[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1593 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1593

To amend the Food and Nutrition Act of 2008 to require State electronic 
benefit transfer contracts to treat wireless program retail food stores 
        in the same manner as wired program retail food stores.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2011

Mrs. Gillibrand introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Food and Nutrition Act of 2008 to require State electronic 
benefit transfer contracts to treat wireless program retail food stores 
        in the same manner as wired program retail food stores.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELECTRONIC BENEFIT TRANSFERS.

    (a) In General.--Section 7(h) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2016(h)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (A) through (D) 
                as subparagraphs (B) through (E), respectively;
                    (B) by inserting before subparagraph (B) (as so 
                redesignated) the following:
                    ``(A) Definitions.--In this subsection:
                            ``(i) Community-supported agriculture 
                        program.--The term `community-supported 
                        agriculture program' or `CSA' means a farm 
                        business or a group of agricultural producers 
                        that form a partnership with consumers through 
                        which consumers buy a subscription for farm 
                        products in advance and the farm business or 
                        group of agricultural producers commits to 
                        supplying and delivering the products to a 
                        common distribution point or directly to the 
                        consumers.
                            ``(ii) Farmers market.--The term `farmers 
                        market' means a regularly scheduled assembly of 
                        2 or more agricultural producers for the direct 
                        sale of locally grown fresh fruits and 
                        vegetables and other staple foods to consumers.
                            ``(iii) Farm stand; roadside stand.--
                                    ``(I) In general.--The terms `farm 
                                stand' and `roadside stand' mean a 
                                retail outlet for the direct sale of 
                                locally grown fresh fruits and 
                                vegetables and other staple foods in 
                                rural or urban areas.
                                    ``(II) Inclusion.--The terms `farm 
                                stand' and `roadside stand' may include 
                                a single stall in a farmers market.
                            ``(iv) Green cart.--The term `green cart' 
                        means a mobile retail food vendor who sells 
                        fresh fruits and vegetables on a regular basis 
                        from an unmotorized cart.
                            ``(v) Route vendor.--
                                    ``(I) In general.--The term `route 
                                vendor' means a mobile retail food 
                                vendor who sells unprepared food from a 
                                vehicle directly to consumers along a 
                                scheduled route or by arranged 
                                delivery.
                                    ``(II) Inclusion.--The term `route 
                                vendor' includes vendors who provide 
                                food services in disaster or other 
                                emergency situations.
                            ``(vi) Wireless retailer.--The term 
                        `wireless retailer' includes--
                                    ``(I) a farmers market;
                                    ``(II) a farm stand;
                                    ``(III) a green cart;
                                    ``(IV) a route vendor;
                                    ``(V) an entity operating a 
                                community-supported agriculture 
                                program; and
                                    ``(VI) an individual farmer 
                                affiliated with an entity described in 
                                subclauses (I) through (V).'';
                    (C) in subparagraph (C) (as so redesignated) by 
                striking ``subparagraph (A)'' and inserting 
                ``subparagraph (B)'';
                    (D) in clause (i) of subparagraph (E) (as so 
                redesignated), by inserting ``, including wireless 
                technology'' before the semicolon at the end; and
                    (E) by adding at the end the following:
                    ``(F) State flexibility for wireless ebt systems.--
                Subject to paragraph (2), a State agency may--
                            ``(i) procure and implement any wireless 
                        electronic benefit transfer system that the 
                        State agency considers to be appropriate and 
                        that meets all industry security standards; and
                            ``(ii) use appropriate wireless technology 
                        available to the State agency in implementing 
                        the wireless electronic benefit transfer 
                        system, including smart phone technology and 
                        other technologies, so long as the technologies 
                        meet all industry security standards.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) in subparagraph (H), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(I) a requirement that, for purposes of program 
                participation, State agencies and the Food and 
                Nutrition Service treat wireless retailers in the same 
                manner as retail food stores that use wired electronic 
                benefit transfer equipment by providing the retail food 
                stores with wireless electronic benefit transfer 
                equipment that ensures immediate benefit account 
                verification;
                    ``(J) a system for wireless retail food stores to 
                receive funds in an amount not exceeding the cost of a 
                wireless point-of-sale terminal if alternative wireless 
                technology is used; and
                    ``(K) the potential for entering into a contract or 
                memoranda of understanding with a statewide nonprofit 
                organization, such as a statewide farmers market 
                association, to assist the State agency by providing 
                outreach, training, and administration in wireless 
                electronic benefit transfer equipment deployment at 
                multiple-vendor farmers markets, particularly in cases 
                in which scrip (such as farmers market tokens) is used 
                to simplify program participation by agricultural 
                producers and vendors.'';
            (3) in paragraph (3)(B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) in the case of wireless retailers, 
                        wireless electronic benefit and wireless EBT 
                        connection services are available.'';
            (4) in paragraph (5), by inserting before the period at the 
        end ``, including wireless electronic benefit systems that 
        enable all wireless retailers to provide for improved access to 
        nutritious foods in areas lacking such access, and in disaster-
        recovery situations'';
            (5) by redesignating the second paragraph (12) (relating to 
        interchange fees) as paragraph (13); and
            (6) by adding at the end the following:
            ``(14) Non-ebt transactions.--Wireless EBT equipment 
        provided to an authorized retailer may be used for non-EBT 
        transactions (such as credit and debit card transactions) only 
        if the retailer bears all costs associated with those non-EBT 
        transactions.''.
    (b) Conforming Amendments.--Section 16(a) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2025(a)) is amended--
            (1) in paragraph (2), by inserting ``, including wireless 
        access fees'' after ``the State'';
            (2) in paragraph (7), by striking ``and'' at the end; and
            (3) by striking ``: Provided, That the'' and inserting ``, 
        and (9) outreach and training for farmers markets and other 
        vendors defined in section 7(h)(1)(A) in wireless electronic 
        benefit transfer equipment deployment and operations, 
        particularly in cases in which scrip (such as farmers market 
        tokens) is used to facilitate and simplify program 
        participation by agricultural producers and vendors. The''.
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