Section 1 Short title
This Act may be cited as the “Ensuring Fee-Free Benefit Transactions Act of 2023”.
Ensuring Fee-Free Benefit Transactions Act of 2023
A BILL
To amend the Food and Nutrition Act of 2008 to make permanent the moratorium on benefit transaction fees, and for other purposes.
Sec. 2 Fee-free benefit transactions
in subsection (d), by striking the period at the end and inserting “, including completeness of fraud protection and fraud prevention tools and coverage of infrastructure costs.”;
in subsection (f)(5)(B)(ii)—
by striking “shall consider” and inserting the following:
“(I) consider”
in subclause (I) (as so designated), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(II) require State agencies to review existing technology and contract requirements during each contracting period to ensure that EBT technology reflects commercial standards to ensure security of benefits.”
in subsection (h)(13), by striking subparagraph (B) and inserting the following:
“(B) Other fees—No State, or any agent, contractor, or subcontractor of a State who facilitates the provision of supplemental nutrition assistance program benefits in that State, may impose a fee for—
“(i) switching (as defined in subsection (j)(1)) or routing those benefits;
“(ii) costs to implement subsections (d) and (f)(5)(B); or
“(iii) other costs associated with updating the EBT processing infrastructure.”
Rule of construction— Nothing in the amendments made by subsection (a) shall modify or affect the provisions of title IV of division HH of the Consolidation Appropriations Act, 2023 (Public Law 117–328), or any agency action taken pursuant to those provisions.
Sec. 3 Effective date
This Act and the amendments made by this Act shall take effect on October 1, 2023.