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pdf132 STAT. 4634
PUBLIC LAW 115–334—DEC. 20, 2018
activities that the Secretary determines have the
most demonstrable impact on the ability of participants to find and retain employment that leads
to increased household income and reduced reliance on public assistance under section
6(d)(4)(B)(i).
‘‘(v) CONSIDERATION.—In reallocating funds under
this subparagraph, a State agency that receives reallocated funds under clause (iv)(I) may also be considered
for reallocated funding under clause (iv)(II).’’, and
(C) in subparagraph (D) by striking ‘‘$50,000’’ and
inserting ‘‘$100,000’’, and
(2) in paragraph (5)(B) by adding at the end the following:
‘‘(v) STATE OPTION.—The State agency may report
relevant data from a workforce partnership carried
out under section 6(d)(4)(N) to demonstrate the number
of program participants served by the workforce partnership.’’.
(e) EXPIRED AUTHORITY.—Section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)) is amended—
(1) by striking paragraph (2), and
(2) by redesignating paragraph (3) as paragraph (2).
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SEC. 4006. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER
SYSTEM.
(a) EBT PORTABILITY.—Section 7(f)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the
end the following:
‘‘(C) OPERATION OF INDIVIDUAL POINT OF SALE DEVICE
BY FARMERS’ MARKETS AND DIRECT MARKETING FARMERS.—
A farmers’ market or direct marketing farmer that is
exempt under paragraph (2)(B)(i) shall be allowed to
operate an individual 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 marketing farmer
provides to the Secretary information on location and
hours of operation at each location; and
‘‘(ii)(I) the point of sale device used by the farmers’
market or direct marketing farmer is capable of providing location information of the device through the
electronic 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 direct marketing farmer provides to the
Secretary any other information, as determined by the
Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.’’.
(b) MODERNIZATION OF ELECTRONIC BENEFIT TRANSFER REGULATIONS.—The 1st sentence of section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) is amended by inserting
‘‘and shall periodically review such regulations and modify such
regulations to take into account evolving technology and comparable
industry standards’’ before the period at the end.
(c) BENEFIT RECOVERY.—Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4635
(1) in subparagraph (A) by inserting ‘‘, or due to the death
of all members of the household’’ after ‘‘inactivity’’, and
(2) by striking subparagraphs (B) and (C) and inserting
the following:
‘‘(B) BENEFIT STORAGE.—
‘‘(i) IN GENERAL.—A State agency may store recovered electronic benefits off-line in accordance 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 benefits
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 have not been
accessed by a household after a period of 9 months,
or upon verification that all members of the household
are deceased.
‘‘(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 household
that benefits will be expunged due to inactivity,
and the date upon which benefits will be expunged;
‘‘(II) for benefits stored off-line in accordance
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 available to
the household.’’.
(d) PROHIBITED FEES.—Section 7 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016) is amended—
(1) by amending subsection (h)(13) to read as follows:
‘‘(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, contractor, or subcontractor
of a State who facilitates the provision of supplemental
nutrition assistance program benefits in such State may
impose a fee for switching (as defined in subsection
(j)(1)(H)) or routing such benefits.’’, and
(2) by amending subsection (j)(1)(H) to read as follows:
‘‘(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.’’.
(e) MOBILE TECHNOLOGIES.—Section 7(h)(14) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended—
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132 STAT. 4636
PUBLIC LAW 115–334—DEC. 20, 2018
(1) by amending subparagraph (A) to read as follows:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall authorize the use of mobile technologies
for the purpose of accessing supplemental nutrition assistance program benefits.’’,
(2) in subparagraph (B)—
(A) by striking the heading and inserting ‘‘DEMONSTRA-
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TION PROJECTS ON ACCESS OF BENEFITS THROUGH MOBILE
TECHNOLOGIES’’,
(B) by amending clause (i) to read as follows:
‘‘(i) DEMONSTRATION PROJECTS.—Before authorizing implementation of subparagraph (A) in all States,
the Secretary shall approve not more than 5 demonstration project proposals submitted by State agencies that will pilot the use of mobile technologies for
supplemental nutrition assistance program benefits
access.’’,
(C) in clause (ii)—
(i) in the heading by striking ‘‘DEMONSTRATION
PROJECTS’’ and inserting ‘‘PROJECT REQUIREMENTS’’,
(ii) by striking ‘‘retail food store’’ the first place
it appears and inserting ‘‘State agency’’,
(iii) by striking ‘‘includes’’,
(iv) by striking subclauses (I), (II), (III), and (IV),
and inserting the following:
‘‘(I) provides recipient protections regarding
privacy, ease of use, household access to benefits,
and support similar to the protections 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 access;
‘‘(III) requires retail food stores, unless exempt
under section 7(f)(2)(B), to bear the costs of
acquiring and arranging for the implementation
of point-of-sale equipment and supplies for the
redemption 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 security measures to deter fraud, and adequate access to retail
food stores that accept benefits accessed through
mobile technologies, as determined by the Secretary;
‘‘(VI) provides for an evaluation of the demonstration project, including, but not limited to,
an evaluation of household access to benefits;
‘‘(VII) requires that the State demonstration
projects are voluntary for all retail food stores
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4637
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.’’,
(D) by amending clause (iii) to read as follows:
‘‘(iv) DATE OF PROJECT APPROVAL.—The Secretary
shall solicit and approve the qualifying demonstration
projects required under subparagraph (B)(i) not later
than January 1, 2021.’’, and
(E) by inserting after clause (ii) the following:
‘‘(iii) PRIORITY.—The Secretary may prioritize demonstration project proposals that would—
‘‘(I) reduce fraud;
‘‘(II) encourage positive nutritional outcomes;
and
‘‘(III) meet such other criteria as determined
by the Secretary.’’, and
(3) in subparagraph (C)(i)—
(A) by striking ‘‘2017’’ and inserting ‘‘2022’’, and
(B) by inserting ‘‘requires further study by way of
an extended pilot period or’’ after ‘‘States’’ the 2d place
it appears.
