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Aug 11, 2025

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Bethany Pray serves as CCLP's Chief Legal and Policy Officer. Her areas of expertise include regulatory analysis and advocacy for Medicaid and commercial coverage, access to behavioral health benefits, Medicaid eligibility and much more. Staff page ›

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Public Comment on USDA’s System of Records Notice for SNAP

by | Aug 11, 2025

Equity work, federal action, Food, Research and Policy Analysis

A bunch of vegetables behind graphic equations of food data.

The following public comment was submitted by Bethany Pray on behalf of CCLP on July 22, 2025, to the U.S. Department of Agriculture’s Food and Nutrition Services, regarding System of Records Notice for USDA/FNS-15 “National Supplemental Nutrition Assistance Program (SNAP) Information Database.” For more information see the notice of a new system of records on the Federal Register.

The Colorado Center on Law and Policy (CCLP) submits these comments in response to the System of Records Notice for USDA/FNS-15 “National Supplemental Nutrition Assistance Program (SNAP) Information Database,” FNS-2025-0024-0001. CCLP is a statewide antipoverty organization advancing the rights of all Coloradans.  CCLP engages in state legislation, rulemaking, litigation, and administrative advocacy, aiming to protect Coloradans’ due process rights and economic health.

The proposed plan for a database of Personally Identifiable Information (PII) drawn from SNAP records will undermine privacy for millions and risk exposure of Coloradans’ PII for years to come. The allowed purposes of disclosure outlined in the notice are in violation of the Privacy Act of 1974 and the SNAP Act. In addition, considering reports on the activities of individuals working for federal agencies since January 2025, there is a justifiable fear that the personnel who would have access to this database will continue to lack the training and expertise necessary to use and safeguard PII consistent with federal law.  Coloradans provided their PII when applying for or renewing SNAP eligibility with the understanding, established by federal law and state regulations, that their PII would not be used for purposes other than SNAP administration and a small number of limited, enumerated purposes. They have not consented to uses beyond those currently permitted.

Creation of the proposed database would subject lower-income US residents to a level of surveillance that is contrary to public policy

The database proposed in the Notice subjects Coloradans who have utilized SNAP to a level of surveillance that is unprecedented, that undermines entitlement to public benefits, and that penalizes those with less income.  Those who meet the eligibility requirements for SNAP are entitled to that benefit, designed by Congress to “promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households.”[1] This policy would discourage enrollment by threatening applicants with the specter of long-term maintenance and dissemination of personal data, and by amplifying the risk that data will be exposed through a breach. We request that the Department identify a limitation on the period of time that information would be maintained, and a justification for the specific limitation.

This right to freedom from surveillance has roots in the U.S. Constitution. Substantive due process protects certain fundamental rights from government interference (grounded in the Fifth Amendment’s protection against deprivation of life, liberty, or property without due process). Infringements on such rights require a sufficient purpose and narrow tailoring to fulfill that purpose. We ask that the Department provide a detailed list of the purposes for which this data would be used, and an explanation of why those purposes are consistent with the Privacy Act and SNAP Act.

Creation of the database would violate federal law and jeopardize the PII of Coloradans and other U.S. residents

Federal law on the SNAP program and the Privacy Act of 1974 prohibit use of recipients’ personal information for the broad, non-routine, discretionary and arbitrary purposes described in the Notice. The default position in the SNAP Act is non-disclosure, unless certain requirements are met.[2] The SNAP Act allows disclosure only for the purposes of administration or enforcement,[3] and only to personnel who are directly involved in administration or enforcement of the SNAP program.[4]

The Notice would instead allow disclosure to virtually any federal agency or entity, at the discretion of USDA/FNS, though many federal agencies and entities have no plausible role in administration or enforcement of the SNAP Act. “Routine use” as defined in the Privacy Act, is specifically “use for a purpose which is compatible with the purpose for which it was collected.”[5]  The notice instead labels as “routine” an undefined universe of uses that could have little or nothing to do with the purpose of collecting the information, which was to ensure that eligible low-income Colorado households can access nutritious food and maintain better health.

