Sec. 4117. Inclusion of Puerto Rico in supplemental nutrition 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)(2), by striking Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska and inserting Hawaii, the urban and rural parts of Alaska, and the Commonwealth of Puerto Rico to reflect the cost of food in Hawaii, urban and rural Alaska, and the Commonwealth of Puerto Rico, respectively .
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 after paragraph (2), 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 and the Commonwealth of Puerto Rico after Hawaii each place it appears; and in paragraph (6)(B), in the matter preceding clause (i), by inserting and the Commonwealth of Puerto Rico after Columbia .
Not later than 3 years after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out the amendments made by subsections
(a)and (b), which regulations shall not take effect until the effective date of the amendments made by those subsections, as described in subsection (d). The amendments made by subsections
(a)and
(b)shall be effective with respect to the Commonwealth of Puerto Rico on the covered start date (as defined in subsection (f)(1) of section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 )) if a certification under subsection (f)(8)(C) of that section ( 7 U.S.C. 2028 ) has been submitted to Congress. Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ) is amended— in subsection (a)(2)(B), in the subparagraph heading, by striking and inserting commonwealth of puerto rico ; and C ommonwealth of P uerto R ico by adding at the end the following: In this subsection: The term covered start date means the date on which the Commonwealth of Puerto Rico intends for all eligible households participating in the program under subsections
(a)through
(e)to have been transitioned to the supplemental nutrition assistance program. The term phase-in period means a period of not less than 2 years and not more than 5 years beginning not earlier than 9 years and not later than 15 years after the date on which the transition plan is approved under paragraph (3)(A). The term plan of operation means a plan of operation for the supplemental nutrition assistance program described in section 11(d) submitted by the Commonwealth of Puerto Rico. The term planning period means the period beginning on the date on which the transition plan is approved under paragraph (3)(A) and ending on the date on which the phase-in period begins. The term transition plan means the transition plan of the Commonwealth of Puerto Rico described in paragraph (2)(B). The Commonwealth of Puerto Rico may submit to the Secretary a request to transition from operating the nutrition assistance program under this section to operating the supplemental nutrition assistance program. A request submitted under subparagraph
(A)shall include a transition plan, which shall include— the anticipated covered start date; a description of plans for the planning period, which shall include a detailed description of the manner and timeline in which the Commonwealth of Puerto Rico will implement the statutory changes and regulatory development, program design, and planning steps described in the report of the Department of Agriculture entitled Update to Feasibility Study on Implementing SNAP in Puerto Rico, Final Report and dated July 2022 (or a subsequent feasibility study); and a description of plans for the phase-in period, which shall include a detailed description of the manner and timeline in which the Commonwealth of Puerto Rico will implement the testing, training, and rollout steps described in the report described in clause
(ii)(or a subsequent feasibility study) and carry out activities required under paragraph (6). Not later than 180 days after the date on which the Commonwealth of Puerto Rico submits a transition plan with a request under paragraph (2)(A), the Secretary shall approve the transition plan if the transition plan— meets the requirements described in paragraph (2)(B); and provides a reasonable strategy and timeline for the planning, development, and rollout of the supplemental nutrition assistance program that is likely to ensure successful implementation of the program, as determined by the Secretary. If the Secretary does not approve the transition plan under subparagraph (A), the Secretary shall provide a statement that describes— each requirement under paragraph (2)(B) or this paragraph that is not satisfied by the transition plan; and the changes that the Commonwealth of Puerto Rico may make to the transition plan for the Secretary to approve the transition plan. Not later than 180 days after the date on which the Secretary approves the transition plan under paragraph (3), the Secretary shall make publicly available a report describing the steps that the Secretary shall take to assist the Commonwealth of Puerto Rico during the planning period and phase-in period and the timeline for those steps. During the planning period, the Commonwealth of Puerto Rico shall