II 118th CONGRESS 1st Session S. 949 IN THE SENATE OF THE UNITED STATES March 22, 2023 Mrs. Gillibrand (for herself, Mr. Booker , Ms. Warren , Mr. Sanders , Mr. Fetterman , Mr. Menendez , Mr. Blumenthal , and Mr. Schumer ) 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 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 2023 . 2. Amendments to the Food and Nutrition Act of 2008 (a) Definitions Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) in subsection (r) by inserting Puerto Rico, after Guam, , and (2) in subsection (u)(2) by inserting , Puerto Rico, after Hawaii . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (b) by inserting 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, . 3. Submission of plan of operation; technical assistance; determination and certification by Secretary of Agriculture (a) Submission of plan of operation On designating an agency of the kind described in section 3(s)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(s)(1) ), the Commonwealth of Puerto Rico shall have 60 days to submit to the Secretary of Agriculture (in this Act referred to as the Secretary ) its plan of operation, including a plan to transition to the supplemental nutrition assistance program under section 4(a) of such Act ( 7 U.S.C. 2013(a) ) as a request to participate in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (b) Technical assistance Within the 60-day period specified in subsection (a) and upon request from the Commonwealth of Puerto Rico, the Secretary shall provide appropriate training and technical assistance to enable the Commonwealth of Puerto Rico to formulate a plan of operation described in subsection (a). (c) Determination by the Secretary of Agriculture Not later than 180 days after receiving a plan of operation described in subsection (a), the Secretary shall approve if such plan satisfies the requirements for a supplemental nutrition assistance program State plan in accordance with subsections (d) and (e) of section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ). If the Secretary does not approve such plan, the Secretary shall provide, not later than 30 days after disapproval, a statement that specifies each of the requirements that were not satisfied by such plan. (d) Certification by the Secretary of Agriculture If the Secretary approves the plan submitted by the Commonwealth of Puerto Rico under subsection (a), the Secretary shall submit to the Congress, not later than 60 days thereafter, a certification that the Commonwealth of Puerto Rico qualifies to participate in the supplemental nutrition assistance program as a State as defined in section 3(r) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(r) ). 4. Transition from the consolidated block grant for Puerto Rico (a) Covered period The Secretary may continue to implement the then most recent approved consolidated block grant specified in section 19(b)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028(b)(1)(A) ) for a period ending no later than 5 years after the effective date of the amendments made by this Act, or on the date the Secretary determines that the Commonwealth of Puerto Rico no longer needs to operate the consolidated block grant to complete the transition described in section 3(a), whichever occurs first. (b) Report For each year a plan is continued under subsection (a), the Secretary shall submit to the Congress an annual report on the operation of such plan. The Secretary shall include in such report information related to increases in funding that are required to accommodate the transition of the Commonwealth of Puerto Rico from the receipt of block grant payments to the implementation of supplemental nutrition assistance program. 5. Consolidated block grant for Puerto Rico and American Samoa Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 , after (A) , (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i) by striking and at the end, and (II) in clause (ii)— (aa) by inserting , until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 after thereafter , (bb) by striking the period at the end and inserting ; and , and (cc) by adding at the end the following: (iii) subject to the availability of appropriations under section 18(a), for each fiscal year beginning after the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 , 0.4 percent of the aggregate amount specified in clause (i) and adjusted under clause (ii), as further adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30 of the penultimate fiscal year preceding such effective date and June 30 of the fiscal year for which the adjustment is made under this clause. , (ii) in subparagraph (B)(i) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 after thereafter , and (iii) in subparagraph (C)— (I) by striking For and inserting the following: (i) For , (II) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 after thereafter , and (III) by adding at the end, the following: (ii) For each fiscal year beginning after the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 , the Secretary shall use 100 percent of the funds made available under subparagraph (A) for payment to American Samoa to pay 100 percent of the expenditures by American Samoa for a nutrition assistance program extended under section 601(c) of Public Law 96–597 ( 48 U.S.C. 1469d(c) ). , and (C) in paragraph (3) by striking year, and inserting year, until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 , and after year , and (2) in subsection (b)(1)(A) by inserting until the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2023 after year the first place it appears. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary until the end of the period described in section 4(a). 7. Effective dates (a) In general Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Effective date of amendments The amendments made by this Act shall take effect on October 1 of the 1st fiscal year that begins 1 year after the Secretary submits to Congress the certification described in section 3(d).