[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2192 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2192

      To amend the Food and Nutrition Act of 2008 to require that 
supplemental nutrition assistance program benefits be calculated using 
      the value of the low-cost food plan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2021

Mrs. Gillibrand (for herself, Mr. Sanders, Mr. Booker, Mr. Padilla, and 
  Ms. Warren) 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 require that 
supplemental nutrition assistance program benefits be calculated using 
      the value of the low-cost food plan, 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 ``Closing the Meal Gap Act of 2021''.

SEC. 2. CALCULATION OF PROGRAM BENEFITS USING LOW-COST FOOD PLAN.

    (a) Definition of Low-Cost Food Plan.--Section 3 of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2012) is amended--
            (1) by striking subsection (u);
            (2) by redesignating subsections (n) through (t) as 
        subsections (o) through (u), respectively; and
            (3) by inserting after subsection (m) the following:
    ``(n) Low-Cost Food Plan.--
            ``(1) In general.--The term `low-cost food plan' means the 
        diet, determined in accordance with the calculations of the 
        Secretary, required to feed a 4-person family that consists 
        of--
                    ``(A) a man and a woman who are each between 19 and 
                50 years of age;
                    ``(B) a child who is between 6 and 8 years of age; 
                and
                    ``(C) a child who is between 9 and 11 years of age.
            ``(2) Reevaluation.--By December 31, 2027, and at 5-year 
        intervals thereafter, the Secretary shall reevaluate and 
        publish the market baskets of the low-cost food plan, based on 
        current food prices, food composition data, consumption 
        patterns, and dietary guidance.
            ``(3) Cost.--For purposes of paragraph (1), the cost of the 
        diet described in that paragraph shall be the basis for uniform 
        allotments for all households regardless of the actual 
        composition of the household, except that the Secretary shall--
                    ``(A) make household-size adjustments (based on the 
                unrounded cost of that diet) taking into account 
                economies of scale;
                    ``(B) make cost adjustments in the low-cost food 
                plan for the State of Hawaii and the urban and rural 
                parts of the State of Alaska to reflect the cost of 
                food in Hawaii and urban and rural Alaska, 
                respectively;
                    ``(C) make cost adjustments in the separate low-
                cost food plans for Guam, the Commonwealth of Puerto 
                Rico, American Samoa, the Commonwealth of the Northern 
                Mariana Islands, and the United States Virgin Islands, 
                to reflect the cost of food in those territories, but 
                not to exceed the cost of food in the 50 States and the 
                District of Columbia; and
                    ``(D) on October 1, 2021, and each October 1 
                thereafter, adjust the cost of the diet to reflect the 
                cost of the diet in the immediately preceding June, and 
                round the result to the nearest lower-dollar increment 
                for each household size.''.
    (b) Value of Allotment.--Section 8(a) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2017(a)) is amended--
            (1) by striking ``thrifty food plan'' each place it appears 
        and inserting ``low-cost food plan''; and
            (2) in the proviso, by striking ``8 percent'' and inserting 
        ``10 percent''.
    (c) Quality Control System.--Section 16(c)(1)(A)(ii) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(A)(ii)) is amended--
            (1) in subclause (II)--
                    (A) by striking ``thrifty food plan is adjusted 
                under section 3(u)(4)'' and inserting ``low-cost food 
                plan is adjusted under section 3(n)(3)(D)''; and
                    (B) by striking ``2013'' and inserting ``2022'';
            (2) by redesignating subclause (II) as subclause (III); and
            (3) by striking subclause (I) and inserting the following:
                                    ``(I) for fiscal year 2021, at an 
                                amount not greater than $50;
                                    ``(II) for fiscal year 2022, the 
                                amount specified in subclause (I) 
                                adjusted by the difference between the 
                                thrifty food plan (as defined in 
                                section 3 (as in effect on the day 
                                before the date of enactment of the 
                                Closing the Meal Gap Act of 2021)) and 
                                the low-cost food plan; and''.
    (d) Conforming Amendments.--
            (1) Section 10 of the Food and Nutrition Act of 2008 (7 
        U.S.C. 2019) is amended, in the first sentence, by striking 
        ``3(o)(4)'' and inserting ``3(p)(4)''.
            (2) Section 11 of the Food and Nutrition Act of 2008 (7 
        U.S.C. 2020) is amended--
                    (A) in subsection (a)(2), by striking ``3(s)(1)'' 
                and inserting ``3(t)(1)'';
                    (B) in subsection (d)--
                            (i) by striking ``3(s)(1)'' each place it 
                        appears and inserting ``3(t)(1)'';
                            (ii) by striking ``3(s)(2)'' each place it 
                        appears and inserting ``3(t)(2)''; and
                            (iii) by striking ``Act (25 U.S.C. 450)'' 
                        and inserting ``and Education Assistance Act 
                        (25 U.S.C. 3501 et seq.)''; and
                    (C) in subsection (e)(17), by striking ``3(s)(1)'' 
                and inserting ``3(t)(1)''.
            (3) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act 
        of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking 
        ``thrifty food plan has been adjusted under section 3(u)(4)'' 
        and inserting ``low-cost food plan has been adjusted under 
        section 3(n)(3)(D)''.
            (4) Section 27(a)(2) of the Food and Nutrition Act of 2008 
        (7 U.S.C. 2036(a)(2)) is amended--
                    (A) in subparagraph (C)--
                            (i) by striking ``through 2023'' and 
                        inserting ``through 2020''; and
                            (ii) by inserting ``(as in effect on the 
                        day before the date of enactment of the Closing 
                        the Meal Gap Act of 2021)'' after ``section 
                        3(u)(4)'';
                    (B) in subparagraph (D)--
                            (i) in the matter preceding clause (i), by 
                        striking ``through 2023'' and inserting 
                        ``through 2020'';
                            (ii) in clause (v), by adding ``and'' after 
                        the semicolon; and
                            (iii) by striking clauses (vii) through 
                        (ix);
                    (C) in subparagraph (E), by striking ``subparagraph 
                (D)(ix) adjusted by the percentage by which the thrifty 
                food plan has been adjusted under section 3(u)(4)'' and 
                inserting ``subparagraph (F) adjusted by the percentage 
                by which the low-cost food plan has been adjusted under 
                section 3(n)(3)(D)'';
                    (D) by redesignating subparagraph (E) as 
                subparagraph (G); and
                    (E) by inserting after subparagraph (D) the 
                following:
                    ``(E) for fiscal year 2021, the sum obtained by 
                adding--
                            ``(i) the dollar amount of commodities 
                        specified in subparagraph (B) adjusted by the 
                        difference between the thrifty food plan (as 
                        defined in section 3 (as in effect on the day 
                        before the date of enactment of the Closing the 
                        Meal Gap Act of 2021)) and the low-cost food 
                        plan; and
                            ``(ii) $35,000,000;
                    ``(F) for each of fiscal years 2022 and 2023, the 
                sum obtained by adding--
                            ``(i) the dollar amount of commodities 
                        specified in subparagraph (B) adjusted by the 
                        percentage by which the low-cost food plan has 
                        been adjusted under section 3(u)(4) between 
                        June 30, 2021, and June 30 of the immediately 
                        preceding fiscal year; and
                            ``(ii) $35,000,000; and''.
            (5) Section 408(a)(12)(B)(i) of the Social Security Act (42 
        U.S.C. 608(a)(12)(B)(i)) is amended by striking ``(r)'' each 
        place it appears.

