No CRS summary available for this bill.
This section establishes cybersecurity requirements for electronic benefit transfer (EBT) cards and digital services under the Supplemental Nutrition Assistance Program (SNAP). (As background, SNAP provides nutrition benefits via EBT cards redeemable for eligible foods, which have been vulnerable to skimming and cloning fraud.) Directs the Secretary of Agriculture to promulgate regulations within two years of enactment—reviewed and updated every five years thereafter—to ensure EBT cybersecurity measures align with private-sector and federal standards for payment cards and mobile technologies. Requires states to (1) operate required user interfaces from a Secretary-maintained list (e.g., web portal, mobile application, application programming interface for no-fee third-party access, and text messaging, voice telephone, and nondigital options for 10 years), which must be available in required languages, accessible 99% of the time, and include mobile-friendly web portals; (2) offer households opt-in access via these interfaces to timely transaction notices, 12 months of searchable transaction history (including amounts, merchants, locations), fraud reporting, and notifications of potential reimbursement funds for repeat fraud victims; (3) enable households to check certification and recertification status via these interfaces; and (4) issue chip-enabled EBT cards (i.e., using secure, cloning-resistant technology) within two years after the regulations are finalized.
This section establishes security requirements for online transactions using electronic benefit transfer (EBT) cards (or successors) in the Supplemental Nutrition Assistance Program (SNAP). Specifically, it directs the Secretary of Agriculture, when promulgating or updating related regulations, to (1) require measures effective in detecting and preventing benefit theft—including data theft from online merchants that compromises household use at other merchants—and in securely managing sensitive data via cybersecurity enhancements for online retailers; (2) establish standard methods for States to report to the Secretary the scope of online benefit and data theft; and (3) consider State costs, availability, and implementation feasibility. It further requires the Secretary to consult designated stakeholders (i.e., the Administration for Children and Families, Attorney General, State agencies, retailers, and EBT contractors) on these elements and benefit theft methods, and to submit reports to the Senate Committee on Agriculture, Nutrition, and Forestry and House Committee on Agriculture not later than three years after enactment and every two years thereafter—including theft frequency and amounts, measures taken, consultation findings, prevention recommendations, and a possible confidential annex identifying compromised retailers.
This section directs the Secretary of Agriculture to promulgate regulations not later than 180 days after enactment requiring states administering the Supplemental Nutrition Assistance Program (SNAP) to (1) provide a replacement electronic benefit transfer (EBT) card by mail or in person, as selected by the household, not later than 3 business days after a request if the card is damaged, malfunctioning, stolen, or frozen due to fraud; and (2) offer but not require in-person collection of new or replacement cards. (Thus, SNAP households maintain access to benefits without interruption due to common EBT card issues.)
This section prohibits state agencies from charging fees for replacement of Supplemental Nutrition Assistance Program (SNAP) electronic benefit transfer (EBT) cards if due to (1) card malfunction; (2) suspected or reported fraud by an individual outside the household; (3) card expiration; or (4) required replacement under specified regulations, effective 60 days after enactment.
This section requires retail food stores and wholesale food concerns seeking SNAP authorization or reauthorization to have a chip-enabled payment terminal (i.e., as defined in 7 U.S.C. 7(h)(15)(A)) at each retail location, beginning not later than 180 days after regulations under section 7(h)(15)(B)(i) become final. (Thus, the requirement enhances electronic benefit transfer security for the Supplemental Nutrition Assistance Program (SNAP), which provides food benefits to low-income households redeemable at authorized retailers.)
This section directs the Secretary of Agriculture to submit to the Senate and House Committees on Appropriations and Agriculture (Senate also Nutrition and Forestry), and make publicly available on the USDA website, a report on the security of electronic benefit transfer (EBT) cards issued in Puerto Rico not later than one year after enactment of this Act. The report must address (1) the resistance of those EBT cards to cloning and (2) if appropriate, recommendations for improving electronic benefit transfer system security against cloning-based fraud; it may include a nonpublic annex with classified or law enforcement-sensitive information.
This section strikes from subsection (a) of Section 501 of division HH of the Consolidated Appropriations Act, 2023 (7 U.S.C. 2016a)—which addresses prevention of Supplemental Nutrition Assistance Program (SNAP) benefit theft via electronic benefit transfer (EBT) card skimming, cloning, and similar methods—the requirements for the Secretary of Agriculture to (1) issue guidance on security measures and (2) promulgate regulations requiring state agencies to implement those measures. The section redesignates former paragraphs (a)(3) through (a)(5) as paragraphs (a)(1) through (a)(3), respectively, retaining the requirements to (1) promulgate by December 1, 2023, regulations (including an interim final rule) for state procedures to replace stolen benefits; (2) coordinate with specified entities, including state agencies and EBT contractors, to assess theft methods, establish prevention measures (e.g., retail equipment enhancements), and standardize state reporting to the Secretary; and (3) submit by December 1, 2024, a report to the agriculture committees of Congress on theft frequency and locations, coordination outcomes, state plan comparisons, and prevention recommendations. The section also makes conforming amendments to subsection (b) on benefit replacement by removing cross-references to the struck provisions.