FAIR Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6457 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6457

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2025

     Ms. Mace (for herself, Mr. Moore of Alabama, and Ms. Boebert) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Assistance Integrity and 
Responsibility Act'' or the ``FAIR Act''.

SEC. 2. AMENDMENTS TO THE FOOD AND NUTRITION ACT OF 2008.

    (a) 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.''.
    (b) 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--
            (1) in paragraph (1)--
                    (A) redesignating clauses (iv) and (v) as clauses 
                (v) and (vi); and
                    (B) 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;''; and
            (2) 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.''.
    (c) 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,''.
    (d) 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.
    (e) Effective Date.--This Act, and amendments made by this Act, 
shall take effect 18 months after the date of the enactment of this 
Act.
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