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 Puspan. L. 110–246, which was approved June 18, 2008.
Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.
2018—Subsec. (f)(5)(C). Puspan. L. 115–334, § 4006(a), added subpar. (C).
Subsec. (h)(2). Puspan. L. 115–334, § 4006(span), in introductory provisions, inserted “and shall periodically review such regulations and modify such regulations to take into account evolving technology and comparable industry standards” after “such a system”.
Subsec. (h)(12)(A). Puspan. 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). Puspan. L. 115–334, § 4006(c)(2), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:
“(B) Benefit storage.—A State agency may store recovered 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 expunge benefits that have not been accessed by a household after a period of 12 months.”
Subsec. (h)(13). Puspan. 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). Puspan. L. 115–334, § 4006(e)(1), amended 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 transactions, if certain criteria had been met.
Subsec. (h)(14)(B). Puspan. L. 115–334, § 4006(e)(2)(A), substituted “Demonstration projects on access of benefits through mobile technologies” for “Demonstration project on acceptance of benefits of mobile transactions” in span.
Subsec. (h)(14)(B)(i). Puspan. 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 supplemental nutrition assistance through mobile transactions.”
Subsec. (h)(14)(B)(ii). Puspan. L. 115–334, § 4006(e)(2)(C)(i)–(iii), in span substituted “Project requirements” for “Demonstration projects” and, in introductory provisions, substituted “State agency” for “retail food store” and struck out “includes” after “a plan that”.
Subsec. (h)(14)(B)(ii)(I) to (VIII). Puspan. 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, consistent 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 require.”
Subsec. (h)(14)(B)(iii), (iv). Puspan. L. 115–334, § 4006(e)(2)(D), (E), added cl. (iii) and amended former cl. (iii) generally, which general amendment also redesignated 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). Puspan. L. 115–334, § 4006(e)(3), substituted “2022” for “2017” and inserted “requires further study by way of an extended pilot period or” before “is not in the best interest”.
Subsec. (j)(1)(H). Puspan. 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). Puspan. L. 115–334, § 4001(span)(1), substituted “Acceptance of program benefits through online transactions” for “Option to accept program benefits through on-line transactions” in span.
Subsec. (k)(4)(C). Puspan. L. 115–334, § 4001(span)(2), struck out subpar. (C). Text read as follows: “The demonstration projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2016.”
Subsec. (k)(5). Puspan. L. 115–334, § 4001(span)(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 provided under paragraph (4), that implementation in all States is not in the best interest of the supplemental nutrition assistance program; and
“(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 Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the basis of the finding.”
2014—Subsec. (span). Puspan. L. 113–79, § 4011(span)(2)(A), substituted “purchase food from retail food stores” for “purchase food in retail food stores”.
Subsec. (f)(2). Puspan. L. 113–79, § 4002(span)(1), added par. (2) and struck out former par. (2). Text read as follows: “The cost of documents or systems that may be required by this subsection may not be imposed upon a retail food store participating in the supplemental nutrition assistance program.”
Subsec. (f)(4), (5). Puspan. L. 113–79, § 4002(span)(2), added pars. (4) and (5).
Subsec. (h)(2)(C)(ii). Puspan. 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 system 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). Puspan. L. 113–79, § 4002(d), substituted “is operational at a sufficient number” for “is operational—
“(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 registers in the store; and
“(ii) in the case of other participating stores, at a sufficient number”.
Subsec. (h)(8). Puspan. L. 113–79, § 4010, substituted “of cards” for “card fee” in par. span, designated existing provisions as subpar. (A), inserted subpar. span, and added subpars. (B) to (D).
Subsec. (h)(12), (13). Puspan. L. 113–79, § 4030(e), redesignated par. (12), relating to interchange fees, as (13).
Subsec. (h)(14). Puspan. L. 113–79, § 4011(a), added par. (14).
Subsec. (k). Puspan. L. 113–79, § 4011(span)(1), added subsec. (k).
