II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Closing the Meal Gap 

5 Act of 2021’’. 


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1 SEC. 2. CALCULATION OF PROGRAM BENEFITS USING LOW2 COST FOOD PLAN. 

3 (a) DEFINITION OF LOW-COST FOOD PLAN.—Sec4 tion 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 

5 2012) is amended— 

6 (1) by striking subsection (u); 

7 (2) by redesignating subsections (n) through (t) 

8 as subsections (o) through (u), respectively; and 

9 (3) by inserting after subsection (m) the fol10 lowing: 

11 ‘‘(n) LOW-COST FOOD PLAN.— 

12 ‘‘(1) IN GENERAL.—The term ‘low-cost food 

13 plan’ means the diet, determined in accordance with 

14 the calculations of the Secretary, required to feed a 

15 4-person family that consists of— 

16 ‘‘(A) a man and a woman who are each be17 tween 19 and 50 years of age; 

18 ‘‘(B) a child who is between 6 and 8 years 

19 of age; and 

20 ‘‘(C) a child who is between 9 and 11 

21 years of age. 

22 ‘‘(2) REEVALUATION.—By December 31, 2027, 

23 and at 5-year intervals thereafter, the Secretary 

24 shall reevaluate and publish the market baskets of 

25 the low-cost food plan, based on current food prices, 


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1 food composition data, consumption patterns, and 

2 dietary guidance. 

3 ‘‘(3) COST.—For purposes of paragraph (1), 

4 the cost of the diet described in that paragraph shall 

5 be the basis for uniform allotments for all house6 holds regardless of the actual composition of the 

7 household, except that the Secretary shall— 

8 ‘‘(A) make household-size adjustments 

9 (based on the unrounded cost of that diet) tak10 ing into account economies of scale; 

11 ‘‘(B) make cost adjustments in the low12 cost food plan for the State of Hawaii and the 

13 urban and rural parts of the State of Alaska to 

14 reflect the cost of food in Hawaii and urban 

15 and rural Alaska, respectively; 

16 ‘‘(C) make cost adjustments in the sepa17 rate low-cost food plans for Guam, the Com18 monwealth of Puerto Rico, American Samoa, 

19 the Commonwealth of the Northern Mariana Is20 lands, and the United States Virgin Islands, to 

21 reflect the cost of food in those territories, but 

22 not to exceed the cost of food in the 50 States 

23 and the District of Columbia; and 

24 ‘‘(D) on October 1, 2021, and each Octo25 ber 1 thereafter, adjust the cost of the diet to 


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1 reflect the cost of the diet in the immediately 

2 preceding June, and round the result to the 

3 nearest lower-dollar increment for each house4 hold size.’’. 

5 (b) VALUE OF ALLOTMENT.—Section 8(a) of the 

6 Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) is 

7 amended— 

8 (1) by striking ‘‘thrifty food plan’’ each place it 

9 appears and inserting ‘‘low-cost food plan’’; and 

10 (2) in the proviso, by striking ‘‘8 percent’’ and 

11 inserting ‘‘10 percent’’. 

12 (c) QUALITY CONTROL SYSTEM.—Section 

13 16(c)(1)(A)(ii) of the Food and Nutrition Act of 2008 (7 

14 U.S.C. 2025(c)(1)(A)(ii)) is amended— 

15 (1) in subclause (II)— 

16 (A) by striking ‘‘thrifty food plan is ad17 justed under section 3(u)(4)’’ and inserting 

18 ‘‘low-cost food plan is adjusted under section 

19 3(n)(3)(D)’’; and 

20 (B) by striking ‘‘2013’’ and inserting 

21 ‘‘2022’’; 

22 (2) by redesignating subclause (II) as subclause 

23 (III); and 

24 (3) by striking subclause (I) and inserting the 

25 following: 


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1 ‘‘(I) for fiscal year 2021, at an 

2 amount not greater than $50; 

3 ‘‘(II) for fiscal year 2022, the 

4 amount specified in subclause (I) ad5 justed by the difference between the 

6 thrifty food plan (as defined in section 

7 3 (as in effect on the day before the 

8 date of enactment of the Closing the 

9 Meal Gap Act of 2021)) and the low10 cost food plan; and’’. 

11 (d) CONFORMING AMENDMENTS.— 

12 (1) Section 10 of the Food and Nutrition Act 

13 of 2008 (7 U.S.C. 2019) is amended, in the first 

14 sentence, by striking ‘‘3(o)(4)’’ and inserting 

15 ‘‘3(p)(4)’’. 

