Puerto Rico Nutrition Assistance Fairness Act of 2021

To amend the Food and Nutrition Act of 2008 to transition the Commonwealth of Puerto Rico to the supplemental nutrition assistance program, and for other purposes. 1. Short title This Act may be cited as the Puerto Rico Nutrition Assistance Fairness Act of 2021 2. Amendment Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 (f) Advisory board on transition of the commonwealth of Puerto Rico to the supplemental nutrition assistance program (1) Establishment of advisory board Not later than 60 days after the effective date of this section, the Secretary shall establish an advisory board to formulate a recommended State plan that includes a plan to transition the Commonwealth of Puerto Rico from receipt of block grant payments under subsection (a)(2) to participate as a State in the supplemental nutrition assistance program. (2) Membership of advisory board The advisory board shall be composed of not more than 15 members of whom— (A) not fewer than 6 members shall be appointed from among employees of the Food and Nutrition Service at the Department of Agriculture; and (B) not fewer than 6 members shall be appointed from the Puerto Rico Department of the Family, including the Administrator of the Administration for the Socioeconomic Development of the Family. (3) Technical assistance The advisory board shall advise the Commonwealth of Puerto Rico and provide technical assistance related to the formulation of a recommended State plan described in paragraph (4) that includes a plan for transition to the supplemental nutrition assistance program by the Commonwealth, including the following: (A) The State options under such program that are most suitable for the Commonwealth to elect to best respond to the nutrition need present in the Commonwealth. (B) Policy changes the Commonwealth will be required to make to implement such program. (C) Changes in current eligibility requirements (including income limits) in effect under the other provisions of this section that would be required under such program. (D) Technical requirements and expenses required to implement such program. (E) Administrative costs related to program operations. (4) State plan The advisory board shall prepare and submit to the Governor of Puerto Rico, not later than 1 year after the effective date of this subsection, a recommended State plan that includes a plan to transition the Commonwealth of Puerto Rico from receipt of block grant payments under subsection (a)(2) to participation as a State in the supplemental nutrition assistance program. The advisory board shall notify the Secretary of this action. (5) Submission of the State plan by the Commonwealth of Puerto Rico The Governor of the Commonwealth of Puerto Rico may submit the recommended State plan described under paragraph (3) of this Act to the Secretary within 60 days of its completion as a request to participate in the supplemental nutrition program. (6) Determination by Secretary The Secretary may approve the recommended State plan described under paragraph (3) and submitted by the Governor of Puerto Rico under paragraph (5) of this Act, if such plan satisfies the requirements for a supplemental nutrition assistance State plan, according to section 11(e). If the Secretary does not approve such plan, the Secretary shall provide a statement that specifies each of such requirements that is not satisfied by the plan. (7) Comment period The Secretary shall provide a 30-day comment period to receive comments from the public on the recommended State plan. (8) Submission of State plan to the Congress If the Secretary approves the plan submitted by the Commonwealth of Puerto Rico under paragraph (6), and after the conclusion of the comment period described in paragraph (7), then the Secretary shall submit to Congress a certification that Puerto Rico qualifies to participate in the supplemental nutrition assistance program as if Puerto Rico were a State under section 3. (9) Termination of the advisory board The advisory board shall terminate not later than 2 years after Puerto Rico is treated as if it were a State as defined in section 3. . 3. Participation of Puerto Rico in the supplemental nutrition assistance program (a) Definitions Following certification of Puerto Rico as qualified to participate in the supplemental nutrition assistance program by the Secretary, section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (1) in subsection (r) by inserting the Commonwealth of Puerto Rico, Guam, (2) in subsection (u)(3) by inserting the Commonwealth of Puerto Rico, Guam, (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (1) in subsection (b) in the first sentence, by inserting the Commonwealth of Puerto Rico, Guam, (2) in subsection (c)(1) by striking and Guam Guam, and Puerto Rico, (3) in subsection (e)— (A) in paragraph (1)(A) by inserting Puerto Rico, Hawaii, (B) in paragraph (6)(B) by inserting Puerto Rico, Guam, (c) Consolidated block grant for Puerto Rico Upon approval of Puerto Rico operating the supplemental nutrition assistance program, the Secretary may have 5 years to continue the latest approved plan submitted under the consolidated block grant in accordance with Section 19 (3)(b)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2028(3)(b)(1)(A)). (d) Report The Secretary shall submit an annual report to the Committee on Agriculture of the House of representatives and the Committee on Senate Committee on Agriculture, Nutrition and Forestry on the operation of the plan described in subsection (c), including their justification and impact on beneficiaries in Puerto Rico, until the 5 years expire. (e) Amendments to the food and nutrition act of 2008 Following certification under section 19(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028(a)

Summary: Puerto Rico Nutrition Assistance Fairness Act of 2021 This bill sets out a process to enable Puerto Rico to participate as a state in the Supplemental Nutrition Assistance Program (SNAP). Under current law, a state receives SNAP funding based on the number of participating households in the state whereas Puerto Rico receives a block grant to fund its nutrition assistance programs instead of participating in SNAP.