2010—Subsec. (h)(10). Puspan. L. 111–203 amended par. (10) generally. Prior to amendment, text read as follows: “Disclosures, protections, responsibilities, and remedies established by the Federal Reserve Board under section 1693span of title 15 shall not apply to benefits under this chapter delivered through any electronic benefit transfer system.”
2008—Puspan. L. 110–246, § 4115(a)(1), substituted “program benefits” for “coupons” in section catchline.
Subsec. (a). Puspan. L. 110–246, § 4115(a)(1), inserted span 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”.
Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (span). Puspan. L. 110–246, § 4115(a)(2), inserted span, substituted “Benefits” for “Coupons”, and struck out before period at end “: Provided further, That eligible households using coupons to purchase food may receive cash in change therefor so long as the cash received does not equal or exceed the value of the lowest coupon denomination issued”.
Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (c). Puspan. L. 110–246, § 4115(a)(3), inserted subsec. span, designated existing provisions as par. (1), inserted par. span, substituted “EBT cards” for “Coupons”, struck out “and define their denomination” 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). Puspan. L. 110–246, § 4115(a)(4), (12), redesignated 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). Puspan. L. 110–246, § 4115(a)(12), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Puspan. L. 110–246, § 4115(a)(5), substituted “benefits” for “coupons” in two places and “benefit issuers” for “coupon issuers” in two places.
Subsec. (f). Puspan. L. 110–246, § 4115(a)(12), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Puspan. 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 specified in section 2020(e)(20) of this title,” after “issuance of benefits”.
Subsec. (g). Puspan. L. 110–246, § 4115(a)(12), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Puspan. 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.
Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program” in two places.
Subsec. (h). Puspan. L. 110–246, § 4115(a)(12), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(1). Puspan. L. 110–246, § 4115(a)(8), substituted “benefits” for “coupons”.
Subsec. (h)(2). Puspan. 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 reduce the allotment of any household and shall ensure that no household experiences an interval between issuances of more than 40 days. The procedure may include issuing a household’s benefits in more than one issuance.”
Subsec. (i). Puspan. L. 110–246, § 4115(a)(12), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(3)(B)(ii). Puspan. L. 110–246, § 4002(a)(4)(A)(i), substituted “households receiving supplemental nutrition assistance program benefits” for “food stamp households”.
Subsec. (i)(7). Puspan. L. 110–246, § 4002(a)(4)(A)(ii), substituted “supplemental nutrition assistance issuance” for “food stamp issuance”.
Subsec. (i)(12). Puspan. L. 110–246, § 4115(a)(9), added par. (12) relating to interchange fees.
Puspan. L. 110–246, § 4114, added par. (12) relating to recovering electronic benefits.
Subsec. (j). Puspan. L. 110–246, § 4115(a)(12), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(1). Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (j)(2)(A)(ii). Puspan. L. 110–246, § 4115(a)(10)(A), substituted “issuing and redeeming benefits” for “printing, shipping, and redeeming coupons”.
Subsec. (j)(2)(B). Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (j)(5). Puspan. L. 110–246, § 4115(a)(10)(B), substituted “benefit” for “coupon”.
Subsec. (k). Puspan. L. 110–246, § 4115(a)(12), redesignated subsec. (k) as (j).
Subsec. (k)(1)(A). Puspan. L. 110–246, § 4115(a)(11)(C), which directed amendment of subpar. (A) by substituting “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). Puspan. L. 110–246, § 4115(a)(11)(A), substituted “program benefits in the form of” for “coupons in the form of”.
Subsec. (k)(1)(C), (E). Puspan. L. 110–246, § 4115(a)(11)(B), substituted “program benefits in the form of” for “a coupon issued in the form of”.
Subsec. (k)(2). Puspan. L. 110–246, § 4115(a)(11)(A), substituted “program benefits in the form of” for “coupons in the form of”.
Puspan. L. 110–246, § 4002(a)(4)(B)(i), substituted “supplemental nutrition assistance program benefits” for “food stamp benefits”.