16 (2) Section 11 of the Food and Nutrition Act 

17 of 2008 (7 U.S.C. 2020) is amended— 

18 (A) in subsection (a)(2), by striking 

19 ‘‘3(s)(1)’’ and inserting ‘‘3(t)(1)’’; 

20 (B) in subsection (d)— 

21 (i) by striking ‘‘3(s)(1)’’ each place it 

22 appears and inserting ‘‘3(t)(1)’’; 

23 (ii) by striking ‘‘3(s)(2)’’ each place it 

24 appears and inserting ‘‘3(t)(2)’’; and 


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1 (iii) by striking ‘‘Act (25 U.S.C. 

2 450)’’ and inserting ‘‘and Education As3 sistance Act (25 U.S.C. 3501 et seq.)’’; 

4 and 

5 (C) in subsection (e)(17), by striking 

6 ‘‘3(s)(1)’’ and inserting ‘‘3(t)(1)’’. 

7 (3) Section 19(a)(2)(A)(ii) of the Food and Nu8 trition Act of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is 

9 amended by striking ‘‘thrifty food plan has been ad10 justed under section 3(u)(4)’’ and inserting ‘‘low11 cost food plan has been adjusted under section 

12 3(n)(3)(D)’’. 

13 (4) Section 27(a)(2) of the Food and Nutrition 

14 Act of 2008 (7 U.S.C. 2036(a)(2)) is amended— 

15 (A) in subparagraph (C)— 

16 (i) by striking ‘‘through 2023’’ and 

17 inserting ‘‘through 2020’’; and 

18 (ii) by inserting ‘‘(as in effect on the 

19 day before the date of enactment of the 

20 Closing the Meal Gap Act of 2021)’’ after 

21 ‘‘section 3(u)(4)’’; 

22 (B) in subparagraph (D)— 

23 (i) in the matter preceding clause (i), 

24 by striking ‘‘through 2023’’ and inserting 

25 ‘‘through 2020’’; 


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1 (ii) in clause (v), by adding ‘‘and’’ 

2 after the semicolon; and 

3 (iii) by striking clauses (vii) through 

4 (ix); 

5 (C) in subparagraph (E), by striking ‘‘sub6 paragraph (D)(ix) adjusted by the percentage 

7 by which the thrifty food plan has been ad8 justed under section 3(u)(4)’’ and inserting 

9 ‘‘subparagraph (F) adjusted by the percentage 

10 by which the low-cost food plan has been ad11 justed under section 3(n)(3)(D)’’; 

12 (D) by redesignating subparagraph (E) as 

13 subparagraph (G); and 

14 (E) by inserting after subparagraph (D) 

15 the following: 

16 ‘‘(E) for fiscal year 2021, the sum ob17 tained by adding— 

18 ‘‘(i) the dollar amount of commodities 

19 specified in subparagraph (B) adjusted by 

20 the difference between the thrifty food plan 

21 (as defined in section 3 (as in effect on the 

22 day before the date of enactment of the 

23 Closing the Meal Gap Act of 2021)) and 

24 the low-cost food plan; and 

25 ‘‘(ii) $35,000,000; 


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1 ‘‘(F) for each of fiscal years 2022 and 

2 2023, the sum obtained by adding— 

3 ‘‘(i) the dollar amount of commodities 

4 specified in subparagraph (B) adjusted by 

5 the percentage by which the low-cost food 

6 plan has been adjusted under section 

7 3(u)(4) between June 30, 2021, and June 

8 30 of the immediately preceding fiscal 

9 year; and 

10 ‘‘(ii) $35,000,000; and’’. 

11 (5) Section 408(a)(12)(B)(i) of the Social Secu12 rity Act (42 U.S.C. 608(a)(12)(B)(i)) is amended by 

13 striking ‘‘(r)’’ each place it appears. 

14 SEC. 3. DEDUCTIONS FROM INCOME. 

15 (a) STANDARD MEDICAL EXPENSE DEDUCTION.— 

16 Section 5(e)(5) of the Food and Nutrition Act of 2008 

17 (7 U.S.C. 2014(e)(5)) is amended— 

18 (1) in the paragraph heading, by striking ‘‘EX19 CESS MEDICAL’’ and inserting ‘‘MEDICAL’’; 

20 (2) in subparagraph (A), by striking ‘‘an excess 

21 medical’’ and all that follows through the period at 

22 the end and inserting ‘‘a standard medical deduction 

23 or a medical expense deduction of actual costs for 

24 the allowable medical expenses incurred by the elder25 ly or disabled member, exclusive of special diets.’’; 


