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SEC. 4209. CODIFICATION OF ACCESS RULES.
Section 11(e)(1)) of the Food and Nutrition Act of
2007 (7 U.S.C. 2020(e)(1)) is amended—
(1) by striking ‘‘shall (A) at’’ and inserting
‘‘shall—
‘‘(A) at’’; and
(2) by striking ‘‘and (B) use’’ and inserting
‘‘and
‘‘(B) comply with regulations of the Sec-
retary requiring the use of’’.
SEC. 4210. EXPANDING THE USE OF EBT CARDS AT FARM-
ERS’ MARKETS.
(a) IN GENERAL.—For each of fiscal years 2008
through 2010, the Secretary shall make grants to pay 100
percent of the costs of eligible entities approved by the Sec-
retary to carry out projects to expand the number of farm-
ers’ markets that accept EBT cards by—
(1) providing equipment and training necessary
for farmers’ markets to accept EBT cards;
(2) educating and providing technical assistance
to farmers and farmers’ market operators about the
process and benefits of accepting EBT cards; or
(3) other activities considered to be appropriate
by the Secretary.
(b) LIMITATION.—A grant under this section—
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(1) may not be made for the ongoing cost of car-
rying out any project; and
(2) shall only be provided to eligible entities that
demonstrate a plan to continue to provide EBT card
access at 1 or more farmers’ markets following the re-
ceipt of the grant.
(c) ELIGIBLE ENTITIES.—To be eligible to receive a
grant under this section, an entity shall be—
(1) a State agency administering the food and
nutrition program established under the Food and
Nutrition Act of 2007 (7 U.S.C. 2011 et seq.);
(2) a State agency or local government; or
(3) a private nonprofit entity that coordinates
farmers’ markets in a State in cooperation with a
State or local government.
(d) 
SELECTION
OF
ELIGIBLE
ENTITIES.—The
Secretary—
(1) shall develop criteria to select eligible entities
to receive grants under this section; and
(2) may give preference to any eligible entity
that consists of a partnership between a government
entity and a nongovernmental entity.
(e) MANDATORY FUNDING.—
(1) IN GENERAL.—On October 1, 2007, out of
any funds in the Treasury not otherwise appro-
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priated, the Secretary of the Treasury shall transfer
to the Secretary of Agriculture to carry out this sec-
tion $5,000,000, to remain available until expended.
(2) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this section the funds transferred under
paragraph (1), without further appropriation.
SEC. 4211. REVIEW OF MAJOR CHANGES IN PROGRAM DE-
SIGN.
Section 11 of the Food and Nutrition Act of 2007 (7
U.S.C. 2020) is amended by striking subsection (a) and in-
serting the following:
‘‘(a) STATE RESPONSIBILITY.—
‘‘(1) IN GENERAL.—The State agency of each
participating State shall have responsibility for certi-
fying applicant households and issuing EBT cards.
‘‘(2) LOCAL
ADMINISTRATION.—The responsi-
bility of the agency of the State government shall not
be affected by whether the program is operated on a
State-administered or county-administered basis, as
provided under section 3(t)(1).
‘‘(3) RECORDS.—
‘‘(A) IN
GENERAL.—Each State agency
shall keep such records as may be necessary to
determine whether the program is being con-
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ducted in compliance with this Act (including
regulations issued under this Act).
‘‘(B) INSPECTION AND AUDIT.—Records de-
scribed in subparagraph (A) shall—
‘‘(i) be available for inspection and
audit at any reasonable time;
‘‘(ii) subject to subsection (e)(8), be
available for review in any action filed by
a household to enforce any provision of this
Act (including regulations issued under this
Act); and
‘‘(iii) be preserved for such period of
not less than 3 years as may be specified in
regulations.
‘‘(4) REVIEW OF MAJOR CHANGES IN PROGRAM
DESIGN.—
‘‘(A) IN GENERAL.—The Secretary shall de-
velop standards for identifying major changes in
the operations of a State agency, including—
‘‘(i) large or substantially-increased
numbers of low-income households that do
not live in reasonable proximity to an office
performing the major functions described in
subsection (e);
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‘‘(ii) substantial increases in reliance
on automated systems for the performance
of responsibilities previously performed by
personnel described in subsection (e)(6)(B);
‘‘(iii) changes that potentially increase
the difficulty of reporting information
under subsection (e) or section 6(c); and
‘‘(iv) changes that may disproportion-
ately increase the burdens on any of the
types of households described in subsection
(e)(2)(A).
‘‘(B) NOTIFICATION.—If a State agency im-
plements a major change in operations, the State
agency shall—
‘‘(i) notify the Secretary; and
‘‘(ii) collect such information as the
Secretary shall require to identify and cor-
rect any adverse effects on program integ-
rity or access, including access by any of
the types of households described in sub-
section (e)(2)(A).’’.