FAIR Act
- Sponsor
- Rep. Mace, Nancy [R-SC-1]
- Committees
- Agriculture Committee (primary)
- Last action
- Jan 13, 2026
Bottom line
The bill aims to enhance SNAP program integrity by requiring photo identification on EBT cards and mandating retailer verification, potentially increasing administrative burdens and access challenges for beneficiaries.
What it actually does
This bill amends the Food and Nutrition Act of 2008 to mandate that all Electronic Benefit Transfer (EBT) cards used for the Supplemental Nutrition Assistance Program (SNAP) include a photograph of the authorized cardholder. It also requires retail food stores to verify the photograph on the EBT card against the customer's identity before completing a sale, while providing for exceptions for caregivers of vulnerable individuals.
Proponents argue
Supporters argue that requiring photo identification on EBT cards is a common-sense measure to prevent fraud, misuse of benefits, and trafficking, ensuring that SNAP benefits are used by the intended recipients. They contend it enhances program integrity and accountability, thereby protecting taxpayer dollars.
Opponents contend
Opponents may argue that such a requirement places an undue burden on low-income individuals, especially those who may have difficulty obtaining or updating photo identification, potentially leading to benefit denial for eligible households. They might also raise concerns about increased administrative costs for states and retailers, privacy issues, and the potential for discrimination or stigmatization against SNAP recipients.
The bill is very short and can be read quickly, allowing ample time for careful consideration of its implications.
Section 2(a), amending Section 7(h)(9) of the Food and Nutrition Act of 2008
Mandatory Photo Identification on EBT Cards
This provision requires every EBT card issued for SNAP benefits to display a photographic image of the authorized cardholder. The photo must have been taken within the last ten years, or five years for minors. It also specifies that benefits can only be redeemed by an individual whose name and photograph are on the card.
Supporters argue
Proponents argue this provision is crucial for preventing benefit trafficking and ensuring that only the authorized recipient uses the EBT card, thereby safeguarding program integrity and taxpayer funds.
Critics contend
Opponents contend that this requirement creates significant barriers for eligible individuals, particularly those who are homeless, elderly, or have disabilities, who may face challenges in obtaining or updating photo identification. They also argue it could lead to stigmatization.
Tradeoffs
This provision balances the goal of fraud prevention against potential access barriers for vulnerable populations and increased administrative costs for states.
Section 2(a), amending Section 7(h)(9)(B) and (C)
Restrictions on Card Use and Multiple Card Issuance
This part specifies that an individual can only redeem benefits using an EBT card bearing their own name and photograph. It also allows state agencies to issue individual cards to each authorized household member in multi-member households, each with their respective name and photograph.
Section 2(a), amending Section 7(h)(9)(D)
Caregiver Accommodation
This provision mandates the Secretary to establish procedures for reasonable accommodations, allowing caregivers of minors, individuals with disabilities, or elderly individuals to access benefits on behalf of the recipient in their care, without necessarily having the caregiver's photo on the recipient's card.
Section 2(b), amending Section 9(a) of the Food and Nutrition Act of 2008
Retailer Mandate for Photo ID Verification
This provision adds a new condition for retailers to accept SNAP benefits: they must demand to see and inspect the photograph on the EBT card for every customer using it, to ensure the purchaser is the authorized cardholder. It also adds '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' as a factor for authorization.