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1 (3) in subparagraph (B)(i), by striking ‘‘ex2 cess’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(D) STANDARD MEDICAL EXPENSE DE5 DUCTION AMOUNT.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), the standard medical 

8 expense deduction shall be— 

9 ‘‘(I) for fiscal year 2021, $140; 

10 and 

11 ‘‘(II) for each subsequent fiscal 

12 year, equal to the applicable amount 

13 for the immediately preceding fiscal 

14 year as adjusted to reflect changes for 

15 the 12-month period ending the pre16 ceding June 30 in the Consumer Price 

17 Index for All Urban Consumers: Med18 ical Care published by the Bureau of 

19 Labor Statistics of the Department of 

20 Labor. 

21 ‘‘(ii) EXCEPTION.—For any fiscal 

22 year, a State agency may establish a great23 er standard medical expense deduction 

24 than described in clause (i) if the greater 

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1 ards established by the Secretary for that 

2 fiscal year.’’. 

3 (b) ELIMINATION OF CAP OF EXCESS SHELTER EX4 PENSES.— 

5 (1) IN GENERAL.—Section 5(e)(6) of the Food 

6 and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)) is 

7 amended— 

8 (A) by striking subparagraph (B); and 

9 (B) by redesignating subparagraphs (C) 

10 and (D) as subparagraphs (B) and (C), respec11 tively. 

12 (2) CONFORMING AMENDMENT.—Section 

13 2605(f)(2)(A) of the Low-Income Home Energy As14 sistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is 

15 amended by striking ‘‘5(e)(6)(C)(iv)(I) of that Act 

16 (7 U.S.C. 2014(e)(6)(C)(iv)(I))’’ and inserting 

17 ‘‘5(e)(6)(B)(iv)(I) of that Act (7 U.S.C. 

18 2014(e)(6)(B)(iv)(I))’’. 

19 SEC. 4. ELIMINATION OF TIME LIMIT. 

20 (a) IN GENERAL.—Section 6 of the Food and Nutri21 tion Act of 2008 (7 U.S.C. 2015) is amended— 

22 (1) by striking subsection (o); and 

23 (2) by redesignating subsections (p) through (s) 

24 as subsections (o) through (r), respectively. 


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1 (b) ADDITIONAL ALLOCATIONS FOR STATES THAT

2 ENSURE AVAILABILITY OF WORK OPPORTUNITIES.—Sec3 tion 16(h) of the Food and Nutrition Act of 2008 (7 

4 U.S.C. 2025(h)) is amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (C)(iv)(I)— 

7 (i) by striking ‘‘(F)(viii)’’ each place it 

8 appears and inserting ‘‘(E)(viii)’’; 

9 (ii) by striking ‘‘(F)(vii)(I)’’ each 

10 place it appears and inserting 

11 ‘‘(E)(vii)(I)’’; 

12 (iii) in item (bb)(BB), by striking 

13 ‘‘(F)(vii)(II)’’ and inserting ‘‘(E)(vii)(II)’’; 

14 and 

15 (iv) in item (cc), by striking ‘‘(F)(vii)’’ 

16 and inserting ‘‘(E)(vii)’’; 

17 (B) by striking subparagraph (E); and 

18 (C) by redesignating subparagraph (F) as 

19 subparagraph (E); 

20 (2) in paragraphs (3) and (4), by striking 

21 ‘‘(1)(F)’’ each place it appears and inserting 

22 ‘‘(1)(E)’’; and 

23 (3) in paragraph (5)(C)— 

24 (A) in clause (ii), by adding ‘‘and’’ at the 

25 end; 


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1 (B) in clause (iii), by striking ‘‘; and’’ and 

2 inserting a period; and 

3 (C) by striking clause (iv). 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) Section 5 of the Food and Nutrition Act of 

6 2008 (7 U.S.C. 2014) is amended— 

7 (A) in subsection (a), in the second sen8 tence, by striking ‘‘(r)’’ and inserting ‘‘(q)’’; 

9 and 

10 (B) in subsection (g)(3), in the first sen11 tence, by striking ‘‘16(h)(1)(F)’’ and inserting 

12 ‘‘16(h)(1)(E)’’. 

13 (2) Section 6(d)(4) of the Food and Nutrition 

14 Act of 2008 (7 U.S.C. 2015(d)(4)) is amended— 

15 (A) in subparagraph (B)(ii)(I)(bb)(DD), 

16 by striking ‘‘or subsection (o)’’; and 

17 (B) in subparagraph (N), by striking ‘‘or 

18 subsection (o)’’ each place it appears. 