SEC. 3. DEDUCTIONS FROM INCOME.

    (a) Standard Medical Expense Deduction.--Section 5(e)(5) of the 
Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended--
            (1) in the paragraph heading, by striking ``Excess 
        medical'' and inserting ``Medical'';
            (2) in subparagraph (A), by striking ``an excess medical'' 
        and all that follows through the period at the end and 
        inserting ``a standard medical deduction or a medical expense 
        deduction of actual costs for the allowable medical expenses 
        incurred by the elderly or disabled member, exclusive of 
        special diets.'';
            (3) in subparagraph (B)(i), by striking ``excess''; and
            (4) by adding at the end the following:
                    ``(D) Standard medical expense deduction amount.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the standard medical expense 
                        deduction shall be--
                                    ``(I) for fiscal year 2021, $140; 
                                and
                                    ``(II) for each subsequent fiscal 
                                year, equal to the applicable amount 
                                for the immediately preceding fiscal 
                                year as adjusted to reflect changes for 
                                the 12-month period ending the 
                                preceding June 30 in the Consumer Price 
                                Index for All Urban Consumers: Medical 
                                Care published by the Bureau of Labor 
                                Statistics of the Department of Labor.
                            ``(ii) Exception.--For any fiscal year, a 
                        State agency may establish a greater standard 
                        medical expense deduction than described in 
                        clause (i) if the greater deduction satisfies 
                        cost neutrality standards established by the 
                        Secretary for that fiscal year.''.
    (b) Elimination of Cap of Excess Shelter Expenses.--
            (1) In general.--Section 5(e)(6) of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2014(e)(6)) is amended--
                    (A) by striking subparagraph (B); and
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively.
            (2) Conforming amendment.--Section 2605(f)(2)(A) of the 
        Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 
        8624(f)(2)(A)) is amended by striking ``5(e)(6)(C)(iv)(I) of 
        that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I))'' and inserting 
        ``5(e)(6)(B)(iv)(I) of that Act (7 U.S.C. 
        2014(e)(6)(B)(iv)(I))''.

