electronic benefit transfer

(12) Electronic benefit transfer.— (A) Definitions .— In this paragraph: (i) Electronic benefit transfer .— The term “electronic benefit transfer” means a food delivery system that provides benefits using a card or other access device approved by the Secretary that permits electronic access to program benefits. (ii) Program .— The term “program” means the special supplemental nutrition program established by this section. (B) Requirements.— (i) In general .— Not later than October 1, 2020 , each State agency shall be required to implement electronic benefit transfer systems throughout the State, unless the Secretary grants an exemption under subparagraph (C) for a State agency that is facing unusual barriers to implement an electronic benefit transfer system. (ii) Responsibility .— The State agency shall be responsible for the coordination and management of the electronic benefit transfer system of the agency. (C) Exemptions.— (i) In general .— To be eligible for an exemption from the statewide implementation requirements of subparagraph (B)(i), a State agency shall demonstrate to the satisfaction of the Secretary 1 or more of the following: (I) There are unusual technological barriers to implementation. (II) Operational costs are not affordable within the nutrition services and administration grant of the State agency. (III) It is in the best interest of the program to grant the exemption. (ii) Specific date .— A State agency requesting an exemption under clause (i) shall specify a date by which the State agency anticipates statewide implementation described in subparagraph (B)(i). (D) Reporting.— (i) In general .— Each State agency shall submit to the Secretary electronic benefit transfer project status reports to demonstrate the progress of the State toward statewide implementation. (ii) Consultation .— If a State agency plans to incorporate additional programs in the electronic benefit transfer system of the State, the State agency shall consult with the State agency officials responsible for administering the programs prior to submitting the planning documents to the Secretary for approval. (iii) Requirements .— At a minimum, a status report submitted under clause (i) shall contain— (I) an annual outline of the electronic benefit transfer implementation goals and objectives of the State; (II) appropriate updates in accordance with approval requirements for active electronic benefit transfer State agencies; and (III) such other information as the Secretary may require. (E) Imposition of costs on vendors.— (i) Cost prohibition .— Except as otherwise provided in this paragraph, the Secretary may not impose, or allow a State agency to impose, the costs of any equipment or system required for electronic benefit transfers on any authorized vendor in order to transact electronic benefit transfers if the vendor equipment or system is used solely to support the program. (ii) Cost-sharing .— The Secretary shall establish criteria for cost-sharing by State agencies and vendors of costs associated with any equipment or system that is not solely dedicated to transacting electronic benefit transfers for the program. (iii) Fees.— (I) In general .— A vendor that elects to accept electronic benefit transfers using multifunction equipment shall pay commercial transaction processing costs and fees imposed by a third-party processor that the vendor elects to use to connect to the electronic benefit transfer system of the State. (II) Interchange fees .— No interchange fees shall apply to electronic benefit transfer transactions under this paragraph. (iv) Statewide operations .— After completion of statewide expansion of a system for transaction of electronic benefit transfers— (I) a State agency may not be required to incur ongoing maintenance costs for vendors using multifunction systems and equipment to support electronic benefit transfers; and (II) any retail store in the State that applies for authorization to become a program vendor shall be required to demonstrate the capability to accept program benefits electronically prior to authorization, unless the State agency determines that the vendor is necessary for participant access. (F) Minimum lane coverage.— (i) In general .— The Secretary shall establish minimum lane coverage guidelines for vendor equipment and systems used to support electronic benefit transfers. (ii) Provision of equipment .— If a vendor does not elect to accept electronic benefit transfers using its own multifunction equipment, the State agency shall provide such equipment as is necessary to solely support the program to meet the established minimum lane coverage guidelines. (G) Technical standards .— The Secretary shall— (i) establish technical standards and operating rules for electronic benefit transfer systems; and (ii) require each State agency, contractor, and authorized vendor participating in the program to demonstrate compliance with the technical standards and operating rules.

Source

42 USC § 1786(h)(12)


Scoping language

In this paragraph
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