19 (3) Section 7(i)(1) of the Food and Nutrition 

20 Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by 

21 striking ‘‘section 6(o)(2) of this Act or’’. 

22 (4) Section 16(h)(1) of the Food and Nutrition 

23 Act of 2008 (7 U.S.C. 2025(h)) is amended— 

24 (A) in subparagraph (B), in the matter 

25 preceding clause (i), by striking ‘‘that—’’ and 


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1 all that follows through the period at the end 

2 of clause (ii) and inserting ‘‘that is determined 

3 and adjusted by the Secretary.’’; and 

4 (B) in clause (ii)(III)(ee)(AA) of subpara5 graph (E) (as redesignated by subsection 

6 (b)(1)(C)), by striking ‘‘, individuals subject to 

7 the requirements under section 6(o),’’. 

8 (5) Section 51(d)(8)(A)(ii) of the Internal Rev9 enue Code of 1986 is amended— 

10 (A) in subclause (I), by striking ‘‘, or’’ at 

11 the end and inserting a period; 

12 (B) in the matter preceding subclause (I), 

13 by striking ‘‘family—’’ and all that follows 

14 through ‘‘receiving’’ in subclause (I) and insert15 ing ‘‘family receiving’’; and 

16 (C) by striking subclause (II). 

17 (6) Section 103(a)(2) of the Workforce Innova18 tion and Opportunity Act (29 U.S.C. 3113) is 

19 amended— 

20 (A) by striking subparagraph (D); and 

21 (B) by redesignating subparagraphs (E) 

22 through (K) as subparagraphs (D) through (J), 

23 respectively. 


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1 (7) Section 121(b)(2)(B) of the Workforce In2 novation and Opportunity Act (29 U.S.C. 3151) is 

3 amended— 

4 (A) by striking clause (iv); and 

5 (B) by redesignating clauses (v) through 

6 (vii) as clauses (iv) through (vi), respectively. 

7 SEC. 5. PARTICIPATION OF PUERTO RICO, AMERICAN 

8 SAMOA, AND THE NORTHERN MARIANA IS9 LANDS IN SUPPLEMENTAL NUTRITION AS10 SISTANCE PROGRAM. 

11 (a) DEFINITION OF STATE.—Subsection (s) of sec12 tion 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 

13 2012) (as redesignated by section 2(a)(2)) is amended by 

14 inserting ‘‘the Commonwealth of Puerto Rico, American 

15 Samoa, the Commonwealth of the Northern Mariana Is16 lands,’’ after ‘‘Guam,’’. 

17 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 

18 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 

19 (1) in subsection (c), in the undesignated mat20 ter at the end, by striking ‘‘States or Guam’’ and in21 serting ‘‘States, Guam, the Commonwealth of Puerto 

22 Rico, American Samoa, or the Commonwealth of the 

23 Northern Mariana Islands’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(o) PUERTO RICO, AMERICAN SAMOA, AND THE

2 NORTHERN MARIANA ISLANDS.—Notwithstanding any 

3 other provision of this Act, including the requirements 

4 under this section, the Commonwealth of Puerto Rico, 

5 American Samoa, and the Commonwealth of the Northern 

6 Mariana Islands shall each establish their own standards 

7 of eligibility for participation by households in the supple8 mental nutrition assistance program.’’. 

9 (c) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—The amendments made by 

11 subsections (a) and (b) shall be effective with re12 spect to the Commonwealth of Puerto Rico, Amer13 ican Samoa, and the Commonwealth of the Northern 

14 Mariana Islands, as applicable, on the date described 

15 in paragraph (2) if the Secretary of Agriculture sub16 mits to Congress a certification under subsection 

17 (f)(2)(B) of section 19 of the Food and Nutrition 

18 Act of 2008 (7 U.S.C. 2028). 

19 (2) DATE DESCRIBED.—The date referred to in 

20 paragraph (1) is, with respect to the Commonwealth 

21 of Puerto Rico, American Samoa, and the Common22 wealth of the Northern Mariana Islands, the date es23 tablished by the Commonwealth of Puerto Rico, 

24 American Samoa, or the Commonwealth of the 

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1 cable plan of operation submitted to the Secretary of 

2 Agriculture under subsection (f)(1)(A) of section 19 

3 of the Food and Nutrition Act of 2008 (7 U.S.C. 

4 2028). 

