Overview
Title
To require State agencies to inform recipients of supplemental nutrition assistance program benefits, participants in the WIC program, and recipients of assistance under the TANF program of card skimming, card cloning, and similar fraudulent methods of stealing such benefits or assistance; and for other purposes.
ELI5 AI
H.R. 9370 wants to help people who get food and family help benefits by teaching them about tricks bad people use to steal their card money, and by making the cards safer.
Summary AI
H.R. 9370 aims to protect people who receive benefits from programs like the Supplemental Nutrition Assistance Program (SNAP), Women, Infants, and Children (WIC), and Temporary Assistance for Needy Families (TANF) from fraud. It requires state agencies to inform these recipients about risks like card skimming and cloning, how they can safeguard themselves, and how they can report stolen benefits. The bill also mandates that the Secretary of Agriculture establish cybersecurity rules to improve security for EBT cards and payments, including transitioning to more secure card technology.
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AnalysisAI
Summary of the Bill
The proposed legislation, H.R. 9370, seeks to enhance the security of federal assistance programs by requiring state agencies to inform beneficiaries about the risks associated with fraudulent practices such as card skimming and cloning. This bill specifically targets individuals benefitting from the Supplemental Nutrition Assistance Program (SNAP), the Women, Infants, and Children (WIC) program, and the Temporary Assistance for Needy Families (TANF) program. Additionally, the bill mandates the Secretary of Agriculture to establish cybersecurity rules to ensure that electronic benefit transfer (EBT) cards and mobile payments are as secure as those used in the private sector and by federal agencies. Within five years, states must transition from magnetic strip EBT cards to chip-enabled ones, which are generally considered more secure.
Significant Issues
Several issues arise from the language and requirements of this bill. For instance, in Section 2, there is a lack of specificity on how state agencies should disseminate information regarding card security to WIC participants. This could potentially lead to inconsistent communication efforts and confusion among beneficiaries.
Section 3, which addresses TANF recipients, does not clearly designate which entities are responsible for providing anti-fraud information, which could create enforcement ambiguities. Moreover, there is an absence of penalties or enforcement mechanisms for states that fail to comply with the bill's requirements, particularly regarding cybersecurity guidelines and the transition to chip-enabled cards in Section 4, which might weaken the bill’s effectiveness.
Lastly, the financial implications of mandating new cybersecurity measures, particularly the shift to chip-enabled EBT cards, are not outlined. This could impose significant costs on state agencies without a clear indication of funding support, potentially sparking contentious debates.
Impact on the Public
The general public, particularly those directly benefitting from SNAP, WIC, and TANF, could see increased protection against financial fraud if this bill becomes law. By enhancing awareness of card skimming and cloning, beneficiaries may be better equipped to protect their benefits and report fraudulent activity. However, the effectiveness of these protective measures heavily depends on how well the state agencies communicate the required information and their ability to adapt to evolving fraudulent tactics.
Impact on Stakeholders
For beneficiaries, this bill promises increased safety of their financial assistance, potentially leading to more confidence in using these programs. However, if state agencies fail to disseminate information effectively or keep it updated, the intended benefits might not fully materialize.
State agencies are likely to face significant new responsibilities under this bill. They must implement effective communication strategies and transition outdated payment systems to comply with cybersecurity standards. Without additional funding or resources, this could strain their operations.
For government regulators, like the Secretary of Agriculture, the bill provides an opportunity to set national standards for the security of electronic benefit systems, aligning them with modern technological safeguards. Yet, these regulators need to ensure state compliance without overstepping governmental bounds or creating unfunded mandates.
Overall, while the bill aims to enhance security and protect beneficiaries from fraud, the lack of detailed guidance and support for implementation poses challenges that need addressing to ensure its success.
Issues
The transition to chip-enabled EBT cards within a timeline of not more than 5 years, as mentioned in Section 4, may impose significant financial burdens on state agencies without detailing estimated costs, funding sources, or potential financial assistance, which could be politically and financially contentious.
Section 3 does not specify which entity or entities are responsible for providing information about card skimming and cloning to TANF recipients, which could lead to ambiguity in enforcement and accountability issues for state agencies.
The legislation, particularly in Sections 2 and 3, does not address how information regarding card skimming and cloning will be kept up to date or disseminated effectively, raising concerns about the effectiveness of information provided to recipients of programs like WIC and TANF.
The absence of specified penalties or enforcement mechanisms for states that fail to comply with directives in Sections 3 and 4 might weaken the effectiveness of the bill, leading to potential legal and political challenges.
Section 2 lacks clarity on the content and method of disseminating information on card skimming and cloning to WIC participants, which can impact the effectiveness of the communication and lead to confusion among recipients.
The lack of a clear process to evaluate or measure the effectiveness of information dissemination strategies in Section 1 and Section 2 could lead to issues in assessing the real-world impact of this legislation.
There is no mention of budget or resources allocated specifically for the implementation of the information dissemination efforts in Sections 2 and 3, which might lead to uncertainty about funding and implementation challenges for state agencies.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Card skimming and cloning Information for SNAP recipients Read Opens in new tab
Summary AI
State agencies that manage the Supplemental Nutrition Assistance Program (SNAP) must inform recipients about the dangers of card skimming and cloning, teach them preventive measures, and explain how to report and replace stolen benefits using federal or state funds.
2. Card skimming and cloning information for WIC participants Read Opens in new tab
Summary AI
State agencies must inform participants in the WIC program about card skimming and cloning. This effort targets women, infants, and children who receive nutrition assistance under the Child Nutrition Act.
3. Card skimming and cloning information for TANF recipients Read Opens in new tab
Summary AI
State agencies administering assistance programs must inform recipients about card skimming and cloning to protect against theft of benefits, with this requirement taking effect one year after the law is enacted.
4. Issuance of cybersecurity and digital service rules Read Opens in new tab
Summary AI
The Secretary of Agriculture is required to create rules for cybersecurity and digital services used by State agencies for administering EBT cards and mobile payments within one year of the act's enactment. These rules need to match private sector and federal standards for payment card security and must include a five-year plan for states to switch to more secure, chip-enabled EBT cards.