Not just employees, but “contractors, grantees, experts, consultants, and the agents thereof,” would have access to the database “when necessary to accomplish an agency function.” [6]  The open-ended nature of the phrase “an agency function” (emphasis added) would permit uses which jeopardize individuals’ privacy.   Even if, as stated in the notice, such individuals were required by USDA and FNS to comply with the Privacy Act, simply receiving the information and using for purposes other than the administration of SNAP or the enforcement actions authorized by the SNAP Act would violate federal law. With this database and similar actions already subject to legal challenges, [7] and with multiple recent reports of inappropriate access to data,[8] we would oppose implementation of the Notice as written.

As noted, because the notice also includes no limitation on the period data will be retained – despite the Privacy Act barring such open-ended policies[9] – the risk to Coloradans of misuse or breach will be ongoing.

Please provide an explanation of how access to the data would be limited to the appropriate personnel and for the limited purposes permitted under the SNAP Act, and designate a specific retention period, as required by law.

Uses proposed for the database are duplicative and wasteful

Purposes that appear consistent with the purposes of the SNAP program are in fact duplicative and wasteful. One stated purpose of the database is to verify individuals’ eligibility. However, federal law states clearly that the state agency, rather than USDA/FNS is responsible for eligibility determinations.[10]  Another stated purpose is to ensure that SNAP recipients are not enrolled in more than one state. The National Accuracy Clearinghouse already serves that function, and it uses protocols that protect individuals’ privacy and prevent misuse of data.[11]

We ask that the Department provide an explanation of how creation of this database – if it were amended to comply with the Privacy Act and SNAP Act – would be consistent with government efforts to reduce duplicative, wasteful initiatives.

Coloradans did not consent to sharing of their SNAP data 

Colorado regulations, in keeping with the Privacy Act, assure applicants and enrollees in SNAP that their information is confidential and will not be shared except to specified state and federal agencies for specified, limited purposes.[12] Text incorporated into benefits applications in Colorado makes similar assurances, and Coloradans have applied for benefits with the understanding that there are guardrails regarding the use and safety of their information. Unless Coloradans give consent to the proposed, broad use of their data, their data must not be included in the proposed database.

The SNAP Act also requires that in order for SNAP data to be made available for inspection and audit by USDA/FNS, states and the federal government must come to agreement on data and security protocols.[13] Considering the vast expansion of potential uses for the data contemplated in the Notice, a new agreement would have to be reached by USDA/FNS and states before any action is taken by the state to provide data, and by USDA/FNS to collect data or stand up a database.

Based on the foregoing, we ask that the Notice be withdrawn. The proposed database and its proposed uses would violate federal law, and are a poor use of scarce resources. If the Department is unwilling to withdraw the notice, we ask that it provide the explanations and justifications requested, and amend the policy to conform with legal requirements.

Sincerely,

Bethany Pray, Esq.
Chief Legal and Policy Officer
Colorado Center on Law and Policy

**********

[1] 7 USC § 2011

[2] 7 USC § 2020(e)(8)

[3] 7 USC § 2020(e)(8)(A)(ii)

[4] 7 USC § 2020(e)(8)(A)(i)

[5] 5 USC § 552(a)(7)

[6] Notice, “Routine Uses of Records Maintained in the System, Including Categories of Users and Purposes of Such Uses,” subsection (7).

[7] ACLU v. U.S. Social Security Administration, 1:25-cv-01217; Center for Taxpayer Rights v. Internal Revenue Services, 1:25-cv-00457; American Federation of Government Employees, AFL-CIO v. U.S. Office of Personnel Management, 1:25-cv-01237; American Federation of Teachers v. Bessent, 1:25-cv-00430 (preliminary injunction granted); Pallek v. Rollins, 1:25-cv-01650.

[8] Stein, Jeff. Treasury revoked editing access ‘mistakenly’ given to DOGE staffer. Washington Post, Feb. 11, 2025. https://www.washingtonpost.com/business/2025/02/11/doge-treasury-access-marko-elez/; McLaughlin, Jenna. A whistleblower’s disclosure details how DOGE may have taken sensitive labor data.  NPR, April 15, 2025. https://www.npr.org/2025/04/15/nx-s1-5355896/doge-nlrb-elon-musk-spacex-security

[9] 5 USC § 552a(E)(4)(e)

[10] 7 USC § 2020(a)(1)-(6)

[11] U.S. Dep’t of Agric., SNAP Database -Letter to State Agencies, July 9, 2025, https://www.fns.usda.gov/snap/admin/database-letter

[12] 10 CCR 2506-1 4.140.B.

[13] 7 USC § 2020(a)(3)(B)(i)

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HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.