5 SEC. 6. TRANSITION OF PUERTO RICO, AMERICAN SAMOA, 

6 AND THE NORTHERN MARIANA ISLANDS TO 

7 SUPPLEMENTAL NUTRITION ASSISTANCE 

8 PROGRAM. 

9 Section 19 of the Food and Nutrition Act of 2008 

10 (7 U.S.C. 2028) is amended— 

11 (1) in subsection (a)(1)— 

12 (A) in subparagraph (A), by striking 

13 ‘‘and’’ at the end; 

14 (B) in subparagraph (B), by striking the 

15 period at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(C) the Commonwealth of the Northern 

18 Mariana Islands.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(f) TRANSITION OF PUERTO RICO, AMERICAN

21 SAMOA, AND THE NORTHERN MARIANA ISLANDS TO SUP22 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 

23 ‘‘(1) REQUEST FOR PARTICIPATION.—A govern24 mental entity may submit to the Secretary a request 

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1 ance program, which shall include a plan of oper2 ation described in section 11(d), which shall include 

3 the date on which the governmental entity intends to 

4 begin participation in the program. 

5 ‘‘(2) CERTIFICATION BY SECRETARY.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 certify a governmental entity that submits a re8 quest under paragraph (1) as qualified to par9 ticipate in the supplemental nutrition assistance 

10 program if the Secretary— 

11 ‘‘(i) approves the plan of operation 

12 submitted with the request, in accordance 

13 with this subsection; and 

14 ‘‘(ii) approves the applications de15 scribed in paragraph (4) in accordance 

16 with that paragraph. 

17 ‘‘(B) SUBMISSION OF CERTIFICATION TO

18 CONGRESS.—The Secretary shall submit each 

19 certification under subparagraph (A) to Con20 gress. 

21 ‘‘(3) DETERMINATION OF PLAN OF OPER22 ATION.— 

23 ‘‘(A) APPROVAL.—The Secretary shall ap24 prove a plan of operation submitted with a re25 quest under paragraph (1) if the plan satisfies 


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1 the requirements under this Act for a plan of 

2 operation. 

3 ‘‘(B) DISAPPROVAL.—If the Secretary does 

4 not approve a plan of operation submitted with 

5 a request under paragraph (1), the Secretary 

6 shall provide to the governmental entity a state7 ment that describes each requirement under 

8 this Act that is not satisfied by the plan. 

9 ‘‘(4) APPROVAL OF RETAIL FOOD STORES.— 

10 ‘‘(A) SOLICITATION OF APPLICATIONS.—If 

11 the Secretary approves a plan of operation 

12 under paragraph (3)(A) for a governmental en13 tity, the Secretary shall accept applications 

14 from retail food stores located in that govern15 mental entity to be authorized under section 9 

16 to participate in the supplemental nutrition as17 sistance program. 

18 ‘‘(B) DETERMINATION.—The Secretary 

19 shall authorize a retail food store applying to 

20 participate in the supplemental nutrition assist21 ance program under subparagraph (A) if the 

22 application satisfies the requirements under this 

23 Act for authorization of a retail food store. 

24 ‘‘(5) PUERTO RICO.—In the case of a request 

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1 to Rico, notwithstanding subsection (g), the Sec2 retary shall allow the Commonwealth of Puerto Rico 

3 to continue to carry out under the supplemental nu4 trition assistance program the Family Market Pro5 gram established pursuant to this section. 

6 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to the Sec8 retary to carry out this subsection such sums as are 

9 necessary for fiscal year 2021, to remain available 

10 until expended. 

11 ‘‘(g) TERMINATION OF EFFECTIVENESS.— 

12 ‘‘(1) IN GENERAL.—Subsections (a) through (e) 

13 shall cease to be effective with respect to the Com14 monwealth of Puerto Rico, American Samoa, and 

15 the Commonwealth of the Northern Mariana Is16 lands, as applicable, on the date described in para17 graph (2) if the Secretary submits to Congress a 

18 certification under subsection (f)(2)(B) for that gov19 ernmental entity. 

20 ‘‘(2) DATE DESCRIBED.—The date referred to 

21 in paragraph (1) is, with respect to the Common22 wealth of Puerto Rico, American Samoa, and the 

23 Commonwealth of the Northern Mariana Islands, 

24 the date established by the Commonwealth of Puerto 

25 Rico, American Samoa, or the Commonwealth of the 


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1 Northern Mariana Islands, respectively, in the appli2 cable plan of operation submitted to the Secretary 

3 under subsection (f)(1)(A).’’. 

Æ 


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