H.R. 5168

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5168 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5168

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 8, 2025

Mr. Hernandez (for himself, Mr. Bacon, Mr. McGovern, Mr. Lawler, Mr. 
Soto, Mr. Fitzpatrick, Ms. Velazquez, Ms. Salazar, and Ms. Houlahan) 
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''.

SEC. 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,''.

SEC. 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 
180 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 such 
Act.
(b) Technical Assistance.--Within the 180-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 90 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)).

SEC. 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 an implementation period ending 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.

SEC. 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,'' 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 ``, and 
ending at the end of the period 
described in section 4(a) of 
the Puerto Rico Nutrition 
Assistance Fairness Act'' 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, 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 
``ending at the end of the period described in 
section 4(a) of the Puerto Rico Nutrition 
Assistance Fairness Act'' after ``thereafter'', 
and
(iii) in subparagraph (C)--
(I) by striking ``For'' and 
inserting the following:
``(i) For'',
(II) by inserting ``ending at the 
end of the period described in section 
4(a) of the Puerto Rico Nutrition 
Assistance Fairness Act'' 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, 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 ending at the end of the period 
described in section 4(a) of the Puerto Rico Nutrition 
Assistance Fairness Act, and'' after ``year'', and
(2) in subsection (b)(1)(A) by inserting ``and ending at 
the end of the period described in section 4(a) of the Puerto 
Rico Nutrition Assistance Fairness Act'' after ``year'' the 
first place it appears.

SEC. 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).

SEC. 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 the date that is 10 years after the date of the 
enactment of this Act.
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