(f) APPROVAL OF RETAIL FOOD STORES.—Section 9 of the Food
and Nutrition Act (7 U.S.C. 2018) is amended—
(1) in subsection (a)(1)—
(A) in the 4th sentence by striking ‘‘No retail food
store’’ and inserting the following:
‘‘(D) VISIT REQUIRED.—No retail food store’’,
(B) in the 3d sentence by striking ‘‘Approval’’ and
inserting the following:
‘‘(C) CERTIFICATE.—Approval’’,
(C) in the 2d sentence—
(i) by striking ‘‘food; and (D) the’’ and inserting
the following: ‘‘food;
‘‘(iv) any information, if available, about the ability
of the anticipated or existing electronic benefit transfer
equipment and service provider of the applicant to
provide sufficient information through the electronic
benefit transfer system to minimize the risk of fraudulent transactions; and
‘‘(v) the’’,
(ii) by striking ‘‘concern; (C) whether’’ and inserting
the following: ‘‘concern;
‘‘(iii) whether’’,
(iii) by striking ‘‘applicant; (B) the’’ and inserting
the following: ‘‘applicant;
‘‘(ii) the’’,
(iv) by striking ‘‘following: (A) the nature’’ and
inserting the following: ‘‘following:
‘‘(i) the nature’’, and
(v) in the matter preceding clause (i), as so designated, by striking ‘‘In determining’’ and inserting
the following:
‘‘(B) FACTORS FOR CONSIDERATION.—In determining’’,
and
(D) in the 1st sentence by striking ‘‘(a)(1) Regulations’’
and inserting the following:
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132 STAT. 4638
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(a) AUTHORIZATION TO ACCEPT AND REDEEM BENEFITS.—
‘‘(1) APPLICATIONS.—
‘‘(A) IN GENERAL.—Regulations’’,
(2) in subsection (a) by adding at the end the following:
‘‘(4) ELECTRONIC BENEFIT TRANSFER EQUIPMENT AND
SERVICE PROVIDERS.—Before implementing clause (iv) of paragraph (1)(B), the Secretary shall issue guidance for retail food
stores on how to select electronic benefit transfer equipment
and service providers that are able to meet the requirements
of that clause.’’, and
(3) in the 1st sentence of subsection (c) by inserting ‘‘records
relating to electronic benefit transfer equipment and related
services, transaction and redemption data provided through
the electronic benefit transfer system,’’ after ‘‘purchase
invoices,’’.
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SEC. 4007. REVIEW OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM OPERATIONS.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.
2018) is amended by adding at the end the following:
‘‘(i) REVIEW OF PROGRAM OPERATIONS.—
‘‘(1) REVIEW BY THE SECRETARY.—The Secretary—
‘‘(A) shall review a representative sample of currently
authorized facilities referred to in section 3(k)(3) to determine whether benefits are properly used by or on behalf
of participating households residing in such facilities and
whether such facilities are using more than 1 source of
Federal or State funding to meet the food needs of residents;
‘‘(B) may carry out similar reviews for currently participating residential drug and alcohol treatment and
rehabilitation programs, and group living arrangements
for the blind and disabled, referred to in section 3(k);
‘‘(C) shall gather information, and such facilities, programs, and arrangements shall be required to submit
information deemed necessary for a full and thorough
review; and
‘‘(D) shall report the results of these reviews to the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate not later than 18 months after the date
of the enactment of the Agriculture Improvement Act of
2018, along with recommendations regarding—
‘‘(i) any additional requirements or oversight that
would be appropriate for such facilities, programs, and
arrangements; and
‘‘(ii) whether such facilities, programs, and
arrangements should continue to be authorized to
participate in the supplemental nutrition assistance
program.
‘‘(2) LIMITATION.—Nothing in this subsection shall
authorize the Secretary to deny any application for continued
authorization, any application for authorization, or any request
to withdraw the authorization of any such facility, program,
or arrangement based on a determination that residents of
any such facility or entity are residents of an institution for
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| File Type | application/pdf |
| File Modified | 0000-00-00 |
| File Created | 2021-12-03 |