II 

116TH CONGRESS 

2D SESSION S. 3934 

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

of the Commonwealth 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 

JUNE 10, 2020 

Mr. SANDERS (for himself, Mr. BOOKER, Mr. MARKEY, Ms. HARRIS, Mr. 

BLUMENTHAL, Mrs. GILLIBRAND, Mr. MENENDEZ, Ms. WARREN, and 

Ms. KLOBUCHAR) 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 the Commonwealth 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 2020’’. 


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1 SEC. 2. PARTICIPATION AND TRANSITION OF PUERTO 

2 RICO, AMERICAN SAMOA, AND THE NORTH3 ERN MARIANA ISLANDS IN SUPPLEMENTAL 

4 NUTRITION ASSISTANCE PROGRAM. 

5 (a) DEFINITIONS.—Section 3 of the Food and Nutri6 tion Act of 2008 (7 U.S.C. 2012) is amended— 

7 (1) in subsection (r), by inserting ‘‘the Com8 monwealth of Puerto Rico, American Samoa, the 

9 Commonwealth of the Northern Mariana Islands,’’ 

10 after ‘‘Guam,’’; and 

11 (2) in subsection (u)(3), by inserting ‘‘the Com12 monwealth of Puerto Rico, American Samoa, the 

13 Commonwealth of the Northern Mariana Islands,’’ 

14 after ‘‘Guam,’’. 

15 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 

16 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 

17 (1) in subsection (b), in the first sentence, by 

18 inserting ‘‘the Commonwealth of Puerto Rico, Amer19 ican Samoa, the Commonwealth of the Northern 

20 Mariana Islands,’’ after ‘‘Guam,’’; 

21 (2) in subsection (c)(1), by striking ‘‘and 

22 Guam,’’ and inserting ‘‘Guam, the Commonwealth of 

23 Puerto Rico, American Samoa, and the Common24 wealth of the Northern Mariana Islands,’’; and 

25 (3) in subsection (e)— 


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1 (A) in paragraph (1)(A), by inserting ‘‘the 

2 Commonwealth of Puerto Rico, American 

3 Samoa, the Commonwealth of the Northern 

4 Mariana Islands,’’ after ‘‘Hawaii,’’ each place it 

5 appears; and 

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

7 preceding clause (i), by inserting ‘‘the Common8 wealth of Puerto Rico, American Samoa, the 

9 Commonwealth of the Northern Mariana Is10 lands,’’ after ‘‘Guam,’’. 

11 (c) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—The amendments made by 

13 subsections (a) and (b) shall be effective with re14 spect to the Commonwealth of Puerto Rico, Amer15 ican Samoa, and the Commonwealth of the Northern 

16 Mariana Islands, as applicable, on the date described 

17 in paragraph (2) if the Secretary of Agriculture sub18 mits to Congress a certification under subsection 

19 (f)(2)(B) of section 19 of the Food and Nutrition 

20 Act of 2008 (7 U.S.C. 2028). 

21 (2) DATE DESCRIBED.—The date referred to in 

22 paragraph (1) is, with respect to the Commonwealth 

23 of Puerto Rico, American Samoa, and the Common24 wealth of the Northern Mariana Islands, the date es25 tablished by the Commonwealth of Puerto Rico, 


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1 American Samoa, or the Commonwealth of the 

2 Northern Mariana Islands, respectively, in the appli3 cable plan of operation submitted to the Secretary of 

4 Agriculture under subsection (f)(1)(A) of section 19 

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

6 2028). 

7 (d) TRANSITION OF PUERTO RICO, AMERICAN

8 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP9 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.—Section 

10 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) 

11 is amended— 

12 (1) in subsection (a)(1)— 

13 (A) in subparagraph (A), by striking 

14 ‘‘and’’ at the end; 

15 (B) in subparagraph (B), by striking the 

16 period at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(C) the Commonwealth of the Northern 

19 Mariana Islands.’’; and 

20 (2) by adding at the end the following: 

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

22 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP23 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 

24 ‘‘(1) REQUEST FOR PARTICIPATION.—A govern25 mental entity may submit to the Secretary a request 


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1 to participate in the supplemental nutrition assist2 ance program, which shall include a plan of oper3 ation described in section 11(d), which shall include 

4 the date on which the governmental entity intends to 

5 begin participation in the program. 

6 ‘‘(2) CERTIFICATION BY SECRETARY.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 certify a governmental entity that submits a re9 quest under paragraph (1) as qualified to par10 ticipate in the supplemental nutrition assistance 

11 program if the Secretary— 

12 ‘‘(i) approves the plan of operation 

13 submitted with the request, in accordance 

14 with this subsection; and 

15 ‘‘(ii) approves the applications de16 scribed in paragraph (4) in accordance 

17 with that paragraph. 

