Section 1 Short title
This Act may be cited as the “Food Assistance Integrity and Responsibility Act” or the “FAIR Act”.
Food Assistance Integrity and Responsibility Act
A BILL
To amend the Food and Nutrition Act of 2008 to require the placement of a photograph on an electronic benefit transfer card used by a household to purchase food with supplemental nutrition assistance program benefits, and for other purposes.
Sec. 2 Amendments to the Food and Nutrition act of 2008
Establishment of photographic identification requirement— Section 7(h)(9) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(9)) is amended to read as follows:
“(9) Photo identification on electronic benefit transfer cards
“(A) Requirement—Each Electronic Benefit Transfer card issued to a household or individual under this chapter shall include on the face of the card a photographic image taken within the previous ten years, or in the case of a minor taken within the previous five years, of the authorized cardholder to whom the card is issued.
“(B) Limitation on use of electronic benefit transfer cards—An individual authorized to utilize or redeem benefits through an Electronic Benefit Transfer card under this chapter shall redeem such benefits only through an Electronic Benefit Transfer card bearing the name and photograph of such individual cardholder.
“(C) Issuance of additional electronic benefit transfer cards—For households in which benefits are accessed by more than one household member, a State agency may issue individual cards to each household member who is authorized to access benefits, including the name and photograph of an individual authorized to access benefits.
“(D) Exception for caregivers—The Secretary shall establish procedures for reasonable accommodations to allow caregivers of a minor, individual with disabilities, or an elderly individual to access benefits on behalf of a recipient in their care.”
Requirement for retailers To verify identity— Section 9(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(a)) is amended by—
in paragraph (1)—
redesignating clauses (iv) and (v) as clauses (v) and (vi); and
inserting after clause (iii) the following new clause:
“(iv) information related to the ability of a retailer to verify the identity of the holder of an electronic benefit transfer card to prevent fraudulent purchases;”
adding at the end the following new paragraph:
“(5) As a condition of authorization to accept or redeem benefits under this chapter, a retail food store or wholesale food concern, before making a sale, shall demand to see, and shall inspect, the photograph located on an Electronic Benefit Transfer card for every customer using an Electronic Benefit Transfer card to ensure the purchaser is entitled to utilize or redeem benefits under this chapter.”
Conforming amendment— Section 7(h)(2)(C)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)(C)(i)) is amended by striking “photographic identification on electronic benefit transfer cards,”.
Rulemaking authority— Within 18 months of the enactment of this Act, the Secretary shall make such conforming changes to the Code of Federal Regulations as are necessary to implement the amendments made by this Act.
Effective date— This Act, and amendments made by this Act, shall take effect 18 months after the date of the enactment of this Act.