7 U.S.C. § 2016 — Issuance and use of program benefits

Page 1286 TITLE 7—AGRICULTURE § 2016 EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97–253, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1981 AMENDMENTS Amendment by Pub. L. 97–35, except section 108(c) of Pub. L. 97–35 (which amended this section), effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 117 of Pub. L. 97–35, set out as a note under section 2012 of this title, see section 192(a) of Pub. L. 97–253, set out as a note under section 2012 of this title. Amendment by Pub. L. 97–98 effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 1338 of Pub. L. 97–98, set out as a note under section 2012 of this title. See section 192(b) of Pub. L. 97–253, set out as a note under section 2012 of this title. Amendment by Pub. L. 97–98 effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 1338 of Pub. L. 97–98, set out as a note under section 2012 of this title. Amendments by Pub. L. 97–35, except for amendment made by section 108(c) of Pub. L. 97–35, effective and implemented upon such dates as Secretary of Agri- culture may prescribe, taking into account need for or- derly implementation, see section 117 of Pub. L. 97–35, set out as a note under section 2012 of this title. Pub. L. 97–35, title I, § 108(c), Aug. 13, 1981, 95 Stat. 361, provided that the amendment made by section 108(c) is effective Oct. 1, 1983. EFFECTIVE DATE OF 1979 AMENDMENT Secretary of Agriculture to issue final regulations implementing the amendment of subsec. (b) of this sec- tion by Pub. L. 96–58 within 150 days after Aug. 14, 1979, see section 10(b) of Pub. L. 96–58, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendment made by section 1301 is effective Oct. 1, 1977. REGULATIONS Pub. L. 105–33, title I, § 1005(a), Aug. 5, 1997, 111 Stat. 257, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Aug. 5, 1997], the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this title [amending this section and sections 2020 and 2025 of this title].’’ ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. WAIVER TRANSPARENCY Pub. L. 118–5, div. C, title II, § 314, June 3, 2023, 137 Stat. 38, provided that: ‘‘Not later than 30 days after the date of enactment of this Act [June 3, 2023], the Secretary of Agriculture shall make public all avail- able State waiver requests, including all supporting data from the State, and agency approvals of such re- quests, including relevant documentation on the utili- zation of waivers authorized under Section [sic] 6(o)(4)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(4)(A)).’’ TRANSITION PROVISION FOR WORK REQUIREMENT Pub. L. 104–193, title VIII, § 824(b), Aug. 22, 1996, 110 Stat. 2324, provided that: ‘‘The term ‘preceding 36- month period’ in section 6(o) of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2015(o)], as added by subsection (a), does not include, with respect to a State, any period before the earlier of— ‘‘(1) the date the State notifies recipients of food stamp benefits of the application of section 6(o); or ‘‘(2) the date that is 3 months after the date of en- actment of this Act [Aug. 22, 1996].’’ EXEMPTION FROM MONTHLY REPORTING SYSTEMS FOR HOUSEHOLDS RESIDING ON INDIAN RESERVATIONS Pub. L. 102–237, title IX, § 908(a)(2), Dec. 13, 1991, 105 Stat. 1886, as amended by Pub. L. 103–11, § 1, Apr. 1, 1993, 107 Stat. 41; Pub. L. 103–205, § 1, Dec. 17, 1993, 107 Stat. 2418, provided that no State agency be required to ex- empt households residing on Indian reservations from food stamp program monthly reporting systems until Mar. 15, 1994, and directed Secretary of Agriculture to issue final regulations requiring exemption of house- holds residing on Indian reservations from food stamp program monthly reporting systems no later than Dec. 1, 1992, prior to repeal by Pub. L. 103–225, title I, § 104(a), Mar. 25, 1994, 108 Stat. 107. MANDATORY MONTHLY REPORTING-RETROSPECTIVE BUDGETING FOR FOOD STAMP PROGRAM; PROHIBITION Pub. L. 98–107, § 101(b), Oct. 1, 1983, 97 Stat. 735, pro- vided in part that no part of any of the funds appro- priated or otherwise made available by Pub. L. 98–107 or any other Act could be used to implement mandatory monthly reporting-retrospective budgeting for the food stamp program during the first three months of the fis- cal year ending Sept. 30, 1984. § 2016. Issuance and use of program benefits (a) In general Except as provided in subsection (i), EBT cards shall be issued only to households which have been duly certified as eligible to partici- pate in the supplemental nutrition assistance program. (b) Use Benefits issued to eligible households shall be used by them only to purchase food from retail food stores which have been approved for par- ticipation in the supplemental nutrition assist- ance program at prices prevailing in such stores: Provided, That nothing in this chapter shall be construed as authorizing the Secretary to speci- fy the prices at which food may be sold by wholesale food concerns or retail food stores. (c) Design (1) In general EBT cards issued to eligible households shall be simple in design and shall include only such words or illustrations as are required to ex- plain their purpose. (2) Prohibition The name of any public official shall not ap- pear on any EBT card. (d) Delivery and control procedures The Secretary shall prescribe appropriate pro- cedures for the delivery of benefits to benefit issuers and for the subsequent controls to be placed over such benefits by benefit issuers in order to ensure adequate accountability. (e) State issuance liability Notwithstanding any other provision of this chapter, the State agency shall be strictly liable to the Secretary for any financial losses in- Page 1287 TITLE 7—AGRICULTURE § 2016 volved in the acceptance, storage and issuance of benefits, except that in the case of losses re- sulting from the issuance and replacement of authorizations for benefits which are sent through the mail, the State agency shall be lia- ble to the Secretary to the extent prescribed in the regulations promulgated by the Secretary. (f) Alternative benefit delivery (1) In general If the Secretary determines, in consultation with the Inspector General of the Department of Agriculture, that it would improve the in- tegrity of the supplemental nutrition assist- ance program, the Secretary shall require a State agency to issue or deliver benefits using alternative methods. (2) Imposition of costs (A) In general Except as provided in subparagraph (B), the Secretary shall require participating re- tail food stores (including restaurants par- ticipating in a State option restaurant pro- gram intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implemen- tation of, electronic benefit transfer point- of-sale equipment and supplies, including re- lated services. (B) Exemptions The Secretary may exempt from subpara- graph (A)— (i) farmers’ markets and other direct-to- consumer markets, military commissaries, nonprofit food buying cooperatives, and es- tablishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 2012(k) of this title; and (ii) establishments described in para- graphs (3), (4), and (9) of section 2012(k) of this title, other than restaurants partici- pating in a State option restaurant pro- gram. (C) Interchange fees Nothing in this paragraph permits the charging of fees relating to the redemption of supplemental nutrition assistance pro- gram benefits, in accordance with subsection (h)(13). (3) Devaluation and termination of issuance of paper coupons (A) Coupon issuance Effective on the date of enactment of the Food, Conservation, and Energy Act of 2008, no State shall issue any coupon, stamp, cer- tificate, or authorization card to a house- hold that receives supplemental nutrition assistance under this chapter. (B) EBT cards Effective beginning on the date that is 1 year after the date of enactment of the Food, Conservation, and Energy Act of 2008, only an EBT card issued under subsection (i) shall be eligible for exchange at any retail food store. (C) De-obligation of coupons Coupons not redeemed during the 1-year period beginning on the date of enactment of the Food, Conservation, and Energy Act of 2008 shall— (i) no longer be an obligation of the Fed- eral Government; and (ii) not be redeemable. (4) Termination of manual vouchers (A) In general Effective beginning on February 7, 2014, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutri- tion assistance under this chapter or allow retail food stores to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situa- tion. (B) Exemptions The