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.
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.
The Office of lnspector General's 2016 Audit Report, Food and Nutrition Service Controls over SNAP Benefits for Able Bodied Adults without Dependents, recommended that FNS perform analysis to identify problematic areas for states in terms of ABAWD policy and then provide states with additional best practices to address those areas.
SNAP Questions and Answers Concerning the Trafficking Controls and Fraud Investigations Final Rule
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.
This memorandum provides clarification of the Supplemental Nutrition Assistance Program (SNAP) comparable disqualification policy.
Strengthening SNAP integrity, rooting out waste, fraud and abuse so that federal dollars are used appropriately.
The purpose of this memo is to transmit guidance regarding the use of data that the Food and Nutrition Service (FNS) provides to states documenting retailer disqualifications as a potent source of evidence in recipient trafficking cases.