Page:United States Statutes at Large Volume 124.djvu/3282

 124 STAT. 3256 PUBLIC LAW 111–296—DEC. 13, 2010 ‘‘(I) There are unusual technological barriers to implementation. ‘‘(II) Operational costs are not affordable within the nutrition services and administration grant of the State agency. ‘‘(III) It is in the best interest of the program to grant the exemption. ‘‘(ii) SPECIFIC DATE.—A State agency requesting an exemption under clause (i) shall specify a date by which the State agency anticipates statewide implementation described in subparagraph (B)(i). ‘‘(D) REPORTING.— ‘‘(i) IN GENERAL.—Each State agency shall submit to the Secretary electronic benefit transfer project status reports to demonstrate the progress of the State toward statewide implementation. ‘‘(ii) CONSULTATION.—If a State agency plans to incorporate additional programs in the electronic ben- efit transfer system of the State, the State agency shall consult with the State agency officials responsible for administering the programs prior to submitting the planning documents to the Secretary for approval. ‘‘(iii) REQUIREMENTS.—At a minimum, a status report submitted under clause (i) shall contain— ‘‘(I) an annual outline of the electronic benefit transfer implementation goals and objectives of the State; ‘‘(II) appropriate updates in accordance with approval requirements for active electronic benefit transfer State agencies; and ‘‘(III) such other information as the Secretary may require. ‘‘(E) IMPOSITION OF COSTS ON VENDORS.— ‘‘(i) COST PROHIBITION.—Except as otherwise pro- vided in this paragraph, the Secretary may not impose, or allow a State agency to impose, the costs of any equipment or system required for electronic benefit transfers on any authorized vendor in order to transact electronic benefit transfers if the vendor equipment or system is used solely to support the program. ‘‘(ii) COST-SHARING.—The Secretary shall establish criteria for cost-sharing by State agencies and vendors of costs associated with any equipment or system that is not solely dedicated to transacting electronic benefit transfers for the program. ‘‘(iii) FEES.— ‘‘(I) IN GENERAL.—A vendor that elects to accept electronic benefit transfers using multi- function equipment shall pay commercial trans- action processing costs and fees imposed by a third- party processor that the vendor elects to use to connect to the electronic benefit transfer system of the State. ‘‘(II) INTERCHANGE FEES.—No interchange fees shall apply to electronic benefit transfer trans- actions under this paragraph.