Sec. 5. Inclusion of Puerto Rico in the supplemental nutritional assistance program
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Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— in subsection (r), by inserting the Commonwealth of Puerto Rico, after Guam, ; and in subsection (u)(3), by inserting the Commonwealth of Puerto Rico, after Guam, . Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— in subsection (b), in the first sentence, by inserting the Commonwealth of Puerto Rico, after Guam, ; in subsection (c)— in paragraph (1), by striking and Guam, and inserting Guam, and the Commonwealth of Puerto Rico, ; and in the undesignated matter at the end, by striking States or Guam and inserting States, Guam, or the Commonwealth of Puerto Rico ; and in subsection (e)— in paragraph (1)(A), by inserting the Commonwealth of Puerto Rico, after Hawaii, each place it appears; and in paragraph (6)(B), in the matter preceding clause (i), by inserting the Commonwealth of Puerto Rico, after Guam, .
The amendments made by subsections
(a)and
(b)shall be effective with respect to the Commonwealth of Puerto Rico on the date described in paragraph
(2)if the Secretary of Agriculture submits to Congress a certification under subsection (f)(2)(C) of section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ). The date referred to in paragraph
(1)is the date established by the Commonwealth of Puerto Rico in the applicable plan of operation submitted to the Secretary of Agriculture under subsection (f)(1) of section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ). Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ) is amended by adding at the end the following: The Commonwealth of Puerto Rico may submit to the Secretary a request to participate in the supplemental nutrition assistance program, which shall include a plan of operation described in section 11(d), which shall include the date on which the Commonwealth of Puerto Rico intends to begin participation in the program. On submission of a request by the Commonwealth of Puerto Rico under paragraph (1), the Secretary shall certify the Commonwealth of Puerto Rico as qualified to participate in the supplemental nutrition assistance program if the Secretary— approves the plan of operation submitted with the request, in accordance with this subsection; and approves the applications described in paragraph
(4)in accordance with that paragraph. The Secretary shall certify or not certify the request of the Commonwealth of Puerto Rico under paragraph
(1)not later than 90 days after the date on which the Secretary receives the request. The Secretary shall submit a certification under subparagraph
(A)to Congress. The Secretary shall approve a plan of operation submitted with a request under paragraph
(1)if the plan satisfies the requirements under this Act. If the Secretary does not approve a plan of operation submitted with a request under paragraph (1), the Secretary shall provide a statement that describes each requirement under this Act that is not satisfied by the plan. If the Secretary approves a plan of operation under paragraph (3)(A) for the Commonwealth of Puerto Rico, the Secretary shall accept applications from retail food stores located in the Commonwealth of Puerto Rico to be authorized under section 9 to participate in the supplemental nutrition assistance program. Notwithstanding subsection (g), the Secretary shall allow the Commonwealth of Puerto Rico to continue to carry out under the supplemental nutrition assistance program the Family Market Program established pursuant to this section. If the Commonwealth of Puerto Rico has a request under paragraph
(1)pending before the Secretary (including a plan of operation pending under paragraph (3)), the Commonwealth of Puerto Rico shall receive block grants under this section, in amounts determined by the Secretary, until the date on which the Secretary certifies the Commonwealth of Puerto Rico under paragraph (2)(B). There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2023, to remain available until expended. The Commonwealth of Puerto Rico may request from the Secretary a 1-time grant to pay for the cost of the technology infrastructure necessary to implement the supplemental nutrition assistance program, including the cost of information technology, information technology personnel, and training relating to program implementation. In making a request under paragraph (1), the Commonwealth of Puerto Rico shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— a description of the costs to be paid for by the grant; and a plan for implementing the technology infrastructure described in paragraph (1)— within 1 year of receiving the grant; and that is reasonably cost efficient, as determined by the Secretary. The Secretary shall approve or deny an application submitted under paragraph
(2)not later than 90 days after the date on which the application is submitted. If the Secretary denies an application submitted under paragraph (2), the Commonwealth of Puerto Rico may amend the plan described in subparagraph
(B)of that paragraph, in coordination with the Secretary, to resubmit to the Secretary for approval. There is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $112,500,000 to carry out this subsection, to remain available until 3 years after the date of enactment of this subsection. Any funds appropriated to the Secretary under subparagraph
(A)that remain available by the date described in that subparagraph shall revert to the Treasury. Subsections
(a)through
(e)shall cease to be effective with respect to the Commonwealth of Puerto Rico on the date described in paragraph
(2)if the Secretary submits to Congress a certification under subsection (f)(2)(C) for the Commonwealth of Puerto Rico. The date referred to in paragraph
(1)is the date established by the Commonwealth of Puerto Rico in the applicable plan of operation submitted to the Secretary under subsection (f)(1). .
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Sec. 5
Inclusion of Puerto Rico in the supplemental nutritional assistance program
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