WASHINGTON – The U.S. Department of Agriculture (USDA) released a proposed rule this week related to the use of identification photographs on Electronic Benefit Transfer (EBT) cards used for the redemption of Supplemental Nutrition Assistance Program (SNAP) benefits.
The proposal, published in the Federal Register on Wednesday, establishes implementation requirements for states seeking to require photo IDs on SNAP EBT cards. State agencies that administer the SNAP program have the option to require, or allow on a voluntary basis, that EBT cards include a photograph of one or more members of the beneficiary’s household. Current law also says that if a state requires a photograph, it must establish procedures to ensure that all other appropriate members of the household, or other authorized representatives, can use the card to redeem benefits.
Several states currently require photos on EBT cards in order to reduce SNAP benefit “trafficking,” in which recipients swap SNAP benefits for money. Maine and Massachusetts are two states with the requirement, although several additional states have considered requiring photos on EBT cards in the past. USDA has been critical of the administration of the Maine and Massachusetts programs, claiming the states’ policies could lead to discrimination against people legally entitled to SNAP benefits. Implementation in these states led the department to issue the proposed rule to remedy “significant legal and operational complexities associated with having a photo on the [EBT] card.” USDA also cites retailer confusion with the photo ID as a reason for the proposal.
Under the proposed rule, states must submit an implementation plan that outlines steps for ensuring compliance with the regulations. As part of the implementation process, states must perform outreach to SNAP retailers, including many in the convenience store industry, to ensure those retailers understand the statutory requirements associated with the photo EBT cards.
Further, each state requiring a photo must take steps to ensure that individuals entitled to SNAP benefits are able to redeem those benefits, even if they are not the individual pictured on the EBT card. As such, retailers must accept an EBT card if the individual enters a proper PIN, whether or not they are pictured on the EBT card. Each photo EBT card would include text on the card that reads: “Any user with valid PIN can use SNAP benefits on card and need not be pictured.”
In an effort to reduce fraud, the proposed rule would require SNAP retailers to ask for identification, such as a driver’s license, and an explanation if a person uses three or more EBT cards at one time. Should the store believe there is a potential for fraud, retailers would be allowed to record certain identifying information about that individual and be required to report that information to a specific USDA fraud hotline. The retailer would be allowed to deny a sale if three or more EBT cards are used, the retailer suspects fraud and the individual refuses to show identification.
Under the proposal, USDA must approve a state’s implementation plan before that state is allowed to issue photo EBT cards. USDA will also continue to monitor on an ongoing basis those states with photo EBT cards to ensure SNAP recipients are able to access the SNAP benefits for which they are eligible. The two states with current EBT photo requirements, Maine and Massachusetts, will not be required to retroactively submit an Implementation Plan.
USDA is accepting public comments on the proposed rule for 60 days and will consider all comments before it is finalized.