Secretary may exempt categories of retail food stores or individual retail food stores from subparagraph (A) based on cri- teria established by the Secretary. (5) Unique identification number required (A) In general To enhance the anti-fraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain unique terminal identification number information through the supplemental nutrition assist- ance program electronic benefit transfer transaction routing system. (B) Regulations (i) In general Not earlier than 2 years after February 7, 2014, the Secretary shall issue proposed regulations to carry out this paragraph. (ii) Commercial practices In issuing regulations to carry out this paragraph, the Secretary shall consider ex- isting commercial practices for other point-of-sale debit transactions. (C) Operation of individual point of sale de- vice by farmers’ markets and direct mar- keting farmers A farmers’ market or direct marketing farmer that is exempt under paragraph (2)(B)(i) shall be allowed to operate an indi- vidual electronic benefit transfer point of sale device at more than 1 location under the same supplemental nutrition assistance program authorization, if— (i) the farmers’ market or direct mar- keting farmer provides to the Secretary information on location and hours of oper- ation at each location; and (ii)(I) the point of sale device used by the farmers’ market or direct marketing farm- er is capable of providing location infor- mation of the device through the elec- tronic benefit transfer system; or (II) if the Secretary determines that the technology is not available for a point of sale device to meet the requirement under subclause (I), the farmers’ market or di- Page 1288 TITLE 7—AGRICULTURE § 2016 rect marketing farmer provides to the Sec- retary any other information, as deter- mined by the Secretary, necessary to en- sure the integrity of transactions proc- essed using the point of sale device. (g) Staggered issuance procedures (1) The State agency may establish a proce- dure for staggering the issuance of benefits to eligible households throughout the month. Upon the request of the tribal organization that exer- cises governmental jurisdiction over the res- ervation, the State agency shall stagger the issuance of benefits for eligible households lo- cated on reservations for at least 15 days of a month. (2) REQUIREMENTS.— (A) IN GENERAL.—Any procedure established under paragraph (1) shall— (i) not reduce the allotment of any house- hold for any period; and (ii) ensure that no household experiences an interval between issuances of more than 40 days. (B) MULTIPLE ISSUANCES.—The procedure may include issuing benefits to a household in more than 1 issuance during a month only when a benefit correction is necessary. (h) Electronic benefit transfers (1) IN GENERAL.— (A) IMPLEMENTATION.—Not later than Octo- ber 1, 2002, each State agency shall implement an electronic benefit transfer system under which household benefits determined under section 2017(a) or 2035 of this title are issued from and stored in a central databank, unless the Secretary provides a waiver for a State agency that faces unusual barriers to imple- menting an electronic benefit transfer system. (B) TIMELY IMPLEMENTATION.—Each State agency is encouraged to implement an elec- tronic benefit transfer system under subpara- graph (A) as soon as practicable. (C) STATE FLEXIBILITY.—Subject to para- graph (2), a State agency may procure and im- plement an electronic benefit transfer system under the terms, conditions, and design that the State agency considers appropriate. (D) OPERATION.—An electronic benefit trans- fer system should take into account generally accepted standard operating rules based on— (i) commercial electronic funds transfer technology; (ii) the need to permit interstate operation and law enforcement monitoring; and (iii) the need to permit monitoring and in- vestigations by authorized law enforcement agencies. (2) The Secretary shall issue final regulations that establish standards for the approval of such a system and shall periodically review such reg- ulations and modify such regulations to take into account evolving technology and com- parable industry standards. The standards shall include— (A) defining the required level of recipient protection regarding privacy, ease of use, and access to and service in retail food stores; (B) the terms and conditions of participation by retail food stores, financial institutions, and other appropriate parties; (C)(i) measures to maximize the security of a system using the most recent technology available that the State agency considers ap- propriate and cost effective and which may in- clude personal identification numbers, photo- graphic identification on electronic benefit transfer cards, and other measures to protect against fraud and abuse; and (ii) unless determined by the Secretary to be located in an area with significantly limited access to food, measures that require an elec- tronic benefit transfer system— (I) to set and enforce sales restrictions based on benefit transfer payment eligibility by using scanning or product lookup entry; and (II) to deny benefit tenders for manually entered sales of ineligible items. (D) system transaction interchange, reli- ability, and processing speeds; (E) financial accountability; (F) the required testing of system operations prior to implementation; (G) the analysis of the results of system im- plementation in a limited project area prior to expansion; and (H) procurement standards. (3) In the case of a system described in para- graph (1) in which participation is not optional for households, the Secretary shall not approve such a system unless— (A) a sufficient number of eligible retail food stores, including those stores able to serve mi- nority language populations, have agreed to participate in the system throughout the area in which it will operate to ensure that eligible households will not suffer a significant reduc- tion in their choice of retail food stores or a significant increase in the cost of food or transportation to participating food stores; and (B) any special equipment necessary to allow households to purchase food with the benefits issued under this chapter is operational at a sufficient number of registers to provide serv- ice that is comparable to service provided in- dividuals who are not members of households receiving supplemental nutrition assistance program benefits, as determined by the Sec- retary. (4) Administrative costs incurred in connec- tion with activities under this subsection shall be eligible for reimbursement in accordance with section 2025 of this title, subject to the lim- itations in section 2025(g) of this title. (5) The Secretary shall periodically inform State agencies of the advantages of using elec- tronic benefit systems to issue benefits in ac- cordance with this subsection in lieu of issuing coupons to households. (6) This subsection shall not diminish the au- thority of the Secretary to conduct projects to test automated or electronic benefit delivery systems under section 2026(f) of this title. (7) REPLACEMENT OF BENEFITS.—Regulations issued by the Secretary regarding the replace- ment of benefits and liability for replacement of benefits under an electronic benefit transfer sys- tem shall be similar to the regulations in effect for a paper-based supplemental nutrition assist- ance issuance system. Page 1289 TITLE 7—AGRICULTURE § 2016 (8) REPLACEMENT OF CARDS.— (A) FEES.—A State agency may collect a charge for replacement of an electronic ben- efit transfer card by reducing the monthly al- lotment of the household receiving the re- placement card. (B) PURPOSEFUL LOSS OF CARDS.— (i) IN GENERAL.—Subject to terms and con- ditions established by the Secretary in ac- cordance 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 replace- ment 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 condi- tions established by the Secretary shall pro- vide that— (I) the household be given the oppor- tunity to provide the requested expla- nation 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 re- sponsibilities with State agency personnel authorized to make determinations under section 2014(a) of this title; and (III) any action taken, including actions required under section 2015(b)(2) of this title, 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 2015(b) or 2020(e)(10) of this title, 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 com- mitting 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 2014 of this title. (9) OPTIONAL PHOTOGRAPHIC IDENTIFICATION.