S. 3958 — Puerto Rico Nutrition Assistance Fairness Act

This section amends the Food and Nutrition Act of 2008 to include Puerto Rico alongside Guam in multiple provisions governing SNAP (Supplemental Nutrition Assistance Program) eligibility for households in U.S. territories (7 U.S.C. 2012(r), 2014(b), (c)(1), (e)(1)(A), (e)(6)(B)). It further revises cost adjustments to the thrifty food plan—the basis for maximum monthly SNAP allotments—to reflect food costs in Puerto Rico, Hawaii, and Alaska's urban and rural areas (previously, Hawaii and Alaska only) (7 U.S.C. 2012(u)(3)(A)).

This section requires Puerto Rico, upon designating an agency under section 3(s)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(s)(1)), to submit a plan of operation within 180 days—including a transition plan to the Supplemental Nutrition Assistance Program (SNAP) under 7 U.S.C. 2013(a)—to participate in SNAP. It directs the Secretary of Agriculture to provide technical assistance upon request within that 180-day period; requires the Secretary to approve the plan within 180 days after receipt if it satisfies SNAP state plan requirements under section 11(d) and (e) of the Food and Nutrition Act (7 U.S.C. 2020(d), (e)) or, if disapproving, to specify deficiencies within 30 days; and requires certification to Congress within 90 days after approval that Puerto Rico qualifies as a SNAP state under section 3 of the Food and Nutrition Act (7 U.S.C. 2012).

This section authorizes the Secretary to continue implementing Puerto Rico's most recent approved consolidated block grant for nutrition assistance (i.e., under 7 U.S.C. 2028(b)(1)(A)) for a transition period ending the earlier of five years after the effective date of this Act or the date the Secretary determines Puerto Rico no longer needs the block grant to complete its transition to the Supplemental Nutrition Assistance Program (SNAP) as described in section 3(a). This section also requires the Secretary to submit an annual report to Congress for each year the block grant continues, including information on funding increases required to accommodate Puerto Rico's transition from block grant payments to SNAP implementation.

This section revises the nutrition assistance block grant for Puerto Rico and American Samoa under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) as follows: (1) limits payment amounts to Puerto Rico and American Samoa, as well as certain program conditions, to the end of the period described in section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act; (2) for each fiscal year thereafter, sets American Samoa's grant amount to 0.4% of the aggregate amount specified in current law (as adjusted for inflation and further adjusted by changes in the cost of the thrifty food plan under SNAP); and (3) requires the Secretary of Agriculture to use 100% of such funds to pay 100% of American Samoa's expenditures for a nutrition assistance program extended under 48 U.S.C. 1469d(c). (As background, 48 U.S.C. 1469d(c) authorizes the Secretary of Agriculture to extend Department of Agriculture programs, including nutrition assistance, to Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands, with waivers as needed.)

This section provides that the Act (except for its amendments) takes effect on the date of enactment and that the amendments made by the Act take effect 10 years after the date of enactment.