Legal Authority

122 STAT. 1110

7 USC 2012 note.

PUBLIC LAW 110–234—MAY 22, 2008

(i) by striking ‘‘section 3(h)’’ each place it appears
and inserting ‘‘section 3(l)’’; and
(ii) in subsection (e)(2), by striking ‘‘section 3(m)’’
and inserting ‘‘section 3(s)’’.
(D) Section 402(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)) is amended—
(i) in paragraph (2)(F)(ii), by striking ‘‘section 3(r)’’
and inserting ‘‘section 3(j)’’; and
(ii) in paragraph (3)(B), by striking ‘‘section 3(h)’’
and inserting ‘‘section 3(l)’’.
(E) Section 3803(c)(2)(C)(vii) of title 31, United States
Code, is amended by striking ‘‘section 3(h)’’ and inserting
‘‘section 3(l)’’.
(F) Section 303(d)(4) of the Social Security Act (42
U.S.C. 503(d)(4)) is amended by striking ‘‘section 3(n)(1)’’
and inserting ‘‘section 3(t)(1)’’.
(G) Section 404 of the Social Security Act (42 U.S.C.
604) is amended by striking ‘‘section 3(h)’’ each place it
appears and inserting ‘‘section 3(l)’’.
(H) Section 531 of the Social Security Act (42 U.S.C.
654) is amended by striking ‘‘section 3(h)’’ each place it
appears and inserting ‘‘section 3(l)’’.
(I) Section 802(d)(2)(A)(i)(II) of the Cranston-Gonzalez
National
Affordable
Housing
Act
(42
U.S.C.
8011(d)(2)(A)(i)(II)) is amended by striking ‘‘(as defined in
section 3(e) of such Act)’’.
(d) REFERENCES.—Any reference in any Federal, State, tribal,
or local law (including regulations) to a ‘‘coupon’’, ‘‘authorization
card’’, or other access device provided under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) shall be considered to be
a reference to a ‘‘benefit’’ provided under that Act.
SEC. 4116. REVIEW OF MAJOR CHANGES IN PROGRAM DESIGN.

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended by striking the section enumerator and heading
and subsection (a) and inserting the following:

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‘‘SEC. 11. ADMINISTRATION.

‘‘(a) STATE RESPONSIBILITY.—
‘‘(1) IN GENERAL.—The State agency of each participating
State shall have responsibility for certifying applicant households and issuing EBT cards.
‘‘(2) LOCAL ADMINISTRATION.—The responsibility of the
agency of the State government shall not be affected by whether
the program is operated on a State-administered or countyadministered 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 conducted in compliance with this Act
(including regulations issued under this Act).
‘‘(B) INSPECTION AND AUDIT.—Records described 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

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PUBLIC LAW 110–234—MAY 22, 2008

122 STAT. 1111

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 develop 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);
‘‘(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 disproportionately increase
the burdens on any of the types of households described
in subsection (e)(2)(A).
‘‘(B) NOTIFICATION.—If a State agency implements 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 correct any adverse effects on
program integrity or access, including access by any
of the types of households described in subsection
(e)(2)(A).’’.
SEC. 4117. CIVIL RIGHTS COMPLIANCE.

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended by striking subsection (c) and inserting the following:
‘‘(c) CIVIL RIGHTS COMPLIANCE.—
‘‘(1) IN GENERAL.—In the certification of applicant households for the supplemental nutrition assistance program, there
shall be no discrimination by reason of race, sex, religious
creed, national origin, or political affiliation.
‘‘(2) RELATION TO OTHER LAWS.—The administration of the
program by a State agency shall be consistent with the rights
of households under the following laws (including implementing
regulations):
‘‘(A) The Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.).
‘‘(B) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
‘‘(C) The Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
‘‘(D) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).’’.

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SEC. 4118. CODIFICATION OF ACCESS RULES.

Section 11(e)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)(1)) is amended—
(1) by striking ‘‘shall (A) at’’ and inserting ‘‘shall—
‘‘(A) at’’; and

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