II 

116TH CONGRESS 

1ST SESSION S. 677 

To amend the Food and Nutrition Act of 2008 to provide for the participation 

of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands in the supplemental nutrition assistance program, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2019 

Mr. SANDERS (for himself, Mr. MERKLEY, Mr. BLUMENTHAL, Mrs. GILLIBRAND, Ms. WARREN, Ms. HARRIS, Mr. MARKEY, Mr. BOOKER, Mr. 

WYDEN, Mr. MENENDEZ, and Mr. DURBIN) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Food and Nutrition Act of 2008 to provide 

for the participation of Puerto Rico, American Samoa, 

and the Commonwealth of the Northern Mariana Islands 

in the supplemental nutrition assistance program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equitable Nutrition 

5 Assistance for the Territories Act of 2019’’. 


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1 SEC. 2. PARTICIPATION OF PUERTO RICO, AMERICAN 

2 SAMOA, AND THE NORTHERN MARIANA IS3 LANDS IN SUPPLEMENTAL NUTRITION AS4 SISTANCE PROGRAM. 

5 (a) IN GENERAL.— 

6 (1) DEFINITIONS.—Section 3 of the Food and 

7 Nutrition Act of 2008 (7 U.S.C. 2012) is amend8 ed— 

9 (A) in subsection (r), by inserting ‘‘the 

10 Commonwealth of Puerto Rico, American 

11 Samoa, the Commonwealth of the Northern 

12 Mariana Islands,’’ after ‘‘Guam,’’; and 

13 (B) in subsection (u)(3), by inserting ‘‘the 

14 Commonwealth of Puerto Rico, American 

15 Samoa, the Commonwealth of the Northern 

16 Mariana Islands,’’ after ‘‘Guam,’’. 

17 (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the 

18 Food and Nutrition Act of 2008 (7 U.S.C. 2014) is 

19 amended— 

20 (A) in subsection (b), in the first sentence, 

21 by inserting ‘‘the Commonwealth of Puerto 

22 Rico, American Samoa, the Commonwealth of 

23 the Northern Mariana Islands,’’ after ‘‘Guam,’’; 

24 (B) in subsection (c)(1), by striking ‘‘and 

25 Guam,’’ and inserting ‘‘Guam, the Common26 wealth of Puerto Rico, American Samoa, and 


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1 the Commonwealth of the Northern Mariana Is2 lands,’’; and 

3 (C) in subsection (e)— 

4 (i) in paragraph (1)(A), by inserting 

5 ‘‘the Commonwealth of Puerto Rico, Amer6 ican Samoa, the Commonwealth of the 

7 Northern Mariana Islands,’’ after ‘‘Ha8 waii,’’ each place it appears; and 

9 (ii) in paragraph (6)(B), in the matter 

10 preceding clause (i), by inserting ‘‘the 

11 Commonwealth of Puerto Rico, American 

12 Samoa, the Commonwealth of the North13 ern Mariana Islands,’’ after ‘‘Guam,’’. 

14 (3) EFFECTIVE DATE.— 

15 (A) IN GENERAL.—The amendments made 

16 by this subsection shall be effective with respect 

17 to the Commonwealth of Puerto Rico, American 

18 Samoa, or the Commonwealth of the Northern 

19 Mariana Islands, as applicable, on the date de20 scribed in subparagraph (B) if the Secretary of 

21 Agriculture submits to Congress a certification 

22 under subsection (f)(3) of section 19 of the 

23 Food and Nutrition Act of 2008 (7 U.S.C. 

24 2028) (as added by subsection (b)). 


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1 (B) DATE DESCRIBED.—The date referred 

2 to in subparagraph (A) is, with respect to the 

3 Commonwealth of Puerto Rico, American 

4 Samoa, or the Commonwealth of the Northern 

5 Mariana Islands, the date established by the 

6 Commonwealth of Puerto Rico, American 

7 Samoa, or the Commonwealth of the Northern 

8 Mariana Islands, respectively, in the applicable 

9 plan of operation submitted to the Secretary of 

10 Agriculture under subsection (f)(1)(A) of sec11 tion 19 of the Food and Nutrition Act of 2008 

12 (7 U.S.C. 2028) (as added by subsection (b)). 