— (A) IN GENERAL.—A State agency may re- quire that an electronic benefit card contain a photograph of 1 or more members of a house- hold. (B) OTHER AUTHORIZED USERS.—If a State agency requires a photograph on an electronic benefit card under subparagraph (A), the State agency shall establish procedures to ensure that any other appropriate member of the household or any authorized representative of the household may utilize the card. (10) FEDERAL LAW NOT APPLICABLE.—Section 1693o–2 of title 15 shall not apply to electronic benefit transfer or reimbursement systems under this chapter. (11) APPLICATION OF ANTI-TYING RESTRICTIONS TO ELECTRONIC BENEFIT TRANSFER SYSTEMS.— (A) DEFINITIONS.—In this paragraph: (i) AFFILIATE.—The term ‘‘affiliate’’ has the meaning provided the term in section 1841(k) of title 12. (ii) COMPANY.—The term ‘‘company’’ has the meaning provided the term in section 1971 of title 12, but shall not include a bank, a bank holding company, or any subsidiary of a bank holding company. (iii) ELECTRONIC BENEFIT TRANSFER SERV- ICE.—The term ‘‘electronic benefit transfer service’’ means the processing of electronic transfers of household benefits, determined under section 2017(a) or 2035 of this title, if the benefits are— (I) issued from and stored in a central databank; (II) electronically accessed by household members at the point of sale; and (III) provided by a Federal or State gov- ernment. (iv) POINT-OF-SALE SERVICE.—The term ‘‘point-of-sale service’’ means any product or service related to the electronic authoriza- tion and processing of payments for mer- chandise at a retail food store, including credit or debit card services, automated tell- er machines, point-of-sale terminals, or ac- cess to on-line systems. (B) RESTRICTIONS.—A company may not sell or provide electronic benefit transfer services, or fix or vary the consideration for electronic benefit transfer services, on the condition or requirement that the customer— (i) obtain some additional point-of-sale service from the company or an affiliate of the company; or (ii) not obtain some additional point-of- sale service from a competitor of the com- pany or competitor of any affiliate of the company. (C) CONSULTATION WITH THE FEDERAL RE- SERVE BOARD.—Before promulgating regula- tions or interpretations of regulations to carry out this paragraph, the Secretary shall con- sult with the Board of Governors of the Fed- eral Reserve System. (12) RECOVERING ELECTRONIC BENEFITS.— (A) IN GENERAL.—A State agency shall estab- lish a procedure for recovering electronic ben- efits from the account of a household due to inactivity, or due to the death of all members of the household. (B) BENEFIT STORAGE.— (i) IN GENERAL.—A State agency may store recovered electronic benefits off-line in ac- cordance with clause (ii), if the household has not accessed the account after 3 months. (ii) NOTICE OF BENEFIT STORAGE.—A State agency shall— (I) send notice to a household the bene- fits of which are stored under clause (i); and (II) not later than 48 hours after request by the household, make the stored benefits available to the household. (C) BENEFIT EXPUNGING.— (i) IN GENERAL.—Subject to clause (ii), a State agency shall expunge benefits that Page 1290 TITLE 7—AGRICULTURE § 2016 have not been accessed by a household after a period of 9 months, or upon verification that all members of the household are de- ceased. (ii) NOTICE OF BENEFIT EXPUNGING.—Not later than 30 days before benefits are to be expunged under clause (i), a State agency shall— (I) provide sufficient notice to the house- hold that benefits will be expunged due to inactivity, and the date upon which bene- fits will be expunged; (II) for benefits stored off-line in accord- ance with subparagraph (B), provide the household an opportunity to request that such benefits be restored to the household; and (III) not later than 48 hours after request by the household, make the benefits avail- able to the household. (D) NOTICE.—A State agency shall— (i) send notice to a household the benefits of which are stored under subparagraph (B); and (ii) not later than 48 hours after request by the household, make the stored benefits available to the household. (13) FEES.— (A) INTERCHANGE FEES.—No interchange fees shall apply to electronic benefit transfer transactions under this subsection. (B) OTHER FEES.—Effective through fiscal year 2023, neither a State, nor any agent, con- tractor, or subcontractor of a State who facili- tates the provision of supplemental nutrition assistance program benefits in such State may impose a fee for switching (as defined in sub- section (j)(1)(H)) or routing such benefits. (14) MOBILE TECHNOLOGIES.— (A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall authorize the use of mobile technologies for the purpose of access- ing supplemental nutrition assistance pro- gram benefits. (B) DEMONSTRATION PROJECTS ON ACCESS OF BENEFITS THROUGH MOBILE TECHNOLOGIES.— (i) DEMONSTRATION PROJECTS.—Before au- thorizing implementation of subparagraph (A) in all States, the Secretary shall approve not more than 5 demonstration project pro- posals submitted by State agencies that will pilot the use of mobile technologies for sup- plemental nutrition assistance program ben- efits access. (ii) PROJECT REQUIREMENTS.—To be eligible to participate in a demonstration project under clause (i), a State agency shall submit to the Secretary for approval a plan that— (I) provides recipient protections regard- ing privacy, ease of use, household access to benefits, and support similar to the pro- tections provided under existing methods; (II) ensures that all recipients, including those without access to mobile payment technology and those who shop across State borders, have a means of benefit ac- cess; (III) requires retail food stores, unless exempt under section 2016(f)(2)(B) of this title, to bear the costs of acquiring and ar- ranging for the implementation of point- of-sale equipment and supplies for the re- demption of benefits that are accessed through mobile technologies; (IV) requires that foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store, as determined by the Secretary; (V) ensures adequate documentation for each authorized transaction, adequate se- curity measures to deter fraud, and ade- quate access to retail food stores that ac- cept benefits accessed through mobile technologies, as determined by the Sec- retary; (VI) provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household ac- cess to benefits; (VII) requires that the State demonstra- tion projects are voluntary for all retail food stores and that all recipients are able to use benefits in non-participating retail food stores; and (VIII) meets other criteria as established by the Secretary. (iii) PRIORITY.—The Secretary may prioritize demonstration project proposals that would— (I) reduce fraud; (II) encourage positive nutritional out- comes; and (III) meet such other criteria as deter- mined by the Secretary. (iv) DATE OF PROJECT APPROVAL.—The Sec- retary shall solicit and approve the quali- fying demonstration projects required under subparagraph (B)(i) not later than January 1, 2021. (C) REPORT TO CONGRESS.—The Secretary shall— (i) by not later than January 1, 2022, au- thorize implementation of subparagraph (A) in all States, unless the Secretary makes a finding, based on the data provided under subparagraph (B), that implementation in all States requires further study by way of an extended pilot period or is not in the best interest of the supplemental nutrition as- sistance program; and (ii) if the determination made in clause (i) is not to implement subparagraph (A) in all States, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutri- tion, and Forestry of the Senate that in- cludes the basis of the finding. (i) State option to issue benefits to certain indi- viduals made ineligible by welfare reform (1) In general Notwithstanding any other provision of law, a State agency may, with the approval of the Secretary, issue benefits under this chapter to an individual who is ineligible to participate in the supplemental nutrition assistance pro- gram solely as a result of section 2015(o)(2) of this title or section 1612 or 1613 of title 8. Page 1291 TITLE 7—AGRICULTURE § 2016 (2) State payments to Secretary (A) In general Not later than the date the State agency issues benefits to individuals under this sub- section, the State agency shall pay the Sec- retary, in accordance with procedures estab- lished by the Secretary, an amount that is equal to— (i) the