USDA is aware of increased reports of EBT theft due to card skimming, cloning, and similar fraudulent methods. On Dec. 29, 2022, President Joseph R. Biden signed into law the Consolidated Appropriations Act, 2023 (the Omnibus), which includes provisions for the replacement of stolen EBT benefits with federal funds.
USDA's FNS and ACF at the Department of Health and Human Services are aware of increasing reports of benefit theft by criminal actors through EBT card skimming schemes. After discussions with EBT processors and fraud prevention stakeholders, FNS and ACF have identified prevention measures that can be adopted to improve card security while we work towards longer-term strategies.
This policy memorandum transmits the Civil Monetary Penalty (CMP) inflation adjustment for 2021 for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The adjustment was published in the Federal Register as part of the Civil Monetary Penalty Inflation Adjustments for 2021 Final Rule published on May 10, 2021, at 86 FR 24699.
Any firm may request administrative and judicial review, if it is aggrieved by any of the actions described in SNAP regulations. The Administrative Review Branch ensures that FNS follows the provisions of the Food and Nutrition Act, SNAP regulations, and agency retailer policy, and that the agency's administrative actions are equitable and consistent.
FNS is cancelling Policy Memoranda FD-010, FD-027, FD-028, FD-029, FD-032, FD-053, FD-055, FD-071, FD-073, FD-074, FD-083, FD-086, FD-087, FD-090, FD-105, and FD-115. The guidance provided by these memoranda are either outdated, obsolete, or otherwise captured in more current memoranda.
SNAP Questions and Answers Concerning the Trafficking Controls and Fraud Investigations Final Rule
The purpose of this memorandum is to advise you of a new and revised requirement for all Receiving Organizations (i.e., organizations that receive shipments of Department of Agriculture (USDA) Foods, including Distributing Agencies, Indian Tribal Organizations (ITO), recipient agencies, processors, and warehouses). This memorandum replaces the previous FD-062 dated April 25, 2011 , and adjusts the maximum timeframe for entering shipment receipts in the Web-Based Supply Chain Management System.
In February, 2013, FNS published final regulations revising the definition of trafficking. It subsequently came to our attention that some states were not clear that upon its effective date, federal law takes precedence and states were expected to implement the new federal trafficking definition.
The increased focus on SNAP integrity has required FNS and the states to review their procedures for responding to integrity issues, specifically a clarification of FNS' responsibility when a state employee is found guilty of fraud while administering the program.
Strengthening SNAP integrity, rooting out waste, fraud and abuse so that federal dollars are used appropriately.