I 118THCONGRESS 1 STSESSION H. R. 205 To amend the Food and Nutrition Act of 2008 to provide for the reissuance to households supplemental nutrition assistance program benefits to re- place benefits stolen by identity theft or typical skimming practices, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY9, 2023 Mr. R UPPERSBERGER (for himself and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to provide for the reissuance to households supplemental nutrition assistance program benefits to replace benefits stolen by identity theft or typical skimming practices, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘SNAP Theft Protec-4 tion Act of 2023’’. 5 VerDate Sep 11 2014 03:08 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H205.IH H205 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 205 IH SEC. 2. AMENDMENTS. 1 Section 7 of the Food and Nutrition Act of 2008 (7 2 U.S.C. 2016) is amended— 3 (1) in subsection (e) by inserting ‘‘or from the 4 reissuance of benefits stolen by identity theft or typ-5 ical skimming practices,’’ after ‘‘mail’’, and 6 (2) in subsection (h)(7)— 7 (A) by striking ‘‘Regulations’’ and insert-8 ing the following: 9 ‘‘(A) R EPLACEMENT OF BENEFITS .—Reg-10 ulations’’, and 11 (B) by adding at end the following: 12 ‘‘(B) R EISSUANCE OF STOLEN BENE -13 FITS.— 14 ‘‘(i) I SSUANCE OF REGULATIONS .— 15 Secretary shall issue regulations— 16 ‘‘(I) to establish criteria for State 17 agencies to identify supplemental nu-18 trition assistance program benefits 19 stolen by identity theft or typical 20 skimming practices; and 21 ‘‘(II) to provide for the 22 reissuance to households of benefits 23 stolen by identity theft, or typical 24 skimming practices, that meet such 25 criteria. 26 VerDate Sep 11 2014 03:08 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H205.IH H205 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 205 IH ‘‘(ii) STATUS REPORT .—Not later 1 than 240 days after the Secretary issues 2 regulations under clause (i), the Secretary 3 shall submit to the Congress a report on 4 the status of benefits reissued under such 5 regulations that includes— 6 ‘‘(I) a detailed description of the 7 prevalence of stolen benefits for which 8 benefits are reissued under such regu-9 lations; 10 ‘‘(II) an examination of current 11 barriers, feasibility, and impact on 12 participant access and ease of use in 13 developing an electronic benefit trans-14 fer card that contains innovative tech-15 nologies such as an embedded 16 microchip along with the traditional 17 magnetic stripe; and 18 ‘‘(III) such other information as 19 by the Secretary considers to be ap-20 propriate. 21 ‘‘(iii) S TOLEN BENEFIT REISSUANCE 22 REPORT.—Not later than 120 days after 23 end of each fiscal year that begins after 24 the Secretary issues regulations under 25 VerDate Sep 11 2014 03:08 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H205.IH H205 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 205 IH clause (i), the Secretary shall submit to the 1 Congress a report for such fiscal year with 2 respect to each State that includes the ag-3 gregate value of supplemental nutrition as-4 sistance program benefits reissued under 5 such regulations and the number of house-6 holds to which such benefits were reissued. 7 ‘‘(iv) E VALUATION.—To maximize the 8 accessibility and security of electronic ben-9 efit transfer cards, the Secretary shall pe-10 riodically review and modify such regula-11 tions to take into account evolving tech-12 nology and the threat landscape to better 13 protect against benefit theft.’’. 14 Æ VerDate Sep 11 2014 03:08 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H205.IH H205 kjohnson on DSK79L0C42PROD with BILLS