value of the benefits; and (ii) the costs of issuing and redeeming benefits, and other Federal costs, incurred in providing the benefits, as determined by the Secretary. (B) Crediting Notwithstanding section 3302(b) of title 31, payments received under subparagraph (A) shall be credited to the supplemental nutri- tion assistance program appropriation ac- count or the account from which the costs were drawn, as appropriate, for the fiscal year in which the payment is received. (3) Reporting To be eligible to issue benefits under this subsection, a State agency shall comply with reporting requirements established by the Sec- retary to carry out this subsection. (4) Plan To be eligible to issue benefits under this subsection, a State agency shall— (A) submit a plan to the Secretary that de- scribes the conditions and procedures under which the benefits will be issued, including eligibility standards, benefit levels, and the methodology the State agency will use to determine amounts due the Secretary under paragraph (2); and (B) obtain the approval of the Secretary for the plan. (5) Violations A sanction, disqualification, fine, or other penalty prescribed under Federal law (includ- ing sections 2021 and 2024 of this title) shall apply to a violation committed in connection with a benefit issued under this subsection. (6) Ineligibility for administrative reimburse- ment Administrative and other costs incurred in issuing a benefit under this subsection shall not be eligible for Federal funding under this chapter. (7) Exclusion from enhanced payment accu- racy systems Section 2025(c) of this title shall not apply to benefits issued under this subsection. (j) Interoperability and portability of electronic benefit transfer transactions (1) Definitions In this subsection: (A) Electronic benefit transfer card The term ‘‘electronic benefit transfer card’’ means a card that provides benefits under this chapter through an electronic benefit transfer service (as defined in sub- section (h)(11)(A)). (B) Electronic benefit transfer contract The term ‘‘electronic benefit transfer con- tract’’ means a contract that provides for the issuance, use, or redemption of program benefits in the form of electronic benefit transfer cards. (C) Interoperability The term ‘‘interoperability’’ means a sys- tem that enables program benefits in the form of an electronic benefit transfer card to be redeemed in any State. (D) Interstate transaction The term ‘‘interstate transaction’’ means a transaction that is initiated in 1 State by the use of an electronic benefit transfer card that is issued in another State. (E) Portability The term ‘‘portability’’ means a system that enables program benefits in the form of an electronic benefit transfer card to be used in any State by a household to purchase food at a retail food store or wholesale food con- cern approved under this chapter. (F) Settling The term ‘‘settling’’ means movement, and reporting such movement, of funds from an electronic benefit transfer card issuer that is located in 1 State to a retail food store, or wholesale food concern, that is located in another State, to accomplish an interstate transaction. (G) Smart card The term ‘‘smart card’’ means an intel- ligent benefit card described in section 2026(f) of this title. (H) Switching The term ‘‘switching’’ means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in one State to the issuer of the card that may be in the same or different State. (2) Requirement Not later than October 1, 2002, the Secretary shall ensure that systems that provide for the electronic issuance, use, and redemption of program benefits in the form of electronic ben- efit transfer cards are interoperable, and sup- plemental nutrition assistance program bene- fits are portable, among all States. (3) Cost The cost of achieving the interoperability and portability required under paragraph (2) shall not be imposed on any retail store, or any wholesale food concern, approved to par- ticipate in the supplemental nutrition assist- ance program. (4) Standards Not later than 210 days after February 11, 2000, the Secretary shall promulgate regula- tions that— (A) adopt a uniform national standard of interoperability and portability required under paragraph (2) that is based on the standard of interoperability and portability used by a majority of State agencies; and (B) require that any electronic benefit transfer contract that is entered into 30 days Page 1292 TITLE 7—AGRICULTURE § 2016 or more after the regulations are promul- gated, by or on behalf of a State agency, pro- vide for the interoperability and portability required under paragraph (2) in accordance with the national standard. (5) Exemptions (A) Contracts The requirements of paragraph (2) shall not apply to the transfer of benefits under an electronic benefit transfer contract be- fore the expiration of the term of the con- tract if the contract— (i) is entered into before the date that is 30 days after the regulations are promul- gated under paragraph (4); and (ii) expires after October 1, 2002. (B) Waiver At the request of a State agency, the Sec- retary may provide 1 waiver to temporarily exempt, for a period ending on or before the date specified under clause (iii), the State agency from complying with the require- ments of paragraph (2), if the State agency— (i) establishes to the satisfaction of the Secretary that the State agency faces un- usual technological barriers to achieving by October 1, 2002, the interoperability and portability required under paragraph (2); (ii) demonstrates that the best interest of the supplemental nutrition assistance program would be served by granting the waiver with respect to the electronic ben- efit transfer system used by the State agency to administer the supplemental nu- trition assistance program; and (iii) specifies a date by which the State agency will achieve the interoperability and portability required under paragraph (2). (C) Smart card systems The Secretary shall allow a State agency that is using smart cards for the delivery of supplemental nutrition assistance program benefits to comply with the requirements of paragraph (2) at such time after October 1, 2002, as the Secretary determines that a practicable technological method is avail- able for interoperability with electronic ben- efit transfer cards. (6) Funding (A) In general In accordance with regulations promul- gated by the Secretary, the Secretary shall pay 100 percent of the costs incurred by a State agency under this chapter for switch- ing and settling interstate transactions— (i) incurred after February 11, 2000, and before October 1, 2002, if the State agency uses the standard of interoperability and portability adopted by a majority of State agencies; and (ii) incurred after September 30, 2002, if the State agency uses the uniform na- tional standard of interoperability and portability adopted under paragraph (4)(A). (B) Limitation The total amount paid to State agencies for each fiscal year under subparagraph (A) shall not exceed $500,000. (k) Acceptance of program benefits through on- line transactions (1) In general Subject to paragraph (4), the Secretary shall approve retail food stores to accept benefits from recipients of supplemental nutrition as- sistance through on-line transactions. (2) Requirements to accept benefits A retail food store seeking to accept benefits from recipients of supplemental nutrition as- sistance through on-line transactions shall— (A) establish recipient protections regard- ing privacy, ease of use, access, and support similar to the protections provided for transactions made in retail food stores; (B) ensure benefits are not used to pay de- livery, ordering, convenience, or other fees or charges; (C) clearly notify participating households at the time a food order is placed— (i) of any delivery, ordering, conven- ience, or other fee or charge associated with the food purchase; and (ii) that any such fee cannot be paid with benefits provided under this chapter; (D) ensure the security of on-line trans- actions by using the most effective tech- nology available that the Secretary con- siders appropriate and cost-effective and that is comparable to the security of trans- actions at retail food stores; and (E) meet other criteria as established by the Secretary. (3) State agency action Each State agency shall ensure that recipi- ents of supplemental nutrition assistance can use benefits on-line as described in this sub- section as appropriate. (4) Demonstration project on acceptance of benefits through on-line