Title: Puerto Rico Nutrition Assistance Fairness Act of 2021
Policy area: Agriculture and Food

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5220 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5220

     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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2021

  Miss Gonzalez-Colon (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 Representatives 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 following:
    ``(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.''.

SEC. 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) is amended--
            (1) in subsection (r) by inserting the ``Commonwealth of 
        Puerto Rico,'' after ``Guam,''; and
            (2) in subsection (u)(3) by inserting the ``Commonwealth of 
        Puerto Rico,'' after ``Guam,''.
    (b) Eligible Households.--Section 5 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2014) is amended--
            (1) in subsection (b) in the first sentence, by inserting 
        ``the Commonwealth of Puerto Rico,'' after ``Guam,'';
            (2) in subsection (c)(1) by striking ``and Guam'' and 
        inserting ``Guam, and Puerto Rico,'' and
            (3) in subsection (e)--
                    (A) in paragraph (1)(A) by inserting ``Puerto 
                Rico,'' after ``Hawaii,'' each place it appears; and
                    (B) in paragraph (6)(B) by inserting ``Puerto 
                Rico,'' after ``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)) will be amended to no longer include Puerto Rico as 
a Government entity, as defined in subsection (a).
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