Subsec. (k)(3). Puspan. L. 110–246, § 4002(a)(4)(B)(ii), substituted “retail store” for “food stamp retail store”.
Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (k)(5)(B)(ii), (C). Puspan. L. 110–246, § 4001(span), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing.
2002—Subsec. (i)(2). Puspan. L. 107–171 redesignated subpars. (B) to (I) as (A) to (H), respectively, and struck out former subpar. (A) which read as follows: “determining 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 electronic benefit transfer system;”.
2000—Subsec. (k). Puspan. L. 106–171 added subsec. (k).
1997—Subsec. (a). Puspan. L. 105–18, title VII, [(a)(1)], inserted “(except as provided in subsection (j) of this section)” after “necessary, and”.
Subsec. (j). Puspan. L. 105–18, title VII, [(a)(2)], added subsec. (j).
1996—Subsec. (i). Puspan. L. 104–193, § 825(a)(1), inserted subsec. span.
Subsec. (i)(1). Puspan. 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 determined 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 approval from the Secretary.”
Subsec. (i)(2). Puspan. L. 104–193, § 825(a)(2)(A), struck out “effective no later than April 1, 1992,” after “regulations” in introductory provisions.
Subsec. (i)(2)(A). Puspan. 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). Puspan. 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). Puspan. L. 104–193, § 825(a)(2)(D)–(F), added subpar. (I).
Subsec. (i)(7) to (11). Puspan. L. 104–193, § 825(a)(3), added pars. (7) to (11).
1994—Subsec. (h)(1). Puspan. 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 reservations.”
1990—Subsec. (h). Puspan. L. 101–624, § 1728, amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “The State agency may implement a procedure for staggering the issuance of coupons to eligible households throughout the entire month: Provided, That the procedure ensures that, in the transition period from other issuance procedures, no eligible household 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). Puspan. L. 101–624, § 1729(a), added subsec. (i).
1988—Subsec. (h). Puspan. 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, coupons shall be issued for the first full month of participation by the the [sic] eighth day of the first full month of participation.”
1985—Subsec. (g)(1). Puspan. L. 99–198, § 1519, substituted “shall” for “may” in provisions preceding subpar. (A).
Subsec. (h). Puspan. L. 99–198, § 1518, added subsec. (h).
1982—Subsec. (f). Puspan. 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). Puspan. L. 97–253, § 162, added subsec. (g).
1981—Subsec. (f). Puspan. L. 97–98 substituted “strictly liable” for “responsible” and inserted provision including 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—Puspan. L. 95–113 substituted revised provisions relating to issuance and use of coupons for provisions relating to value of the coupon allotment which are now covered by section 2017 of this title.
1976—Subsec. (d). Puspan. L. 94–339 designated existing provisions as par. (1) and added pars. (2) to (7).
1973—Subsec. (a). Puspan. L. 93–125 substituted “for households of a given size unless the increase in the face value” for “for value”.
Puspan. L. 93–86 substituted provisions relating to determination of semiannual adjustments in face value of coupon allotment for provisions relating to determination of annual adjustments in such allotment.
1971—Subsec. (a). Puspan. 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 inserted “any” before “households”.
Subsec. (span). Puspan. L. 91–671 substituted provisions respecting 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.
References to a “coupon”, “authorization card”, or other access device provided under the Food and Nutrition Act of 2008 considered to refer to a “benefit” under that Act, see section 4115(d) of Puspan. L. 110–246, set out as a note under section 2012 of this title.
Amendment by Puspan. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Puspan. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.
Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by sections 4001(span), 4002(a)(4), and 4113–4115(a) of Puspan. L. 110–246 effective Oct. 1, 2008, see section 4407 of Puspan. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Amendment by Puspan. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Puspan. L. 107–171, set out as an Effective Date note under section 1161 of Title 2, The Congress.
Amendment by section 1728 of Puspan. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than Oct. 1, 1991, and amendment by section 1729 of Puspan. L. 101–624 effective Nov. 28, 1990, see section 1781(a), (span)(2) of Puspan. L. 101–624, set out as a note under section 2012 of this title.