18 ‘‘(B) SUBMISSION OF CERTIFICATION TO

19 CONGRESS.—The Secretary shall submit each 

20 certification under subparagraph (A) to Con21 gress. 

22 ‘‘(3) DETERMINATION OF PLAN OF OPER23 ATION.— 

24 ‘‘(A) APPROVAL.—The Secretary shall ap25 prove a plan of operation submitted with a reVerDate Sep 11 2014 04:02 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3934.IS S3934

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1 quest under paragraph (1) if the plan satisfies 

2 the requirements under this Act. 

3 ‘‘(B) DISAPPROVAL.—If the Secretary does 

4 not approve a plan of operation submitted with 

5 a request under paragraph (1), the Secretary 

6 shall provide to the governmental entity a state7 ment that describes each requirement under 

8 this Act that is not satisfied by the plan. 

9 ‘‘(4) RETAIL FOOD STORES.—If the Secretary 

10 approves a plan of operation under paragraph (3)(A) 

11 for a governmental entity, the Secretary shall accept 

12 applications from retail food stores located in that 

13 governmental entity to be authorized under section 

14 9 to participate in the supplemental nutrition assist15 ance program. 

16 ‘‘(5) PUERTO RICO.—In the case of a request 

17 under paragraph (1) by the Commonwealth of Puer18 to Rico, notwithstanding subsection (g), the Sec19 retary shall allow the Commonwealth of Puerto Rico 

20 to continue to carry out under the supplemental nu21 trition assistance program the Family Market Pro22 gram established pursuant to this section. 

23 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to the Sec25 retary such sums as are necessary to carry out this 


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1 subsection for fiscal year 2020, to remain available 

2 until expended. 

3 ‘‘(g) TECHNICAL INFRASTRUCTURE IMPLEMENTA4 TION.— 

5 ‘‘(1) IN GENERAL.—A governmental entity may 

6 request from the Secretary a 1-time grant to pay for 

7 the cost of the technology infrastructure necessary 

8 to implement the supplemental nutrition assistance 

9 program, including the cost of information tech10 nology, information technology personnel, and train11 ing relating to program implementation. 

12 ‘‘(2) APPLICATION.—A governmental entity 

13 making a request under paragraph (1) for a grant 

14 shall submit to the Secretary an application at such 

15 time, in such manner, and containing such informa16 tion as the Secretary may require, including— 

17 ‘‘(A) a description of the costs to be paid 

18 for by the grant; and 

19 ‘‘(B) a plan for implementing the tech20 nology infrastructure described in paragraph 

21 (1)— 

22 ‘‘(i) within 1 year of receiving the 

23 grant; and 

24 ‘‘(ii) that is reasonably cost efficient, 

25 as determined by the Secretary. 


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1 ‘‘(3) DETERMINATION.— 

2 ‘‘(A) TIME LIMIT.—The Secretary shall 

3 approve or deny an application submitted under 

4 paragraph (2) not later than 180 days after the 

5 date on which the application is submitted. 

6 ‘‘(B) DENIAL.—If the Secretary denies an 

7 application submitted under paragraph (2), the 

8 governmental entity may amend the plan de9 scribed in subparagraph (B) of that paragraph, 

10 in coordination with the Secretary, to resubmit 

11 to the Secretary for approval. 

12 ‘‘(4) FUNDING.— 

13 ‘‘(A) IN GENERAL.—There is appropriated 

14 to the Secretary, out of funds in the Treasury 

15 not otherwise appropriated, $5,000,000 to carry 

16 out this subsection, to remain available until 3 

17 years after the date of enactment of this sub18 section. 

19 ‘‘(B) REVERSION OF FUNDS.—Any funds 

20 appropriated to the Secretary under subpara21 graph (A) that remain available by the date de22 scribed in that subparagraph shall revert to the 

23 Treasury. 

24 ‘‘(h) TERMINATION OF EFFECTIVENESS.— 


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

2 shall cease to be effective with respect to the Com3 monwealth of Puerto Rico, American Samoa, and 

4 the Commonwealth of the Northern Mariana Is5 lands, as applicable, on the date described in para6 graph (2) if the Secretary submits to Congress a 

7 certification under subsection (f)(2)(B) for that gov8 ernmental entity. 

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

10 in paragraph (1) is, with respect to the Common11 wealth of Puerto Rico, American Samoa, and the 

12 Commonwealth of the Northern Mariana Islands, 

13 the date established by the Commonwealth of Puerto 

14 Rico, American Samoa, or the Commonwealth of the 

15 Northern Mariana Islands, respectively, in the appli16 cable plan of operation submitted to the Secretary 

17 under subsection (f)(1)(A).’’. 

Æ 


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