USDA Seeks OMB Review to Reinstate SNAP EBT Card Replacement Data Collection for Fraud Prevention

The Department of Agriculture's Food and Nutrition Service (FNS) has formally submitted a request to the Office of Management and Budget (OMB) for review and clearance of an information collection requirement pertaining to the monitoring of Electronic Benefit Transfer (EBT) card replacements within the Supplemental Nutrition Assistance Program (SNAP). This submission, detailed in a Federal Register notice published on October 22, 2026, seeks to reinstate an expired data collection crucial for combating potential benefit trafficking and fraudulent use of SNAP benefits. The agency acknowledges that it has continued collecting this data, a practice now out of compliance with the Paperwork Reduction Act of 1995, underscoring the urgency of this renewal process. This action affects nearly 300,000 households and all 53 State agencies administering SNAP.

Understanding the Regulatory Mandate

The foundation for this information collection lies within the Food and Nutrition Act of 2008, as amended. This federal statute establishes the national eligibility standards for SNAP and outlines administrative responsibilities for State agencies. Specifically, federal regulations codified at 7 CFR 274.6(b)(5) and 7 CFR 274.6(b)(6) mandate that State agencies implement specific controls related to EBT card replacements. These regulations require agencies to actively monitor requests for replacement cards and establish a threshold for what constitutes an excessive number. This threshold must be set no lower than four replacement cards requested by a household within a 12-month period. The intent is to identify patterns that might suggest misuse or trafficking of benefits rather than legitimate instances of lost or stolen cards.

Combating Fraud and Trafficking

The primary impetus behind this data collection is the ongoing effort to reduce fraud, waste, and abuse within the SNAP program. Trafficking, in the context of SNAP, refers to the illegal exchange of EBT benefits for cash, ineligible items, or other unauthorized transactions. Such activities undermine the program's integrity and divert resources intended to support food security for eligible households. By tracking frequent card replacements, FNS and State agencies aim to flag potentially suspicious activity that could indicate an individual or household is engaging in trafficking. This proactive monitoring serves as a deterrent and a mechanism for initiating investigations into suspected fraudulent behavior, ultimately protecting taxpayer funds and ensuring benefits reach those truly in need.

State Agency Responsibilities and Interventions

Once a household exceeds the State-defined threshold for EBT card replacements, State agencies are equipped with specific protocols to address the situation. Federal regulations outline two primary courses of action. First, the State agency may issue a notice to the household, informing them that their account is being monitored due to the unusual frequency of card replacement requests. This notice explicitly warns that the account is under scrutiny for potential trafficking, misuse, or fraudulent use of SNAP benefits. If, following this notice, another replacement card is requested and there is continued suspicion of trafficking, the State agency is required to refer the case to its dedicated fraud investigation unit. The second option allows the State agency to withhold the requested replacement card and notify the household in writing that the card will only be issued after direct contact is made with the agency. This second approach mandates a direct interaction, providing an opportunity for the State agency to discuss the card replacement patterns and address any concerns before reissuing benefits.

Navigating the Paperwork Reduction Act

A significant aspect of this Federal Register notice is the FNS's acknowledgment that it has continued to collect this vital data even after the associated information collection request (ICR) expired. This continuation places the agency in a position of non-compliance with the Paperwork Reduction Act (PRA) of 1995. The PRA is a federal law designed to minimize the paperwork burden on the public resulting from the collection of information by or for the federal government. It requires agencies to obtain OMB approval for information collections, ensuring they are necessary, minimally burdensome, and properly justified. The current submission to OMB seeks to rectify this non-compliance, allowing FNS to officially reinstate its authority to collect this data under federal law. The agency's transparency about this lapse underscores the importance of adhering to procedural requirements even when the underlying mission remains critical.

Opportunity for Public Input

In accordance with the PRA, the public is invited to provide comments on this information collection request. The comment period will remain open until November 23, 2026. Interested parties can submit their feedback via the www.reginfo.gov website. The agency specifically solicits comments on several key areas: the necessity of the information for proper agency function and its practical utility, the accuracy of the agency's estimated burden (including the validity of methodologies and assumptions), potential strategies to enhance the quality, utility, and clarity of the information collected, and methods to minimize the burden on respondents, particularly through the use of modern technological collection techniques. This public feedback mechanism is central to the PRA's goal of ensuring accountability and efficiency in federal data collection practices.

Scope and Burden of the Collection

The scale of this information collection is considerable, affecting a significant portion of the SNAP ecosystem. The Department of Agriculture estimates that approximately 53 State agencies will be involved in the data collection and monitoring efforts. Furthermore, the information collection directly impacts an estimated 292,064 individual households annually that trigger the card replacement thresholds. The total estimated annual burden on these respondents is calculated at 27,981 hours. These figures highlight the administrative commitment required to maintain the integrity of the SNAP program and the broad reach of these anti-fraud measures across the nation.