What does Preamble of S 3949 do?

This bill proposes to amend the Food and Nutrition Act of 2008. The proposed amendment would require the promulgation of cybersecurity and digital service regulations. These regulations would relate to the use of Electronic Benefit Transfer (EBT) cards. The regulations pertain to the Supplemental Nutrition Assistance Program (SNAP).

What does SHORT TITLE. of S 3949 do?

This bill is formally titled the Enhanced Cybersecurity for SNAP Act of 2026.

What does ENHANCED CYBERSECURITY FOR EBT CARDS. of S 3949 do?

This section amends Section 7(h) of the Food and Nutrition Act of 2008 to address cybersecurity of EBT cards. The Secretary is required to promulgate and review cybersecurity and digital service regulations for EBT cards and mobile technologies every 5 years. States must operate user interfaces that allow households to manage their EBT accounts, and these interfaces must be mobile-friendly and available in multiple languages. The Secretary will maintain a list of required user interfaces, including web-based portals and mobile applications, with an application programming interface. States must provide households with timely electronic notice of transactions and access to historical transaction data. The Secretary will establish a grant program to provide subgrants to eligible entities to upgrade to chip-compatible payment terminals. The Secretary will collect and publish data on EBT card unavailability and cybersecurity measures. The Secretary must submit a public report every 2 years evaluating cybersecurity regulations and identifying trends related to EBT benefit theft.

What does ONLINE TRANSACTION SECURITY. of S 3949 do?

This section amends the Food and Nutrition Act of 2008 to address online transaction security using Electronic Benefit Transfer (EBT) cards. The Secretary is required to promulgate and update regulations to require security measures that detect and prevent theft of benefits through online transactions, including data theft from online merchants. These regulations must also prevent sensitive data theft and ensure secure data management, including cybersecurity enhancements for online retailers. States are required to establish standard reporting methods to collect and share data with the Secretary regarding stolen benefits and data. The Secretary must consult with various entities, including the Administration for Children and Families, the Attorney General, State agencies, retail food stores, and EBT contractors, regarding these measures. The Secretary must submit a report to Congress every two years, starting three years after enactment, detailing the frequency and amount of benefit theft, compromised retailers, and recommendations for prevention. The report may include a confidential annex with identifying merchant information.

What does ENSURING NO LOSS OF ACCESS TO BENEFITS DUE TO EBT CARD DAMAGE, of S 3949 do?

This section amends Section 7(h)(7) of the Food and Nutrition Act of 2008. The amendment requires the Secretary to promulgate regulations within 180 days of the Enhanced Cybersecurity for SNAP Act of 2026's enactment. These regulations mandate that states provide replacement EBT cards to households within 3 business days of a request if the card is damaged, malfunctioning, stolen, or frozen due to fraud. States must offer in-person card collection as an option, but cannot require it.

What does NO REPLACEMENT FEES FOR CERTAIN EBT CARDS. of S 3949 do?

This section amends Section 7(h)(8)(A) of the Food and Nutrition Act of 2008. State agencies are generally prohibited from collecting charges for EBT card replacements. An exception to this prohibition applies beginning 60 days after the enactment of the Enhanced Cybersecurity for SNAP Act of 2026. Under this exception, state agencies may not charge for EBT card replacements if the replacement is due to card malfunction, suspected or reported fraud by someone outside the household, card expiration, or required replacement due to regulations.

What does REQUIREMENT FOR RETAILER USE OF CHIP-ENABLED PAYMENT TERMINALS of S 3949 do?

This section amends Section 9(a) of the Food and Nutrition Act of 2008. The amendment modifies language regarding regulations. It adds a new paragraph (5) concerning chip-enabled payment terminals. Retail food stores and wholesale food concerns seeking authorization or reauthorization to accept SNAP benefits must have chip-enabled payment terminals. This requirement will take effect no later than 180 days after the finalization of regulations promulgated pursuant to section 7(h)(15)(B)(i).

What does REPORT ON EBT CARDS ISSUED IN PUERTO RICO. of S 3949 do?

This section requires the Secretary of Agriculture to submit a report on the security of EBT cards issued in Puerto Rico. The report must be submitted to specified congressional committees and made publicly available on the Department of Agriculture's website within one year of the Act's enactment. The report should assess the resistance of EBT cards to cloning and, if appropriate, provide recommendations to improve system security against cloning-based fraud. The report may include a restricted annex with classified or law enforcement-sensitive information.

What does CONFORMING AMENDMENTS. of S 3949 do?

This section amends Section 501 of division HH of the Consolidated Appropriations Act, 2023 (7 U.S.C. 2016a). Within subsection (a), paragraphs (1) and (2) are struck, and paragraphs (3) through (5) are redesignated as (1) through (3) respectively. Subparagraph (C) is struck within paragraph (3) (as redesignated), and subparagraph (D) is redesignated as (C). In subsection (b), subparagraph (D) is struck in paragraph (1), and paragraph (3) is modified to reference subsection (a)(1). Specific textual changes are made within subparagraphs (A)(vi), (B), and (C) of paragraph (1) of subsection (b), including striking and inserting text, and adding/striking 'and'.

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Enhanced Cybersecurity for SNAP Act of 2026 — S. 3949

Last updated: 2/26/2026 · Introduced: 2/26/2026

Author: Ron Wyden (D-OR)

TL;DR (AI)

This bill requires the Secretary of Agriculture to update cybersecurity and digital service regulations for Electronic Benefit Transfer (EBT) cards and related systems every five years.
States must provide households with user-friendly, mobile-compatible, and multilingual interfaces to manage their EBT accounts, along with timely electronic transaction notices.
The bill establishes a grant program to help retailers upgrade to chip-compatible payment terminals to enhance EBT card security.
States must provide replacement EBT cards within three business days for damaged, malfunctioning, stolen, or fraudulent cards, without charging fees in most circumstances.
Retail food stores accepting SNAP benefits will be required to use chip-enabled payment terminals to improve transaction security.

119th Congressin committeeHR. 7658(In Committee)Official page

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Includes provisions on preamble, short title., and 7 more.

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