carry out activities, as described in the transition plan pursuant to paragraph (2)(B)(ii), to prepare for the phase-in period. The purpose of the phase-in period is to allow the Commonwealth of Puerto Rico to test new systems and make real-time updates to improve accuracy and maintain program integrity while transitioning to the supplemental nutrition assistance program. Not later than 1 year before the anticipated start date of the phase-in period, the Commonwealth of Puerto Rico shall submit to the Secretary— an updated plan for the phase-in period described in paragraph (2)(B)(iii); the anticipated covered start date; and a draft plan of operation. The Secretary shall approve or disapprove the updated plan for the phase-in period and the draft plan of operation submitted under clause
(i)in accordance with paragraph (3). During the phase-in period, the Commonwealth of Puerto Rico shall carry out the plans described in the transition plan pursuant to paragraph (2)(B)(iii) and the updated plan submitted under subparagraph (B)(i)(I), including— implementing the supplemental nutrition assistance program in a staggered manner throughout the Commonwealth of Puerto Rico; coordinating with the Secretary to carry out subparagraph (D); and ensuring that activities carried out during the phase-in period substantially meet the requirements for the supplemental nutrition assistance program under this Act, as determined by the Secretary. On the date that is 270 days before the start date of the phase-in period, the Secretary shall begin accepting 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. During the phase-in period, the Commonwealth of Puerto Rico— may concurrently operate the program under subsections
(a)through
(e)until September 30 of the fiscal year of the covered start date; shall not be subject to the requirements of section 16(c); and shall be eligible for funding in accordance with section 16(a) for administrative costs relating to carrying out the supplemental nutrition assistance program. Not later than 1 year before the anticipated covered start date, the Commonwealth of Puerto Rico shall submit to the Secretary a request to implement the supplemental nutrition assistance program, which shall include— the covered start date; and an updated plan of operation. Not later than 90 days after the date on which the Commonwealth of Puerto Rico submits the updated plan of operation under subparagraph (A)(ii), the Secretary shall approve the updated plan of operation if the Secretary determines that— the updated plan of operation meets the requirements of this Act; and the Commonwealth of Puerto Rico has successfully completed a significant majority of the activities under the plan for the phase-in period. If the Secretary does not approve the updated plan of operation plan under clause (i), the Secretary shall provide a statement that describes— the reason for the disapproval, including any aspects of the updated plan of operation that do not meet the requirements of this Act; and the changes that the Commonwealth of Puerto Rico may make to the updated plan of operation for the Secretary to approve the updated plan of operation. On submission of a request by the Commonwealth of Puerto Rico under paragraph (7), the Secretary shall certify the Commonwealth of Puerto Rico as qualified to begin full operation of the supplemental nutrition assistance program if the Secretary has approved the updated plan of operation under subparagraph
(B)of that paragraph. The Secretary shall certify or deny the request of the Commonwealth of Puerto Rico under subparagraph
(A)as soon as practicable after the Secretary receives the request. The Secretary shall submit a certification under subparagraph
(B)to Congress. Notwithstanding section 16(c), any payment error rates by the Commonwealth of Puerto Rico during the first 3 years following the covered start date shall not count towards assessing a liability amount under that section. 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, under terms and conditions approved by the Secretary. Not later than 1 year after the Secretary makes publicly available the report under paragraph (4), and each year thereafter until the end of the phase-in period, the Secretary shall make publicly available a report with respect to the progress of the transition of the Commonwealth of Puerto Rico to the supplemental nutrition assistance program. Of amounts made available under section 18(a)(1), the Secretary shall use such sums as are necessary to carry out this subsection, to remain available until expended. Subsections
(a)through
(e)shall cease to be effective with respect to the Commonwealth of Puerto Rico on the covered start date (as defined in subsection (f)(1)) if a certification under subsection (f)(8)(C) has been submitted to Congress. .
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Sec. 4117
Inclusion of Puerto Rico in supplemental nutrition assistance program
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