing technology and threats, so as to keep electronic benefit transfer cards as accessible and secure as possible.
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2. Amendments Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended— (1) in subsection (e) by inserting or from the reissuance of benefits stolen by identity theft or typical skimming practices after mail ; and (2) in subsection (h)(7)— (A) by striking Regulations and inserting the following: (A) Reissuance of benefits Regulations ; and (B) by adding at end the following: (B) Reissuance of stolen benefits (i) Issuance of regulations The Secretary shall issue regulations, consistent with the procedures determined by the Secretary under subparagraphs (A) and (B) of section 501(b)(1) of division HH of the Consolidated Appropriations Act, 2023 (Public Law 117–328; 7 U.S.C. 2016a(b)(1)), without regard to the limitations in subparagraphs (B) and (C) of section 501(b)(2) of such Act— (I) to establish criteria and best practices for State agencies to identify supplemental nutrition assistance program benefits stolen by identity theft or typical skimming practices in a way that minimizes the burden of victim households to establish the theft; (II) to provide for the reissuance to households of benefits stolen by identity theft, or typical skimming practices, that meet such criteria; and (III) to permit State agencies to reissue stolen benefits to the same household, provided the Secretary has approved a State agency’s transition plan in accordance with section 16(l)(2). (ii) Status report Not later than 240 days after the Secretary issues regulations under clause (i), the Secretary shall submit to the Congress a report on the status of benefits reissued under such regulations that includes— (I) a detailed description of the prevalence of stolen benefits for which benefits are reissued under such regulations; (II) an examination of current barriers, feasibility, and impact on participant access and ease of use in developing an electronic benefit transfer card that contains technologies such as an embedded microchip in common use in the financial services industry along with the traditional magnetic stripe; and (III) such other information as by the Secretary considers to be appropriate. (iii) Stolen benefit reissuance report Not later than 120 days after end of each fiscal year that begins after the Secretary issues regulations under clause (i), the Secretary shall submit to the Congress, and make available to the public, a report for such fiscal year with respect to each State that includes the aggregate value of supplemental nutrition assistance program benefits reissued under such regulations and the number of households to which such benefits were reissued. (iv) Evaluation To maximize the accessibility and security of electronic benefit transfer cards, the Secretary shall periodically review and modify such regulations to take into account evolving technology and the threat landscape to better protect against benefit theft. .
3Cost sharing for transitioning to chip-enabled EBT cards
This section would amend section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025), which sets the federal share of state administrative costs for running SNAP. It would change subsection (a) so that its general cost-sharing rule would no longer apply where the new subsection (l), described below, applies instead. It would then add a new subsection (l) requiring the Secretary of Agriculture, once a state agency's transition plan is approved, to pay that state agency 90 percent of all administrative costs it incurs in switching from magnetic-stripe EBT cards to EBT cards with chip technology that meets the American National Standards Institute X9.58-2024 EBT standard, or whatever standard succeeds it. Covered costs would include card issuance strategies, one-time up-front costs the state pays to card vendors, business and functional design requirements, implementation planning, system testing, education and outreach in language accessible to all households (including informational activities already required under subsection (a)(4)), and any other administrative fees reasonably necessary to carry out the chip-card switch. To get this funding, a state agency would have to submit a transition plan to the Secretary covering system testing and education and outreach to retailers and households, and the plan would have to include steps to make sure recipients keep uninterrupted access to their benefits during the transition. Within 90 days of receiving a complete plan, the Secretary would have to approve it, approve it with conditions, or disapprove it and give the state agency a written explanation of why. If the Secretary does not act within that 90-day window, the plan would count as approved. This new cost-sharing authority would end on September 30, 2031.
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3. Cost sharing for transitioning to chip-enabled EBT cards Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended— (1) in subsection (a), by striking subsection (k), and inserting subsection (k), except as provided in subsection (l), ; and (2) by adding at the end the following: (l) Administrative cost-Sharing for transitioning to chip-Enabled EBT cards (1) In general On approval of a plan submitted by a State agency under paragraph (2), the Secretary shall pay to such State agency an amount equal to 90 percent of all administrative costs incurred by the State agency in carrying out a transition from magnetic-stripe EBT cards to EBT cards with chip technology that complies with the American National Standards Institute X9.58–2024 EBT standard, or its succeeding standard, including costs associated with— (A) card issuance strategies; (B) one-time up-front costs paid by the State to card vendors; (C) business and functional design requirements; (D) implementation planning; (E) system testing; (F) education and outreach in language accessible by all households, including informational activities under subsection (a)(4); and (G) any other administrative fees reasonably necessary for the successful implementation of chip cards. (2) Approval of transition plans (A) Submission A State agency shall submit to the Secretary for approval a plan that carries out paragraph (1), including system testing, retailer and household education, and outreach efforts. State plans must include steps to ensure that recipients will retain access to their benefits without interruption during the transition. (B) Secretarial action Not later than 90 days after the date on which the Secretary receives a complete plan under subparagraph (A), the Secretary shall— (i) approve the plan; (ii) approve the plan with conditions; or (iii) disapprove the plan and provide the State agency with a written explanation of the reasons for such disapproval. (C) Deemed approval If the Secretary fails to take action within the 90-day period described in subparagraph (B), the plan shall be deemed approved. (3) Sunset This subsection shall sunset on September 30, 2031. .
Where it is
In the House.