SEC. 4. ELIMINATION OF TIME LIMIT.

    (a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2015) is amended--
            (1) by striking subsection (o); and
            (2) by redesignating subsections (p) through (s) as 
        subsections (o) through (r), respectively.
    (b) Additional Allocations for States That Ensure Availability of 
Work Opportunities.--Section 16(h) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2025(h)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)(iv)(I)--
                            (i) by striking ``(F)(viii)'' each place it 
                        appears and inserting ``(E)(viii)'';
                            (ii) by striking ``(F)(vii)(I)'' each place 
                        it appears and inserting ``(E)(vii)(I)'';
                            (iii) in item (bb)(BB), by striking 
                        ``(F)(vii)(II)'' and inserting 
                        ``(E)(vii)(II)''; and
                            (iv) in item (cc), by striking ``(F)(vii)'' 
                        and inserting ``(E)(vii)'';
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraph (F) as 
                subparagraph (E);
            (2) in paragraphs (3) and (4), by striking ``(1)(F)'' each 
        place it appears and inserting ``(1)(E)''; and
            (3) in paragraph (5)(C)--
                    (A) in clause (ii), by adding ``and'' at the end;
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking clause (iv).
    (c) Conforming Amendments.--
            (1) Section 5 of the Food and Nutrition Act of 2008 (7 
        U.S.C. 2014) is amended--
                    (A) in subsection (a), in the second sentence, by 
                striking ``(r)'' and inserting ``(q)''; and
                    (B) in subsection (g)(3), in the first sentence, by 
                striking ``16(h)(1)(F)'' and inserting ``16(h)(1)(E)''.
            (2) Section 6(d)(4) of the Food and Nutrition Act of 2008 
        (7 U.S.C. 2015(d)(4)) is amended--
                    (A) in subparagraph (B)(ii)(I)(bb)(DD), by striking 
                ``or subsection (o)''; and
                    (B) in subparagraph (N), by striking ``or 
                subsection (o)'' each place it appears.
            (3) Section 7(i)(1) of the Food and Nutrition Act of 2008 
        (7 U.S.C. 2016(i)(1)) is amended by striking ``section 6(o)(2) 
        of this Act or''.
            (4) Section 16(h)(1) of the Food and Nutrition Act of 2008 
        (7 U.S.C. 2025(h)) is amended--
                    (A) in subparagraph (B), in the matter preceding 
                clause (i), by striking ``that--'' and all that follows 
                through the period at the end of clause (ii) and 
                inserting ``that is determined and adjusted by the 
                Secretary.''; and
                    (B) in clause (ii)(III)(ee)(AA) of subparagraph (E) 
                (as redesignated by subsection (b)(1)(C)), by striking 
                ``, individuals subject to the requirements under 
                section 6(o),''.
            (5) Section 51(d)(8)(A)(ii) of the Internal Revenue Code of 
        1986 is amended--
                    (A) in subclause (I), by striking ``, or'' at the 
                end and inserting a period;
                    (B) in the matter preceding subclause (I), by 
                striking ``family--'' and all that follows through 
                ``receiving'' in subclause (I) and inserting ``family 
                receiving''; and
                    (C) by striking subclause (II).
            (6) Section 103(a)(2) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3113) is amended--
                    (A) by striking subparagraph (D); and
                    (B) by redesignating subparagraphs (E) through (K) 
                as subparagraphs (D) through (J), respectively.
            (7) Section 121(b)(2)(B) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3151) is amended--
                    (A) by striking clause (iv); and
                    (B) by redesignating clauses (v) through (vii) as 
                clauses (iv) through (vi), respectively.

SEC. 5. PARTICIPATION OF PUERTO RICO, AMERICAN SAMOA, AND THE NORTHERN 
              MARIANA ISLANDS IN SUPPLEMENTAL NUTRITION ASSISTANCE 
              PROGRAM.

