B 26-0367 — Public Benefits Security Amendment Act of 2025

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3_________________________ 26-367 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 _________________________ 9 To amend the District of Columbia Public Assistance Act of 1982 to require the Department of Human Services to issue electronic benefit transfer cards with theft prevention technology and to restore stolen public benefits;

and to amend section 31c of the Homeless Services Reform Act of 2005 to extend the operation of the Flexible Rent Subsidy Pilot Program by one year,year through Fiscal Year 2027.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Public Benefits Security Amendment Act of 2025”.2026”.

“(1E) “Cloning”means“Cloning” usingdatameans using data acquired byunlawfulby unlawful means to create aduplicatea duplicate copy of a recipient’s EBT card.”.

(2) Paragraph (3A) is renumberedredesignated as paragraph (3C).

ENGROSSED ORIGINAL “(3A) “Electronic benefit transfer card,” or “EBT card,”card” means a method to access public assistance issued to a recipient or a recipient’s authorized representative through an electronic payments system.

(4) Paragraph (5D) is renumberedredesignated as paragraph (5E).

ENROLLED ORIGINAL “(8A) “Skimming” means using technology unlawfully installed on an automated tellermachine,point-of-saleterminal,orsimilardevicetocapturedataassociatedwitharecipient’steller machine, point-of-sale terminal, or similar device to capture data associated with a recipient’s EBT card.”.

(b) NewSection sections205 582(D.C. and 583 are added to read as follows:

Official Code § 4-202.05) is amended by adding a new subsection (f) to read as follows:

“(f) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat.

1204;

D.C.

Official Code § 2-501 et seq.), may issue rules to implement the provisions of the Public Benefits Security Amendment Act of 2026, passed on 2nd reading on January 6, 2026 (Enrolled version of Bill 26-367).”.

(c) New sections 583 and 584 are added to read as follows:

582.583.

ENGROSSED ORIGINAL “(a) By October 1, 2027, the Department shall issue, to all recipients receiving public assistance on electronic benefit transfer cards, updated EBT cards that incorporate EMV technology.

583.584.

“(a)(1) If a recipient reports the theft of public assistance by fraudulent means to the Department within 456 days of the discovery of the theft and within six months of the theft, and if an investigation by the Department shows that a recipient’s correctly issued public assistance was lost due to theft by fraudulent means, the Department shall restore up to two2 months of correctly issued public assistance lost due to theft by fraudulent means.

“(2) For the purposes of this subsection:section:

“(A) Public assistance is “correctly issued” if the amount of, and the recipient’s eligibility for, public assistance werewas accurately calculated under applicable law;

“(C) If incidents of theft that occurred in multiple months are reported simultaneously, the value of “two“2 months of correctly issued public assistance” subject to ENGROSSED ORIGINAL restoration shall be calculated on the basis of the two2 months during which public assistance was lost due to theft in which the correctly issued benefit amounts were the highest;

ENROLLED ORIGINAL “(D) In calculating the value of “two“2 months of correctly issued public assistance,” the Department shall exclude any special or additional payments received by the recipient during the months that serve as the basis for the Department’s calculation, including any amount received in compensation for past underpayment;

and “(E) A recipient need not perfect a report of theft by providing any supporting documentation requested by the Department within the timelines established by this subsection for a report of theft to be considered timely made.made;

and “(F) The term “public assistance” does not include public benefits programs administered by agencies other than the Department or the minimum annual benefit established by section 5083(c) of the Food Stamp Expansion Act of 2009, effective March 3, (D.C.

Law 18-111;

D.C.

Official Code § 4-261.03(c)).”.

and ENGROSSED ORIGINAL “(C) If the Department finds that public assistance was not lost due to theft by fraudulent means,means or if the Department restores less in public assistance than the recipient alleged was lost due to theft by fraudulent means:

“(I)“(i) The reason for the Department’s decision;

“(II)“(ii) The recipient’s right to a fair hearing on the Department’s decision;

“(III)“(iii) The method for requesting a fair hearing;

“(IV)“(iv) The right to representation in a fair hearing;

and “(V)Theavailabilityof,andmeans“(v) ofcontacting,freelegalThe availability of, and means of contacting, free legal counsel.

“(c) If a recipient disputes the amount of public assistance restored under subsection (a) of this section or the Department’s determination that no restoration is due, the recipient may request a fair hearing within 90 days of the date of the Department’s determination.

“(d)“(d)(1) This section shall apply as of October 1, 2027.

“(2) Nothing in this section shall be construed to limit the Department’s ability to restore public assistance lost due to theft before October 1, 2027.”.

ENROLLED ORIGINAL Sec.

Section 31c(e) of the Homeless Services Reform Act of 2005, effective October 8, 2016 (D.C.

Official Code § 4-756.05(e)), is amended by striking the phrase “September 30, 2026” and replacinginserting it with the phrase “September 30, 2027”.2027” in its place.