13 (b) TRANSITION OF PUERTO RICO, AMERICAN

14 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP15 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.—Section 

16 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) 

17 is amended by adding at the end the following: 

18 ‘‘(f) TRANSITION OF PUERTO RICO, AMERICAN

19 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP20 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 

21 ‘‘(1) SUBMISSION OF PLAN BY PUERTO RICO, 

22 AMERICAN SAMOA, AND THE NORTHERN MARIANA

23 ISLANDS.— 

24 ‘‘(A) SUBMISSION AND REVIEW OF PLAN

25 OF OPERATION.—If a State agency is desVerDate Sep 11 2014 18:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S677.IS S677

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1 ignated by the Commonwealth of Puerto Rico, 

2 American Samoa, or the Commonwealth of the 

3 Northern Mariana Islands (referred to in this 

4 subsection as a ‘governmental entity’) and sub5 mits to the Secretary a request to participate in 

6 the supplemental nutrition assistance program 

7 and a plan of operation under section 11 (in8 cluding a date on which the governmental entity 

9 will begin to participate in the supplemental nu10 trition assistance program), the Secretary shall 

11 determine whether that governmental entity 

12 and State agency satisfy the requirements that 

13 would apply under this Act for approval of that 

14 plan if the governmental entity were one of the 

15 several States. 

16 ‘‘(B) DETERMINATION BY SECRETARY.— 

17 ‘‘(i) APPROVAL.—The Secretary shall 

18 approve a plan of operation under subpara19 graph (A) if the governmental entity and 

20 State agency satisfy the requirements de21 scribed in that subparagraph. 

22 ‘‘(ii) DISAPPROVAL.—If the Secretary 

23 does not approve a plan of operation under 

24 subparagraph (A), the Secretary shall pro25 vide to the governmental entity a stateVerDate Sep 11 2014 18:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S677.IS S677

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1 ment that describes each requirement that 

2 is not satisfied by the plan. 

3 ‘‘(2) APPROVAL OF RETAIL FOOD STORES.—If 

4 the Secretary approves a plan of operation under 

5 paragraph (1)(B)(i), the Secretary shall accept from 

6 retail food stores located in the applicable govern7 mental entity applications under section 9 for ap8 proval to participate in the supplemental nutrition 

9 assistance program. 

10 ‘‘(3) SUBMISSION OF CERTIFICATION TO CON11 GRESS.—The Secretary shall submit to Congress a 

12 certification that a governmental entity qualifies to 

13 participate in the supplemental nutrition assistance 

14 program as if the governmental entity were a State 

15 if the Secretary— 

16 ‘‘(A) approves the plan of operation under 

17 paragraph (1)(B)(i); and 

18 ‘‘(B) approves the applications under para19 graph (2) of a number of retail food stores lo20 cated in the governmental entity requesting to 

21 participate in the supplemental nutrition assist22 ance program that would be sufficient to satisfy 

23 the requirements of this Act if the govern24 mental entity were one of the several States. 


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1 ‘‘(4) CASH BENEFITS PROVIDED IN PUERTO

2 RICO.—As part of a plan of operation submitted 

3 under paragraph (1)(A), the Commonwealth of 

4 Puerto Rico may submit to the Secretary a request 

5 to provide benefits under the supplemental nutrition 

6 assistance program in the form of cash. 

7 ‘‘(5) FAMILY MARKET PROGRAM IN PUERTO

8 RICO.—As part of a plan of operation submitted 

9 under paragraph (1)(A), notwithstanding subsection 

10 (g), the Secretary shall allow the Commonwealth of 

11 Puerto Rico to continue to carry out, under the sup12 plemental nutrition assistance program, the Family 

13 Market Program established under this section. 

14 ‘‘(g) TERMINATION OF EFFECTIVENESS.— 

15 ‘‘(1) IN GENERAL.—Subsections (a) through (e) 

16 shall cease to be effective with respect to the Com17 monwealth of Puerto Rico, American Samoa, or the 

18 Commonwealth of the Northern Mariana Islands, as 

19 applicable, on the date described in paragraph (2) if 

20 the Secretary submits to Congress a certification 

21 under subsection (f)(3). 

22 ‘‘(2) DATE DESCRIBED.—The date referred to 

23 in paragraph (1) is, with respect to the Common24 wealth of Puerto Rico, American Samoa, or the 

25 Commonwealth of the Northern Mariana Islands, 


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1 the date established by the Commonwealth of Puerto 

2 Rico, American Samoa, or the Commonwealth of the 

3 Northern Mariana Islands, respectively, in the appli4 cable plan of operation submitted to the Secretary 

5 under subsection (f)(1)(A).’’. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary of Agri8 culture to carry out this section and the amendments 

9 made by this section such sums as are necessary for each 

10 fiscal year, to remain available until expended. 

Æ 


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