transactions (A) In general Before the Secretary authorizes implemen- tation of paragraph (1) in all States, the Sec- retary shall carry out a number of dem- onstration projects as determined by the Secretary to test the feasibility of allowing retail food stores to accept benefits through on-line transactions. (B) Demonstration projects To be eligible to participate in a dem- onstration project under subparagraph (A), a retail food store shall submit to the Sec- retary for approval a plan that includes— (i) a method of ensuring that benefits may be used to purchase only eligible items under this chapter; (ii) a description of the method of edu- cating participant households about the availability and operation of on-line pur- chasing; (iii) adequate testing of the on-line pur- chasing option prior to implementation; Page 1293 TITLE 7—AGRICULTURE § 2016 (iv) the provision of data as requested by the Secretary for purposes of analyzing the impact of the project on participant ac- cess, ease of use, and program integrity; (v) reports on progress, challenges, and results, as determined by the Secretary; and (vi) such other criteria, including secu- rity criteria, as established by the Sec- retary. (Pub. L. 88–525, § 7, Aug. 31, 1964, 78 Stat. 705; Pub. L. 91–671, § 5, Jan. 11, 1971, 84 Stat. 2050; Pub. L. 93–86, § 3(m), Aug. 10, 1973, 87 Stat. 248; Pub. L. 93–125, § 1(k), Oct. 18, 1973, 87 Stat. 450; Pub. L. 94–339, § 2, July 5, 1976, 90 Stat. 799; Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 967; Pub. L. 97–98, title XIII, § 1312, Dec. 22, 1981, 95 Stat. 1285; Pub. L. 97–253, title I, §§ 162, 190(c)(2), Sept. 8, 1982, 96 Stat. 778, 787; Pub. L. 99–198, title XV, §§ 1518, 1519, Dec. 23, 1985, 99 Stat. 1578; Pub. L. 100–435, title II, § 203(b), Sept. 19, 1988, 102 Stat. 1657; Pub. L. 101–624, title XVII, §§ 1728, 1729(a), Nov. 28, 1990, 104 Stat. 3788, 3789; Pub. L. 103–225, title I, § 102, Mar. 25, 1994, 108 Stat. 107; Pub. L. 104–193, title VIII, § 825(a), Aug. 22, 1996, 110 Stat. 2324; Pub. L. 105–18, title VII, [(a)], June 12, 1997, 111 Stat. 216; Pub. L. 106–171, § 3, Feb. 11, 2000, 114 Stat. 3; Pub. L. 107–171, title IV, § 4110, May 13, 2002, 116 Stat. 309; Pub. L. 110–234, title IV, §§ 4001(b), 4002(a)(4), 4113–4115(a), May 22, 2008, 122 Stat. 1092, 1093, 1103; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4002(a)(4), 4113–4115(a), June 18, 2008, 122 Stat. 1664, 1853, 1854, 1864, 1865; Pub. L. 111–203, title X, § 1075(b), July 21, 2010, 124 Stat. 2074; Pub. L. 113–79, title IV, §§ 4002(b)–(d), 4010–4011(b)(2)(A), 4030(e), Feb. 7, 2014, 128 Stat. 783, 784, 789–792, 814; Pub. L. 115–334, title IV, §§ 4001(b), 4006(a)–(e), Dec. 20, 2018, 132 Stat. 4624, 4634, 4635.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (f)(3), is the date of enactment of Pub. L. 110–246, which was ap- proved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (f)(5)(C). Pub. L. 115–334, § 4006(a), added subpar. (C). Subsec. (h)(2). Pub. L. 115–334, § 4006(b), in introduc- tory provisions, inserted ‘‘and shall periodically review such regulations and modify such regulations to take into account evolving technology and comparable in- dustry standards’’ after ‘‘such a system’’. Subsec. (h)(12)(A). Pub. L. 115–334, § 4006(c)(1), inserted ‘‘, or due to the death of all members of the household’’ after ‘‘due to inactivity’’. Subsec. (h)(12)(B), (C). Pub. L. 115–334, § 4006(c)(2), added subpars. (B) and (C) and struck out former sub- pars. (B) and (C) which read as follows: ‘‘(B) BENEFIT STORAGE.—A State agency may store re- covered electronic benefits off-line in accordance with subparagraph (D), if the household has not accessed the account after 6 months. ‘‘(C) BENEFIT EXPUNGING.—A State agency shall ex- punge benefits that have not been accessed by a house- hold after a period of 12 months.’’ Subsec. (h)(13). Pub. L. 115–334, § 4006(d)(1), amended par. (13) generally. Prior to amendment, text read as follows: ‘‘No interchange fees shall apply to electronic benefit transfer transactions under this subsection.’’ Subsec. (h)(14)(A). Pub. L. 115–334, § 4006(e)(1), amend- ed subpar. (A) generally. Prior to amendment, subpar. (A) related to redemption of benefits by retail food stores through electronic means other than wired point of sale devices for electronic benefit transfer trans- actions, if certain criteria had been met. Subsec. (h)(14)(B). Pub. L. 115–334, § 4006(e)(2)(A), sub- stituted ‘‘Demonstration projects on access of benefits through mobile technologies’’ for ‘‘Demonstration project on acceptance of benefits of mobile trans- actions’’ in heading. Subsec. (h)(14)(B)(i). Pub. L. 115–334, § 4006(e)(2)(B), amended cl. (i) generally. Prior to amendment, text read as follows: ‘‘Before authorizing implementation of subparagraph (A) in all States, the Secretary shall pilot the use of mobile technologies determined by the Secretary to be appropriate to test the feasibility and implications for program integrity, by allowing retail food stores to accept benefits from recipients of supple- mental nutrition assistance through mobile trans- actions.’’ Subsec. (h)(14)(B)(ii). Pub. L. 115–334, § 4006(e)(2)(C)(i)–(iii), in heading substituted ‘‘Project requirements’’ for ‘‘Demonstration projects’’ and, in in- troductory provisions, substituted ‘‘State agency’’ for ‘‘retail food store’’ and struck out ‘‘includes’’ after ‘‘a plan that’’. Subsec. (h)(14)(B)(ii)(I) to (VIII). Pub. L. 115–334, § 4006(e)(2)(C)(iv), added subcls. (I) to (VIII) and struck out former subcls. (I) to (IV) which read as follows: ‘‘(I) a description of the technology; ‘‘(II) the manner by which the retail food store will provide proof of the transaction to households; ‘‘(III) the provision of data to the Secretary, con- sistent with requirements established by the Secretary, in a manner that allows the Secretary to evaluate the impact of the demonstration on participant access, ease of use, and program integrity; and ‘‘(IV) such other criteria as the Secretary may re- quire.’’ Subsec. (h)(14)(B)(iii), (iv). Pub. L. 115–334, § 4006(e)(2)(D), (E), added cl. (iii) and amended former cl. (iii) generally, which general amendment also redesig- nated former cl. (iii) as (iv). Prior to amendment, text of cl. (iii) read as follows: ‘‘The demonstration projects under this subparagraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2016.’’ Subsec. (h)(14)(C)(i). Pub. L. 115–334, § 4006(e)(3), sub- stituted ‘‘2022’’ for ‘‘2017’’ and inserted ‘‘requires fur- ther study by way of an extended pilot period or’’ be- fore ‘‘is not in the best interest’’. Subsec. (j)(1)(H). Pub. L. 115–334, § 4006(d)(2), amended subpar. (H) generally. Prior to amendment, text read as follows: ‘‘The term ‘switching’ means the routing of an interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in 1 State to the issuer of the card that is in another State.’’ Subsec. (k). Pub. L. 115–334, § 4001(b)(1), substituted ‘‘Acceptance of program benefits through online trans- actions’’ for ‘‘Option to accept program benefits through on-line transactions’’ in heading. Subsec. (k)(4)(C). Pub. L. 115–334, § 4001(b)(2), struck out subpar. (C). Text read as follows: ‘‘The demonstra- tion projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2016.’’ Subsec. (k)(5). Pub. L. 115–334, § 4001(b)(3), struck out par. (5). Text read as follows: ‘‘The Secretary shall— ‘‘(A) by not later than January 1, 2017, authorize implementation of paragraph (1) in all States, unless the Secretary makes a finding, based on the data pro- vided under paragraph (4), that implementation in all States is not in the best interest of the supplemental nutrition assistance program; and Page 1294 TITLE 7—AGRICULTURE § 2016 ‘‘(B) if the determination made in subparagraph (A) is not to implement in all States, submit a report to the Committee on Agriculture of the House of Rep- resentatives and the Committee on Agriculture, Nu- trition, and Forestry of the Senate that includes the basis of the finding.’’ 2014—Subsec. (b). Pub. L. 113–79, § 4011(b)(2)(A), sub- stituted ‘‘purchase food from retail food stores’’ for ‘‘purchase food in retail food stores’’. Subsec. (f)(2). Pub. L. 113–79, § 4002(b)(1), added par. (2) and struck out former par. (2). Text read as follows: ‘‘The cost of documents or systems that may be re- quired by this subsection may not be imposed upon a retail food store participating in the supplemental nu- trition assistance program.’’ Subsec. (f)(4), (5). Pub. L. 113–79, § 4002(b)(2), added pars. (4) and (5). Subsec. (h)(2)(C)(ii). Pub. L. 113–79, § 4002(c), added cl. (ii) and struck out former cl. (ii) which read as follows: ‘‘effective not later than 2 years after August 22, 1996, to the extent practicable, measures that permit a sys- tem to differentiate items of food that may be acquired with an allotment from items of food that may not be acquired with an allotment;’’. Subsec. (h)(3)(B). Pub. L. 113–79, § 4002(d), substituted ‘‘is operational at a sufficient number’’ for ‘‘is oper- ational— ‘‘(i) in the case of a participating retail food store in which coupons are used to purchase 15 percent or more of the total dollar amount of food sold by the store (as determined by the Secretary), at all reg- isters in the store; and ‘‘(ii) in the case of other participating stores, at a sufficient number’’. Subsec. (h)(8). Pub. L. 113–79, § 4010, substituted ‘‘of cards’’ for ‘‘card fee’’ in par. heading, designated exist- ing provisions as subpar. (A), inserted subpar. heading, and added subpars. (B) to (D). Subsec. (h)(12), (13). Pub. L. 113–79, § 4030(e), redesig- nated par. (12), relating to interchange fees, as (13). Subsec. (h)(14). Pub. L. 113–79, § 4011(a), added par. (14). Subsec. (k). Pub. L. 113–79, § 4011(b)(1), added subsec. (k). 2010—Subsec. (h)(10). Pub. L. 111–203 amended par. (10) generally. Prior to amendment, text read as follows: ‘‘Disclosures, protections, responsibilities, and rem- edies established by the Federal Reserve Board under section 1693b of title 15 shall not apply to benefits under this chapter delivered through any electronic benefit transfer system.’’ 2008—Pub. L. 110–246, § 4115(a)(1), substituted ‘‘pro- gram benefits’’ for ‘‘coupons’’ in section catchline. Subsec. (a). Pub. L. 110–246, § 4115(a)(1), inserted head- ing and substituted ‘‘Except as provided in subsection (i), EBT cards shall be’’ for ‘‘Coupons shall be printed under such arrangements and in such denominations as may be determined by the Secretary to be necessary, and (except as provided in subsection (j) of this section) shall be’’. Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp pro- gram’’. Subsec. (b). Pub. L. 110–246, § 4115(a)(2), inserted head- ing, substituted ‘‘Benefits’’ for ‘‘Coupons’’, and struck out before period at end ‘‘: Provided further, That eligi- ble households using coupons to purchase food may re- ceive cash in change therefor so long as the cash re- ceived does not equal or exceed the value of the lowest coupon denomination issued’’. Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp pro- gram’’. Subsec. (c). Pub. L. 110–246, § 4115(a)(3), inserted sub- sec. heading, designated existing provisions as par. (1), inserted par. heading, substituted ‘‘EBT cards’’ for ‘‘Coupons’’, struck out ‘‘and define their denomina- tion’’ after ‘‘explain their purpose’’, struck out at end ‘‘The name of any public official shall not appear on such coupons.’’, and added par. (2). Subsec. (d). Pub. L. 110–246, § 4115(a)(4), (12), redesig- nated subsec. (e) as (d) and struck out former subsec. (d) which related to determination and monitoring of coupon inventory levels and certified monthly report on issuer’s operations. Subsec. (e). Pub. L. 110–246, § 4115(a)(12), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Pub. L. 110–246, § 4115(a)(5), substituted ‘‘benefits’’ for ‘‘coupons’’ in two places and ‘‘benefit issuers’’ for ‘‘cou- pon issuers’’ in two places. Subsec. (f). Pub. L. 110–246, § 4115(a)(12), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Pub. L. 110–246, § 4115(a)(6), substituted ‘‘issuance of benefits’’ for ‘‘issuance of coupons’’, ‘‘benefit issuers’’ for ‘‘coupon issuer’’, and ‘‘authorizations for benefits’’ for ‘‘authorizations for coupons and allotments’’ and struck out ‘‘including any losses involving failure of a benefit issuers to comply with the requirements speci- fied in section 2020(e)(20) of this title,’’ after ‘‘issuance of benefits’’. Subsec. (g). Pub. L. 110–246, § 4115(a)(12), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Pub. L. 110–246, § 4115(a)(7), added subsec. (g) and struck out former subsec. (g) which related to issuance or delivery of food stamp coupons using alternative methods or issuance of other reusable documents in lieu of coupons by a State agency. Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp pro- gram’’ in two places. Subsec. (h). Pub. L. 110–246, § 4115(a)(12), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). Subsec. (h)(1). Pub. L. 110–246, § 4115(a)(8), substituted ‘‘benefits’’ for ‘‘coupons’’. Subsec. (h)(2). Pub. L. 110–246, § 4113, added par. (2) and struck out former par. (2) which read as follows: ‘‘Any procedure established under paragraph (1) shall not re- duce the allotment of any household and shall ensure that no household experiences an interval between issuances of more than 40 days. The procedure may in- clude issuing a household’s benefits in more than one issuance.’’ Subsec. (i). Pub. L. 110–246, § 4115(a)(12), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). Subsec. (i)(3)(B)(ii). Pub. L. 110–246, § 4002(a)(4)(A)(i), substituted ‘‘households receiving supplemental nutri- tion assistance program benefits’’ for ‘‘food stamp households’’. Subsec. (i)(7). Pub. L. 110–246, § 4002(a)(4)(A)(ii), sub- stituted ‘‘supplemental nutrition assistance issuance’’ for ‘‘food stamp issuance’’. Subsec. (i)(12). Pub. L. 110–246, § 4115(a)(9), added par. (12) relating to interchange fees. Pub. L. 110–246, § 4114, added par. (12) relating to re- covering electronic benefits. Subsec. (j). Pub. L. 110–246, § 4115(a)(12), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i). Subsec. (j)(1). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’. Subsec. (j)(2)(A)(ii). Pub. L. 110–246, § 4115(a)(10)(A), substituted ‘‘issuing and redeeming benefits’’ for ‘‘printing, shipping, and redeeming coupons’’. Subsec. (j)(2)(B). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’. Subsec. (j)(5). Pub. L. 110–246, § 4115(a)(10)(B), sub- stituted ‘‘benefit’’ for ‘‘coupon’’. Subsec. (k). Pub. L. 110–246, § 4115(a)(12), redesignated subsec. (k) as (j). Subsec. (k)(1)(A). Pub. L. 110–246, § 4115(a)(11)(C), which directed amendment of subpar. (A) by sub- stituting ‘‘subsection (h)(11)(A)’’ for ‘‘subsection (i)(11)(A)’’, was executed by making the substitution in subpar. (A) of par. (1), to reflect the probable intent of Congress. Subsec. (k)(1)(B). Pub. L. 110–246, § 4115(a)(11)(A), sub- stituted ‘‘program benefits in the form of’’ for ‘‘cou- pons in the form of’’. Subsec. (k)(1)(C), (E). Pub. L. 110–246, § 4115(a)(11)(B), substituted ‘‘program benefits in the form of’’ for ‘‘a coupon issued in the form of’’. Page 1295 TITLE 7—AGRICULTURE § 2016 Subsec. (k)(2). Pub. L. 110–246, § 4115(a)(11)(A), sub- stituted ‘‘program benefits in the form of’’ for ‘‘cou- pons in the form of’’. Pub. L. 110–246, § 4002(a)(4)(B)(i), substituted ‘‘supple- mental nutrition assistance program benefits’’ for ‘‘food stamp benefits’’. Subsec. (k)(3). Pub. L. 110–246, § 4002(a)(4)(B)(ii), sub- stituted ‘‘retail store’’ for ‘‘food stamp retail store’’. Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp pro- gram’’. Subsec. (k)(5)(B)(ii), (C). Pub. L. 110–246, § 4001(b), sub- stituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’ wherever appearing. 2002—Subsec. (i)(2). Pub. L. 107–171 redesignated sub- pars. (B) to (I) as (A) to (H), respectively, and struck out former subpar. (A) which read as follows: ‘‘deter- mining the cost-effectiveness of the system to ensure that its operational cost, including the pro rata cost of capital expenditures and other reasonable startup costs, does not exceed the operational cost of issuance systems in use prior to the implementation of the elec- tronic benefit transfer system;’’. 2000—Subsec. (k). Pub. L. 106–171 added subsec. (k). 1997—Subsec. (a). Pub. L. 105–18, title VII, [(a)(1)], in- serted ‘‘(except as provided in subsection (j) of this sec- tion)’’ after ‘‘necessary, and’’. Subsec. (j). Pub. L. 105–18, title VII, [(a)(2)], added subsec. (j). 1996—Subsec. (i). Pub. L. 104–193, § 825(a)(1), inserted subsec. heading. Subsec. (i)(1). Pub. L. 104–193, § 825(a)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘(1)(A) Any State agency may, with the approval of the Secretary, implement an on-line electronic benefit transfer system in which household benefits deter- mined under section 2017(a) of this title are issued from and stored in a central data bank and electronically accessed by household members at the point-of-sale. ‘‘(B) No State agency may implement or expand an electronic benefit transfer system without prior ap- proval from the Secretary.’’ Subsec. (i)(2). Pub. L. 104–193, § 825(a)(2)(A), struck out ‘‘effective no later than April 1, 1992,’’ after ‘‘regula- tions’’ in introductory provisions. Subsec. (i)(2)(A). Pub. L. 104–193, § 825(a)(2)(B), struck out ‘‘, in any 1 year,’’ after ‘‘does not exceed’’ and ‘‘on- line’’ before ‘‘electronic benefit’’. Subsec. (i)(2)(D). Pub. L. 104–193, § 825(a)(2)(C), added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘system security;’’. Subsec. (i)(2)(I). Pub. L. 104–193, § 825(a)(2)(D)–(F), added subpar. (I). Subsec. (i)(7) to (11). Pub. L. 104–193, § 825(a)(3), added pars. (7) to (11). 1994—Subsec. (h)(1). Pub. L. 103–225 inserted second sentence and struck out former second sentence which read as follows: ‘‘The State agency shall establish such a procedure for eligible households residing on reserva- tions.’’ 1990—Subsec. (h). Pub. L. 101–624, § 1728, amended sub- sec. (h) generally. Prior to amendment, subsec. (h) read as follows: ‘‘The State agency may implement a proce- dure for staggering the issuance of coupons to eligible households throughout the entire month: Provided, That the procedure ensures that, in the transition pe- riod from other issuance procedures, no eligible house- hold experiences an interval between coupon issuances of more than 40 days, either through regular issuances by the State agency or through supplemental issuances.’’ Subsec. (i). Pub. L. 101–624, § 1729(a), added subsec. (i). 1988—Subsec. (h). Pub. L. 100–435 struck out par. (1) designation and par. (2) which read as follows: ‘‘For any eligible household that applies for participation in the food stamp program during the last fifteen days of a month and is issued benefits within that period, cou- pons shall be issued for the first full month of partici- pation by the the [sic] eighth day of the first full month of participation.’’ 1985—Subsec. (g)(1). Pub. L. 99–198, § 1519, substituted ‘‘shall’’ for ‘‘may’’ in provisions preceding subpar. (A). Subsec. (h). Pub. L. 99–198, § 1518, added subsec. (h). 1982—Subsec. (f). Pub. L. 97–253, § 190(c)(2), substituted reference to section 2020(e)(20) of this title for former reference to section 2020(e)(21) of this title. Subsec. (g). Pub. L. 97–253, § 162, added subsec. (g). 1981—Subsec. (f). Pub. L. 97–98 substituted ‘‘strictly liable’’ for ‘‘responsible’’ and inserted provision includ- ing any losses involving failure of a coupon issuer to comply with the requirements of section 2020(e)(21) of this title, except that in the case of losses resulting from the issuance and replacement of authorizations for coupons and allotments sent through the mail, State agency liability be to the extent prescribed in regulations. 1977—Pub. L. 95–113 substituted revised provisions re- lating to issuance and use of coupons for provisions re- lating to value of the coupon allotment which are now covered by section 2017 of this title. 1976—Subsec. (d). Pub. L. 94–339 designated existing provisions as par. (1) and added pars. (2) to (7). 1973—Subsec. (a). Pub. L. 93–125 substituted ‘‘for households of a given size unless the increase in the face value’’ for ‘‘for value’’. Pub. L. 93–86 substituted provisions relating to deter- mination of semiannual adjustments in face value of coupon allotment for provisions relating to determina- tion of annual adjustments in such allotment. 1971—Subsec. (a). Pub. L. 91–671 substituted provision for issuance of coupon allotment in such amount as the Secretary determines to be the cost of a nutritionally adequate diet, adjusted annually to reflect changes in prices of food published by Bureau of Labor Statistics for prior provision for issuance in such amount as will provide households with an opportunity more nearly to obtain a low-cost nutritionally adequate diet and in- serted ‘‘any’’ before ‘‘households’’. Subsec. (b). Pub. L. 91–671 substituted provisions re- specting charges to households for coupon allotments representing reasonable investment on part of the households, issuance of coupon allotments without charge where monthly income is less than $30 for a family of four, and election of coupon allotment with a lesser face value than the face value authorized to be issued for prior provision for a charge determined to be equivalent to normal expenditures for food. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to a ‘‘coupon’’, ‘‘authorization card’’, or other access device provided under the Food and Nutri- tion Act of 2008 considered to refer to a ‘‘benefit’’ under that Act, see section 4115(d) of Pub. L. 110–246, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(4), and 4113–4115(a) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an Effective Date note under section 1161 of Title 2, The Congress. Page 1296 TITLE 7—AGRICULTURE § 2016 EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 1728 of Pub. L. 101–624 effec- tive and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than Oct. 1, 1991, and amend- ment by section 1729 of Pub. L. 101–624 effective Nov. 28, 1990, see section 1781(a), (b)(2) of Pub. L. 101–624, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–435 effective Jan. 1, 1989, except with regard to those States not implementing section 203(a) of Pub. L. 100–435 (amending section 2017 of this title), see section 701(b)(3)(B) of Pub. L. 100–435, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97–253, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 1338 of Pub. L. 97–98, set out as a note under section 2012 of this title, see section 192(b) of Pub. L. 97–253, set out as a note under section 2012 of this title. Amendment by Pub. L. 97–98 effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 1338 of Pub. L. 97–98, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 958, provided that the amendment made by section 1301 is effective Oct. 1, 1977. SAVINGS CLAUSE Pub. L. 113–79, title IV, § 4011(c), Feb. 7, 2014, 128 Stat. 793, provided that: ‘‘Nothing in this section [amending this section and section 2019 of this title] or an amend- ment made by this section alters any requirements of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) unless specifically authorized in this section or an amendment made by this section.’’ ADDITIONAL ASSISTANCE FOR SNAP ONLINE PURCHASING AND TECHNOLOGY IMPROVEMENTS Pub. L. 117–2, title I, § 1102, Mar. 11, 2021, 135 Stat. 15, provided that: ‘‘(a) FUNDING.—In addition to amounts otherwise made available, there is appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $25,000,000 to remain available through September 30, 2026, to carry out this section. ‘‘(b) USE OF FUNDS.—The Secretary of Agriculture may use the amounts made available pursuant to sub- section (a)— ‘‘(1) to make technological improvements to im- prove online purchasing in the supplemental nutri- tion assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); ‘‘(2) to modernize electronic benefit transfer tech- nology; ‘‘(3) to support the mobile technologies demonstra- tion projects and the use of mobile technologies au- thorized under section 7(h)(14) of the Food and Nutri- tion Act of 2008 (7 U.S.C. 2016(h)(14)); and ‘‘(4) to provide technical assistance to educate re- tailers on the process and technical requirements for the online acceptance of the supplemental nutrition assistance program benefits, for mobile payments, and for electronic benefit transfer modernization ini- tiatives.’’ Pub. L. 116–260, div. N, title VII, § 703, Dec. 27, 2020, 134 Stat. 2094, provided that: ‘‘(a) RESOURCES FOR SNAP ONLINE PURCHASING.—Not later than 60 days after the date of enactment of this Act [Dec. 27, 2020], the Secretary shall provide— ‘‘(1) additional support for the Food and Nutrition Service to conduct end-to-end testing in the online production environment; and ‘‘(2) technical assistance to educate retailers on the process and technical requirements for the online ac- ceptance of SNAP benefits and to support and expe- dite SNAP online purchasing. ‘‘(b) SNAP ONLINE PURCHASING ASSISTANCE FOR DI- RECT-MARKETING FARMERS AND FARMERS’ MARKETS.— The Secretary, on a competitive basis, shall enter into cooperative agreements with, or provide grants to, not more than 5 eligible entities to build out functionality, and provide assistance to direct-marketing farmers and farmers’ markets to accept SNAP benefits through on- line transactions. ‘‘(1) SELECTION PRIORITY.—The Secretary shall prioritize eligible entities with experience building online purchasing platforms for technology solutions for farmers’ markets and direct-marketing farmers. ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this sub- section, the term ‘eligible entity’ means a nonprofit entity with experience building online purchasing platforms or technology solutions, or with experience working with commercial entities that have experi- ence building online purchasing platforms or tech- nology solutions. ‘‘(c) ISSUANCE INNOVATION AND TECHNOLOGY IMPROVE- MENT SUPPORT.—The Secretary shall— ‘‘(1) review technological developments, including developments related to security and privacy, sur- rounding mobile payment technology, to support the mobile technologies demonstration projects and the use of mobile technologies authorized under section 7(k)(14) [probably should be ‘‘7(k)(4)’’] of the Food and Nutrition Act of 2008 [7 U.S.C. 2016(k)(4)]; and ‘‘(2) test methods to modernize electronic benefit transfer technology for the purpose of improving the security and integrity of the electronic benefits transfer system. ‘‘(d) REPORT.—Not later than January 31, 2022, and annually thereafter until all funds provided under sub- section (e) have been expended, the Secretary shall sub- mit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that in- cludes— ‘‘(1) a description of the activities conducted under subsections (a), (b), and (c); ‘‘(2) a description of any grants, cooperative agree- ments, or contracts awarded under this section; ‘‘(3) an analysis of the technological developments surrounding mobile payment technology; and ‘‘(4) a summary of EBT modernization testing re- sults under subsection (c)(2). ‘‘(e) FUNDING.— ‘‘(1) APPROPRIATIONS.—There is hereby appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated, $5,000,000 to be available until expended to carry out this section. ‘‘(2) USE OF FUNDS.—With respect to the funds ap- propriated under paragraph (1), the Secretary shall use— ‘‘(A) not more than $1,000,000 for purposes de- scribed in subsection (a); and ‘‘(B) not more than $1,000,000 for purposes de- scribed in subsection (b).’’ [For definitions of ‘‘Secretary’’ and ‘‘SNAP’’ as used in section 703 of div. N of Pub. L. 116–260, set out above, see section 701 of div. N of Pub. L. 116–260, set out as a note under section 2011 of this title.] REPORT ON ELECTRONIC BENEFIT TRANSFER SYSTEMS Pub. L. 107–171, title IV, § 4111, May 13, 2002, 116 Stat. 309, as amended by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(C), May 22, 2008, 122 Stat. 1095, 1096; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(C), June 18, 2008, 122 Stat. 1664, 1857, 1858, required Page 1297 TITLE 7—AGRICULTURE § 2016a the Secretary of Agriculture to submit to Congress, not later than Oct. 1, 2003, a report related to State agen- cies’ use of electronic benefit transfer systems to issue benefits under the supplemental nutrition assistance program. CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 106–171, § 2, Feb. 11, 2000, 114 Stat. 3, as amend- ed by Pub. L. 110–234, title IV, § 4002(b)(1)(A), (D), (2)(F), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (D), (2)(F), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that: ‘‘The purposes of this Act [amending this section and enacting provisions set out as notes under this section and section 2011 of this title] are— ‘‘(1) to protect the integrity of the supplemental nutrition assistance program; ‘‘(2) to ensure cost-effective portability of supple- mental nutrition assistance program benefits bene- fits [sic] across State borders without imposing addi- tional administrative expenses for special equipment to address problems relating to the portability; ‘‘(3) to enhance the flow of interstate commerce in- volving electronic transactions involving supple- mental nutrition assistance program benefits bene- fits [sic] under a uniform national standard of inter- operability and portability; and ‘‘(4) to eliminate the inefficiencies resulting from a patchwork of State-administered systems and regula- tions established to carry out the supplemental nu- trition assistance program.’’ STUDY OF ALTERNATIVES FOR HANDLING ELECTRONIC BENEFIT TRANSACTIONS INVOLVING FOOD STAMP BEN- EFITS Pub. L. 106–171, § 4, Feb. 11, 2000, 114 Stat. 6, as amend- ed by Pub. L. 110–234, title IV, § 4002(b)(1)(B), (D), (2)(F), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (D), (2)(F), June 18, 2008, 122 Stat. 1664, 1857, 1858, directed the Secretary of Agri- culture, not later than 1 year after Feb. 11, 2000, to study and report to Congress on alternatives for han- dling interstate electronic benefit transactions involv- ing supplemental nutrition assistance program bene- fits, including use of a single switching hub. SUSPENSION OF STAGGERED ISSUANCE OF FOOD STAMP COUPONS Pub. L. 102–237, title IX, § 908(a)(1), Dec. 13, 1991, 105 Stat. 1886, as amended by Pub. L. 103–11, § 1, Apr. 1, 1993, 107 Stat. 41; Pub. L. 103–205, § 1, Dec. 17, 1993, 107 Stat. 2418, provided that no State agency be required to im- plement 7 U.S.C. 2016(h)(1), regarding staggering of issuance of food stamp coupons, until Mar. 15, 1994, and directed Secretary of Agriculture to issue final regula- tions requiring staggered issuance of coupons no later than Dec. 1, 1992, prior to repeal by Pub. L. 103–225, title I, § 104(a), Mar. 25, 1994, 108 Stat. 107. FOOD STAMP COUPONS, COST INCREASE SUSPENSION Pub. L. 94–4, Feb. 20, 1975, 89 Stat. 6, provided that notwithstanding the provisions of 7 U.S.C. 2016(b), the charge imposed on any household for a coupon allot- ment under this chapter after Feb. 20, 1975, and prior to Dec. 30, 1975, could not exceed the charge that would have been imposed on such household for such coupon allotment under rules and regulations promulgated under this chapter and in effect on Jan. 1, 1975. § 2016a. EBT benefit fraud prevention (a) Guidance; rulemaking The Secretary shall— (1) issue guidance to State agencies, on an ongoing basis, as informed by the process out- lined in paragraph (4), that describes security measures that— (A) are effective, as determined by the Sec- retary, in detecting and preventing theft of benefits, including through card skimming, card cloning, and other similar fraudulent methods; (B) are consistent with industry standards for detecting, identifying, and preventing debit and credit card skimming, card cloning, and other similar fraudulent meth- ods; and (C) consider the feasibility of cost, avail- ability, and implementation for States; (2) promulgate regulations through notice- and-comment rulemaking to require State agencies to take the security measures de- scribed in the guidance issued under paragraph (1); (3) not later than December 1, 2023, promul- gate regulations (including an interim final rule) to require State agencies to implement procedures for the replacement of benefits consistent with subsection (b); (4) coordinate with the Administrator of the Administration for Children and Families of the Department of Health and Human Serv- ices, the Attorney General of the United States, State agencies, retail food stores, and EBT contractors— (A) to determine— (i) how benefits are being stolen through card skimming, card cloning, and other similar fraudulent methods; (ii) how those stolen benefits are used; and (iii) the locations where card skimming, card cloning, and other similar fraudulent methods are taking place; (B) to establish measures, including equip- ment enhancements for retail food stores, to prevent benefits from being stolen through card skimming, card cloning, and other similar fraudulent methods; and (C) to establish standard reporting meth- ods for States to collect and share data with the Secretary on the scope of benefits being stolen through card skimming, card cloning, and other similar fraudulent methods; and (5) not later than December 1, 2024, submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representa- tives a report that includes— (A) information on the frequency of theft of benefits and the location of those thefts, including benefits stolen through card skim- ming, card cloning, and other similar fraud- ulent methods; (B) a description of the determinations made under paragraph (4)(A), the measures established under paragraph (4)(B), and methods established in paragraph (4)(C); (C) a description of the industry standards described in paragraph (1)(B); (D) a comparison of State plans related to reimbursement, prevention, and other rel- evant procedures approved in accordance with subsection (b)(1)(A); and (E) recommendations on how to consist- ently and proactively detect, track, report, and prevent theft of benefits, including bene- fits stolen through card skimming, card cloning, and other similar fraudulent meth- ods.