I 
117TH CONGRESS 
1ST SESSION H. R. 5220 
To amend the Food and Nutrition Act of 2008 to transition the Common-
wealth of Puerto Rico to the supplemental nutrition assistance program, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 10, 2021 
Miss GONZA´LEZ-COLO´N (for herself, Mr. MCGOVERN, Mrs. HAYES, and Mr. 
SOTO) introduced the following bill; which was referred to the Committee 
on Agriculture 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Puerto Rico Nutrition 
Assistance Fairness Act of 2021’’. 
SEC. 2. AMENDMENT. 
Section 19 of the Food and Nutrition Act of 2008 
(7 U.S.C. 2028) is amended by adding at the end the fol-
lowing: 
VerDate Sep 11 2014 
23:31 Sep 13, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5220.IH
H5220
dlhill on DSK120RN23PROD with BILLS
‘‘(f) ADVISORY BOARD ON TRANSITION OF THE COM-
MONWEALTH 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 Ag-
riculture; 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 Develop-
ment of the Family. 
‘‘(3) TECHNICAL
ASSISTANCE.—The advisory 
board shall advise the Commonwealth of Puerto Rico 
VerDate Sep 11 2014 
23:31 Sep 13, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5220.IH
H5220
dlhill on DSK120RN23PROD with BILLS
and provide technical assistance related to the for-
mulation 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 pro-
gram that are most suitable for the Common-
wealth 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 pro-
gram. 
‘‘(C) Changes in current eligibility require-
ments (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 pro-
gram 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 
VerDate Sep 11 2014 
23:31 Sep 13, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5220.IH
H5220
dlhill on DSK120RN23PROD with BILLS
Rico from receipt of block grant payments under 
subsection (a)(2) to participation as a State in the 
supplemental nutrition assistance program. The ad-
visory 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 para-
graph (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, accord-
ing to section 11(e). If the Secretary does not ap-
prove such plan, the Secretary shall provide a state-
ment 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 com-
ments from the public on the recommended State 
plan. 
VerDate Sep 11 2014 
23:31 Sep 13, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5220.IH
H5220
dlhill on DSK120RN23PROD with BILLS
‘‘(8) SUBMISSION OF STATE PLAN TO THE CON-
GRESS.—If the Secretary approves the plan sub-
mitted by the Commonwealth of Puerto Rico under 
paragraph (6), and after the conclusion of the com-
ment period described in paragraph (7), then the 
Secretary shall submit to Congress a certification 
that Puerto Rico qualifies to participate in the sup-
plemental 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.’’. 
SEC. 3. PARTICIPATION OF PUERTO RICO IN THE SUPPLE-
MENTAL NUTRITION ASSISTANCE PROGRAM. 
(a) DEFINITIONS.—Following certification of Puerto 
Rico as qualified to participate in the supplemental nutri-
tion assistance program by the Secretary, section 3 of the 
Food and Nutrition Act of 2008 (7 U.S.C. 2012) is 
amended— 
(1) in subsection (r) by inserting the ‘‘Common-
wealth of Puerto Rico,’’ after ‘‘Guam,’’; and 
(2) in subsection (u)(3) by inserting the ‘‘Com-
monwealth of Puerto Rico,’’ after ‘‘Guam,’’. 
VerDate Sep 11 2014 
23:31 Sep 13, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5220.IH
H5220
dlhill on DSK120RN23PROD with BILLS