    (a) Definition of State.--Subsection (s) of section 3 of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2012) (as redesignated by section 
2(a)(2)) is amended by inserting ``the Commonwealth of Puerto Rico, 
American Samoa, the Commonwealth of the Northern Mariana Islands,'' 
after ``Guam,''.
    (b) Eligible Households.--Section 5 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2014) is amended--
            (1) in subsection (c), in the undesignated matter at the 
        end, by striking ``States or Guam'' and inserting ``States, 
        Guam, the Commonwealth of Puerto Rico, American Samoa, or the 
        Commonwealth of the Northern Mariana Islands''; and
            (2) by adding at the end the following:
    ``(o) Puerto Rico, American Samoa, and the Northern Mariana 
Islands.--Notwithstanding any other provision of this Act, including 
the requirements under this section, the Commonwealth of Puerto Rico, 
American Samoa, and the Commonwealth of the Northern Mariana Islands 
shall each establish their own standards of eligibility for 
participation by households in the supplemental nutrition assistance 
program.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall be effective with respect to the Commonwealth of 
        Puerto Rico, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands, as applicable, on the date described 
        in paragraph (2) if the Secretary of Agriculture submits to 
        Congress a certification under subsection (f)(2)(B) of section 
        19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).
            (2) Date described.--The date referred to in paragraph (1) 
        is, with respect to the Commonwealth of Puerto Rico, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands, 
        the date established by the Commonwealth of Puerto Rico, 
        American Samoa, or the Commonwealth of the Northern Mariana 
        Islands, respectively, in the applicable plan of operation 
        submitted to the Secretary of Agriculture under subsection 
        (f)(1)(A) of section 19 of the Food and Nutrition Act of 2008 
        (7 U.S.C. 2028).

SEC. 6. TRANSITION OF PUERTO RICO, AMERICAN SAMOA, AND THE NORTHERN 
              MARIANA ISLANDS TO SUPPLEMENTAL NUTRITION ASSISTANCE 
              PROGRAM.

    Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) the Commonwealth of the Northern Mariana 
                Islands.''; and
            (2) by adding at the end the following:
    ``(f) Transition of Puerto Rico, American Samoa, and the Northern 
Mariana Islands to Supplemental Nutrition Assistance Program.--
            ``(1) Request for participation.--A governmental entity 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 governmental entity intends to 
        begin participation in the program.
            ``(2) Certification by secretary.--
                    ``(A) In general.--The Secretary shall certify a 
                governmental entity that submits a request under 
                paragraph (1) as qualified to participate in the 
                supplemental nutrition assistance program if the 
                Secretary--
                            ``(i) approves the plan of operation 
                        submitted with the request, in accordance with 
                        this subsection; and
                            ``(ii) approves the applications described 
                        in paragraph (4) in accordance with that 
                        paragraph.
                    ``(B) Submission of certification to congress.--The 
                Secretary shall submit each certification under 
                subparagraph (A) to Congress.
            ``(3) Determination of plan of operation.--
                    ``(A) Approval.--The Secretary shall approve a plan 
                of operation submitted with a request under paragraph 
                (1) if the plan satisfies the requirements under this 
                Act for a plan of operation.
                    ``(B) Disapproval.--If the Secretary does not 
                approve a plan of operation submitted with a request 
                under paragraph (1), the Secretary shall provide to the 
                governmental entity a statement that describes each 
                requirement under this Act that is not satisfied by the 
                plan.
            ``(4) Approval of retail food stores.--
                    ``(A) Solicitation of applications.--If the 
                Secretary approves a plan of operation under paragraph 
                (3)(A) for a governmental entity, the Secretary shall 
                accept applications from retail food stores located in 
                that governmental entity to be authorized under section 
                9 to participate in the supplemental nutrition 
                assistance program.
                    ``(B) Determination.--The Secretary shall authorize 
                a retail food store applying to participate in the 
                supplemental nutrition assistance program under 
                subparagraph (A) if the application satisfies the 
                requirements under this Act for authorization of a 
                retail food store.
            ``(5) Puerto rico.--In the case of a request under 
        paragraph (1) by the Commonwealth of Puerto Rico, 
        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.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to carry out 
        this subsection such sums as are necessary for fiscal year 
        2021, to remain available until expended.
    ``(g) Termination of Effectiveness.--
            ``(1) In general.--Subsections (a) through (e) shall cease 
        to be effective with respect to the Commonwealth of Puerto 
        Rico, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands, as applicable, on the date described in 
        paragraph (2) if the Secretary submits to Congress a 
        certification under subsection (f)(2)(B) for that governmental 
        entity.
            ``(2) Date described.--The date referred to in paragraph 
        (1) is, with respect to the Commonwealth of Puerto Rico, 
        American Samoa, and the Commonwealth of the Northern Mariana 
        Islands, the date established by the Commonwealth of Puerto 
        Rico, American Samoa, or the Commonwealth of the Northern 
        Mariana Islands, respectively, in the applicable plan of 
        operation submitted to the Secretary under subsection 
        (f)(1)(A).''.
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