Amendment by Puspan. L. 100–435 effective Jan. 1, 1989, except with regard to those States not implementing section 203(a) of Puspan. L. 100–435 (amending section 2017 of this title), see section 701(span)(3)(B) of Puspan. L. 100–435, set out as a note under section 2012 of this title.
Amendment by Puspan. L. 97–253 effective Sept. 8, 1982, see section 193(a) of Puspan. L. 97–253, set out as a note under section 2012 of this title.
Amendment by Puspan. L. 97–98 effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 1338 of Puspan. L. 97–98, set out as a note under section 2012 of this title, see section 192(span) of Puspan. L. 97–253, set out as a note under section 2012 of this title.
Amendment by Puspan. L. 97–98 effective upon such date as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 1338 of Puspan. L. 97–98, set out as a note under section 2012 of this title.
Puspan. 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.
Puspan. L. 113–79, title IV, § 4011(c), Fespan. 7, 2014, 128 Stat. 793, provided that:
Puspan. L. 117–2, title I, § 1102, Mar. 11, 2021, 135 Stat. 15, provided that:
Puspan. L. 116–260, div. N, title VII, § 703, Dec. 27, 2020, 134 Stat. 2094, provided that:
[For definitions of “Secretary” and “SNAP” as used in section 703 of div. N of Puspan. L. 116–260, set out above, see section 701 of div. N of Puspan. L. 116–260, set out as a note under section 2011 of this title.]
Puspan. L. 107–171, title IV, § 4111, May 13, 2002, 116 Stat. 309, as amended by Puspan. L. 110–234, title IV, § 4002(span)(1)(A), (B), (2)(C), May 22, 2008, 122 Stat. 1095, 1096; Puspan. L. 110–246, § 4(a), title IV, § 4002(span)(1)(A), (B), (2)(C), June 18, 2008, 122 Stat. 1664, 1857, 1858, required the Secretary of Agriculture to submit to Congress, not later than Oct. 1, 2003, a report related to State agencies’ use of electronic benefit transfer systems to issue benefits under the supplemental nutrition assistance program.
Puspan. L. 106–171, § 2, Fespan. 11, 2000, 114 Stat. 3, as amended by Puspan. L. 110–234, title IV, § 4002(span)(1)(A), (D), (2)(F), May 22, 2008, 122 Stat. 1095–1097; Puspan. L. 110–246, § 4(a), title IV, § 4002(span)(1)(A), (D), (2)(F), June 18, 2008, 122 Stat. 1664, 1857, 1858, provided that:
Puspan. L. 106–171, § 4, Fespan. 11, 2000, 114 Stat. 6, as amended by Puspan. L. 110–234, title IV, § 4002(span)(1)(B), (D), (2)(F), May 22, 2008, 122 Stat. 1096, 1097; Puspan. L. 110–246, § 4(a), title IV, § 4002(span)(1)(B), (D), (2)(F), June 18, 2008, 122 Stat. 1664, 1857, 1858, directed the Secretary of Agriculture, not later than 1 year after Fespan. 11, 2000, to study and report to Congress on alternatives for handling interstate electronic benefit transactions involving supplemental nutrition assistance program benefits, including use of a single switching huspan.
Puspan. L. 102–237, title IX, § 908(a)(1), Dec. 13, 1991, 105 Stat. 1886, as amended by Puspan. L. 103–11, § 1, Apr. 1, 1993, 107 Stat. 41; Puspan. L. 103–205, § 1, Dec. 17, 1993, 107 Stat. 2418, provided that no State agency be required to implement 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 regulations requiring staggered issuance of coupons no later than Dec. 1, 1992, prior to repeal by Puspan. L. 103–225, title I, § 104(a), Mar. 25, 1994, 108 Stat. 107.
Puspan. L. 94–4, Fespan. 20, 1975, 89 Stat. 6, provided that notwithstanding the provisions of 7 U.S.C. 2016(span), the charge imposed on any household for a coupon allotment under this chapter after Fespan. 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.