118 S1336 IS: Closing the Meal Gap Act of 2023
U.S. Senate
2023-04-27
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EN
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II
118th CONGRESS
1st Session
S. 1336
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mrs. Gillibrand (for herself, Mr. Markey, Mr. Welch, Ms. Warren, Mr. Booker, Mr. Brown, Mr. Sanders, and Mr. Fetterman) 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.
1.

Short title
This Act may be cited as the “Closing the Meal Gap Act of 2023”.
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, 2029, 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; and
(C)
on October 1, 2023, 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 “2023”;
(2)
by redesignating subclause (II) as subclause (III); and
(3)
by striking subclause (I) and inserting the following:
“(I)
for fiscal year 2023, at an amount not greater than $50;
(II)
for fiscal year 2024, 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 2023)) 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), by inserting “(as in effect on the day before the date of enactment of the Closing the Meal Gap Act of 2023)” after “section 3(u)(4)”;
(B)
in subparagraph (D)(ix), by striking “and” at the end;
(C)
by redesignating subparagraph (E) as subparagraph (F);
(D)
by inserting after subparagraph (D) the following:
“(E)
for fiscal year 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”; and
(E)
in subparagraph (F) (as so redesignated), 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)”.
(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.
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 2023, $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))”.
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)

Conforming amendments
(1)
Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended, in the second sentence, by striking “(r)” and inserting “(q)”.
(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) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended—
(A)
in paragraph (1)—
(i)
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.”;
(ii)
by striking subparagraph (E);
(iii)
by redesignating subparagraph (F) as subparagraph (E); and
(iv)
in clause (ii)(III)(ee)(AA) of subparagraph (E) (as so redesignated), by striking “, individuals subject to the requirements under section 6(o),”; and
(B)
in paragraph (5)(C)—
(i)
in clause (ii), by adding “and” at the end;
(ii)
in clause (iii), by striking “; and” and inserting a period; and
(iii)
by striking clause (iv).
(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.
5.

Inclusion of Puerto Rico in the supplemental nutritional assistance program
(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 “the Commonwealth of Puerto Rico,” after “Guam,”; and
(2)
in subsection (u)(3), by inserting “the Commonwealth of Puerto Rico,” 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 (b), in the first sentence, by inserting “the Commonwealth of Puerto Rico,” after “Guam,”;
(2)
in subsection (c)—
(A)
in paragraph (1), by striking “and Guam,” and inserting “Guam, and the Commonwealth of Puerto Rico,”; and
(B)
in the undesignated matter at the end, by striking “States or Guam” and inserting “States, Guam, or the Commonwealth of Puerto Rico”; and
(3)
in subsection (e)—
(A)
in paragraph (1)(A), by inserting “the Commonwealth of Puerto Rico,” after “Hawaii,” each place it appears; and
(B)
in paragraph (6)(B), in the matter preceding clause (i), by inserting “the Commonwealth of Puerto Rico,” after “Guam,”.
(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 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).
(2)

Date described
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).
(d)

Transition of Puerto Rico to supplemental nutrition assistance program
Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) is amended by adding at the end the following:
“(f)

Transition of Puerto Rico to supplemental nutrition assistance program
(1)

Request for participation
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.
(2)

Certification by Secretary
(A)

In general
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—
(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)

Certification decision
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.
(C)

Submission of certification to Congress
The Secretary shall submit a 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.
(B)

Disapproval
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.
(4)

Approval of retail food stores
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.
(5)

Family Market 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.
(6)

Temporary funding
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).
(7)

Authorization of appropriations
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.
(g)

Technical infrastructure implementation
(1)

In general
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.
(2)

Application
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)
a description of the costs to be paid for by the grant; and
(B)
a plan for implementing the technology infrastructure described in paragraph (1)—
(i)
within 1 year of receiving the grant; and
(ii)
that is reasonably cost efficient, as determined by the Secretary.
(3)

Determination
(A)

Time limit
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.
(B)

Denial
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.
(4)

Funding
(A)

In general
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.
(B)

Reversion of funds
Any funds appropriated to the Secretary under subparagraph (A) that remain available by the date described in that subparagraph shall revert to the Treasury.
(h)

Termination of effectiveness
(1)

In general
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.
(2)

Date described
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).”.