B 26-0367

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1A BILL
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326-367
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5IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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7_________________________
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10 To require the Department of Human Services to issue electronic benefit transfer cards with theft
11prevention technology and to restore stolen public benefits; and to extend the operation of
12the Flexible Rent Subsidy Pilot Program by one year, through Fiscal Year 2027.
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14BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
15 act may be cited as the “Public Benefits Security Amendment Act of 2025”.
16Sec. 2. The District of Columbia Public Assistance Act of 1982, effective April 6, 1982
17 (D.C. Law 4-101; D.C. Official Code § 4-201.01 et seq.), is amended as follows:
18(a) Section 101 (D.C. Official Code § 4–201.01) is amended as follows:
19(1) A new paragraph (1E) is added to read as follows:
20“(1E) “Cloning” means using data acquired by unlawful means to create a duplicate
21 copy of a recipient’s EBT card.”.
22(2) Paragraph (3A) is renumbered as paragraph (3C).
23(3) New paragraphs (3A) and (3B) are added to read as follows:
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24“(3A) “Electronic benefit transfer card,” or “EBT card,” means a method to access
25 public assistance issued to a recipient or a recipient’s authorized representative through an
26 electronic payments system.
27“(3B) “EMV technology” means the integration in a method of payment of a
28 microchip that generates a dynamic, one-time-use code for each payment transaction.”.
29(4) Paragraph (5D) is renumbered as paragraph (5E).
30(5) A new paragraph (5D) is added to read as follows:
31“(5D) “Phishing” means a technique for attempting to acquire sensitive data, such
32 as EBT card information, through a solicitation in which the solicitor purports to be other than
33 who the solicitor is.”.
34(6) A new paragraph (8A) is added to read as follows:
35“(8A) “Skimming” means using technology unlawfully installed on an automated
36 teller machine, point-of-sale terminal, or similar device to capture data associated with a recipient’s
37 EBT card.”.
38(7) A new paragraph (10A) is added to read as follows:
39“(10A) “Theft” shall have the same meaning as in section 111 of the District of
40 Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-
41 164; D.C. Official Code § 22-3211).”.
42(b) New sections 582 and 583 are added to read as follows:
43“Sec. 582. Prevention of theft of electronically transferred benefits.
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44“(a) By October 1, 2027, the Department shall issue, to all recipients receiving public
45 assistance on electronic benefit transfer cards, updated EBT cards that incorporate EMV
46 technology.
47“(b) The Department shall seek reimbursement for the costs of transitioning to the use of
48 EMV technology from the Food and Nutrition Service of the Department of Agriculture to the
49 fullest extent permissible under federal law.
50“Sec. 583. Reimbursement for theft of electronically transferred benefits.
51“(a)(1) If a recipient reports the theft of public assistance by fraudulent means to the
52 Department within 45 days of the discovery of the theft and within six months of the theft, and if
53 an investigation by the Department shows that a recipient’s correctly issued public assistance was
54 lost due to theft by fraudulent means, the Department shall restore up to two months of correctly
55 issued public assistance lost due to theft by fraudulent means.
56“(2) For the purposes of this subsection:
57“(A) Public assistance is “correctly issued” if the amount of, and the
58 recipient’s eligibility for, public assistance were accurately calculated under applicable law;
59“(B) Theft is “by fraudulent means” if it is done by phishing, skimming,
60 cloning, or otherwise with the intent to obtain the property of another by means of a false or
61 fraudulent pretense, representation, or promise;
62“(C) If incidents of theft that occurred in multiple months are reported
63 simultaneously, the value of “two months of correctly issued public assistance” subject to
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64 restoration shall be calculated on the basis of the two months during which public assistance was
65 lost due to theft in which the correctly issued benefit amounts were the highest;
66“(D) In calculating the value of “two months of correctly issued public
67 assistance,” the Department shall exclude any special or additional payments received by the
68 recipient during the months that serve as the basis for the Department’s calculation, including any
69 amount received in compensation for past underpayment; and
70“(E) A recipient need not perfect a report of theft by providing any
71 supporting documentation requested by the Department within the timelines established by this
72 subsection for a report of theft to be considered timely made.
73“(b) Not later than 20 days after a recipient informs the Department of the loss of public
74 assistance due to theft, the Department shall:
75“(1) If the Department determines that the recipient lost public assistance due to
76 theft by fraudulent means, restore the lower of:
77“(A) The stolen public assistance in the amount that was lost; or
78“(B) Two months of correctly issued public assistance;
79“(2) If the Department determines that the recipient lost public assistance due to
80 theft, provide the recipient with a new EBT card; and
81“(3) Notify the recipient in writing of:
82“(A) The Department’s decision whether to restore public assistance;
83“(B) The amount of public assistance to be restored, if any; and
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84“(C) If the Department finds that public assistance was not lost due to theft
85  by fraudulent means, or if the Department restores less in public assistance than the recipient
86  alleged was lost due to theft by fraudulent means:
87“(I) The reason for the Department’s decision;
88“(II) The recipient’s right to a fair hearing on the Department’s
89  decision;
90“(III) The method for requesting a fair hearing;
91“(IV) The right to representation in a fair hearing; and
92“(V) The availability of, and means of contacting, free legal counsel.
93“(c) If a recipient disputes the amount of public assistance restored under subsection (a) or
94  the Department’s determination that no restoration is due, the recipient may request a fair hearing
95  within 90 days of the date of the Department’s determination.
96“(d) This section shall apply as of October 1, 2027. Nothing in this section shall be
97 construed to limit the Department’s ability to restore public assistance lost due to theft before
98 October 1, 2027.”.
99Sec. 3. Section 31c(e) of the Homeless Services Reform Act of 2005, effective October 8,
100 2016 (D.C. Law 21-160; D.C. Official Code § 4-756.05(e)), is amended by striking the phrase
101 “September 30, 2026” and replacing it with the phrase “September 30, 2027”.
102Sec. 4. Applicability.
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103(a) Section 2 shall apply upon the date of inclusion of its fiscal effect in an approved budget
104 and financial plan.
105(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
106 an approved budget and financial plan and provide notice to the Budget Director of the Council of
107 the certification.
108(c)(1) The Budget Director shall cause the notice of the certification to be published in the
109 District of Columbia Register.
110(2) The date of publication of the notice of the certification shall not affect the
111 applicability of the provision identified in subsection (a) of this section.
112Sec. 5. Fiscal impact statement.
113The Council adopts the fiscal impact statement in the committee report as the fiscal impact
114 statement required by section 4a of the General Legislative Procedures Act of 1975, approved
115 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
116Sec. 6. Effective date.
117This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor,
118 action by the Council to override the veto) and a 30-day period of congressional review as provided
119 in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87
120 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
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