FNS Documents & Resources

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.

FNS has recently been reviewing its SNAP waiver processes and procedures. This memo serves to notify SNAP state agencies that FNS is no longer approving new interest income verification waivers or extending existing waivers. 

FNS is issuing this memorandum in fulfillment of the commitment made in the preamble of the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation, and Energy Act of 2008 final rule to provide additional guidance for state agencies on how to carry out the exclusion of certain military combat-related pay from income for purposes of SNAP eligibility determinations.

FNS offered state agencies the opportunity to test whether using Quarterly Wage Report data was sufficiently accurate to verify and project earned income in certain SNAP cases. Two state agencies, Texas and Utah, agreed to participate and run projects that ran through 2014 and 2015.

SNAP Questions and Answers Concerning the Trafficking Controls and Fraud Investigations Final Rule

FNS is issuing this affirmation of a final rule, without change, of an interim rule that amended SNAP regulations, to require state agencies to monitor electronic benefit transfer card replacement requests and send notices to those clients who have requested four cards within a 12-month period. 

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.

FNS is issuing a final rule to amend Supplemental Nutrition Assistance Program regulations to allow state agencies to deny a request for a replacement card until contact is made by the household with the state agency, if the requests for replacement cards are determined to be excessive.

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.