Sec. 4010. IMPROVING SECURITY OF FOOD ASSISTANCE
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## SEC. 4010 IMPROVING SECURITY OF FOOD ASSISTANCE Section 7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(8)) is amended— ####
(1)in the paragraph heading, by striking “card fee” and inserting “of cards”; ####
(2)by striking “ A State ” and inserting the following: > > ##### “(A) Fees > > A State” > ; and ####
(3)by adding after subparagraph
(A)(as so designated) the following: > > ##### “(B) Purposeful loss of cards > > > ###### “(i) In general > > Subject to terms and conditions established by the Secretary in accordance with clause (ii), if a household makes excessive requests for replacement of the electronic benefit transfer card of the household, the Secretary may require a State agency to decline to issue a replacement card to the household unless the household, upon request of the State agency, provides an explanation for the loss of the card. > > > ###### “(ii) Requirements > > The terms and conditions established by the Secretary shall provide that— > > > ###### “(I) > > the household be given the opportunity to provide the requested explanation and meet the requirements under this paragraph promptly; > > > ###### “(II) > > after an excessive number of lost cards, the head of the household shall be required to review program rights and responsibilities with State agency personnel authorized to make determinations under section 5(a); and > > > ###### “(III) > > any action taken, including actions required under section 6(b)(2), other than the withholding of the electronic benefit transfer card until an explanation described in subclause
(I)is provided, shall be consistent with the due process protections under section 6(b) or 11(e)(10), as appropriate. > > > ##### “(C) Protecting vulnerable persons > > In implementing this paragraph, a State agency shall act to protect homeless persons, persons with disabilities, victims of crimes, and other vulnerable persons who lose electronic benefit transfer cards but are not intentionally committing fraud. > > > ##### “(D) Effect on eligibility > > While a State may decline to issue an electronic benefits transfer card until a household satisfies the requirements under this paragraph, nothing in this paragraph shall be considered a denial of, or limitation on, the eligibility for benefits under section 5.” > .
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Sec. 4010
IMPROVING SECURITY OF FOOD ASSISTANCE
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