II 

118TH CONGRESS 

1ST SESSION S. 1336 

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 

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 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 2023’’. 


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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, 2029, 

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; and 

16 ‘‘(C) on October 1, 2023, and each Octo17 ber 1 thereafter, adjust the cost of the diet to 

18 reflect the cost of the diet in the immediately 

19 preceding June, and round the result to the 

20 nearest lower-dollar increment for each house21 hold size.’’. 

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

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

24 amended— 


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

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

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

4 inserting ‘‘10 percent’’. 

5 (c) QUALITY CONTROL SYSTEM.—Section 

6 16(c)(1)(A)(ii) of the Food and Nutrition Act of 2008 (7 

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

8 (1) in subclause (II)— 

9 (A) by striking ‘‘thrifty food plan is ad10 justed under section 3(u)(4)’’ and inserting 

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

12 3(n)(3)(D)’’; and 

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

14 ‘‘2023’’; 

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

16 (III); and 

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

18 following: 

19 ‘‘(I) for fiscal year 2023, at an 

20 amount not greater than $50; 

21 ‘‘(II) for fiscal year 2024, the 

22 amount specified in subclause (I) ad23 justed by the difference between the 

24 thrifty food plan (as defined in section 

25 3 (as in effect on the day before the 


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1 date of enactment of the Closing the 

2 Meal Gap Act of 2023)) and the low3 cost food plan; and’’. 

4 (d) CONFORMING AMENDMENTS.— 

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

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

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

8 ‘‘3(p)(4)’’. 

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

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

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

12 ‘‘3(s)(1)’’ and inserting ‘‘3(t)(1)’’; 

13 (B) in subsection (d)— 

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

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

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

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

18 (iii) by striking ‘‘Act (25 U.S.C. 

19 450)’’ and inserting ‘‘and Education As20 sistance Act (25 U.S.C. 3501 et seq.)’’; 

21 and 

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

23 ‘‘3(s)(1)’’ and inserting ‘‘3(t)(1)’’. 

24 (3) Section 19(a)(2)(A)(ii) of the Food and Nu25 trition Act of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is 


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1 amended by striking ‘‘thrifty food plan has been ad2 justed under section 3(u)(4)’’ and inserting ‘‘low3 cost food plan has been adjusted under section 

4 3(n)(3)(D)’’. 

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

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

7 (A) in subparagraph (C), by inserting ‘‘(as 

8 in effect on the day before the date of enact9 ment of the Closing the Meal Gap Act of 

10 2023)’’ after ‘‘section 3(u)(4)’’; 

11 (B) in subparagraph (D)(ix), by striking 

12 ‘‘and’’ at the end; 

13 (C) by redesignating subparagraph (E) as 

14 subparagraph (F); 

15 (D) by inserting after subparagraph (D) 

16 the following: 

17 ‘‘(E) for fiscal year 2023, the sum ob18 tained by adding— 

19 ‘‘(i) the dollar amount of commodities 

20 specified in subparagraph (B) adjusted by 

21 the percentage by which the low-cost food 

22 plan has been adjusted under section 

23 3(u)(4) between June 30, 2021, and June 

24 30 of the immediately preceding fiscal 

25 year; and 


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1 ‘‘(ii) $35,000,000; and’’; and 

2 (E) in subparagraph (F) (as so redesig3 nated), by striking ‘‘subparagraph (D)(ix) ad4 justed by the percentage by which the thrifty 

5 food plan has been adjusted under section 

6 3(u)(4)’’ and inserting ‘‘subparagraph (F) ad7 justed by the percentage by which the low-cost 

8 food plan has been adjusted under section 

9 3(n)(3)(D)’’. 

10 (5) Section 408(a)(12)(B)(i) of the Social Secu11 rity Act (42 U.S.C. 608(a)(12)(B)(i)) is amended by 

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

13 SEC. 3. DEDUCTIONS FROM INCOME. 

14 (a) STANDARD MEDICAL EXPENSE DEDUCTION.— 

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

16 (7 U.S.C. 2014(e)(5)) is amended— 

17 (1) in the paragraph heading, by striking ‘‘EX18 CESS MEDICAL’’ and inserting ‘‘MEDICAL’’; 

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

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

21 the end and inserting ‘‘a standard medical deduction 

22 or a medical expense deduction of actual costs for 

23 the allowable medical expenses incurred by the elder24 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 2023, $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 

25 deduction satisfies cost neutrality standVerDate Sep 11 2014 00:43 May 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1336.IS S1336

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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. 

25 (b) CONFORMING AMENDMENTS.— 


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

2 of 2008 (7 U.S.C. 2014(a)) is amended, in the sec3 ond sentence, by striking ‘‘(r)’’ and inserting ‘‘(q)’’. 

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

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

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

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

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

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

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

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

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

13 (4) Section 16(h) of the Food and Nutrition 

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

15 (A) in paragraph (1)— 

16 (i) in subparagraph (B), in the matter 

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

18 and all that follows through the period at 

19 the end of clause (ii) and inserting ‘‘that 

20 is determined and adjusted by the Sec21 retary.’’; 

22 (ii) by striking subparagraph (E); 

23 (iii) by redesignating subparagraph 

24 (F) as subparagraph (E); and 


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1 (iv) in clause (ii)(III)(ee)(AA) of sub2 paragraph (E) (as so redesignated), by 

3 striking ‘‘, individuals subject to the re4 quirements under section 6(o),’’; and 

5 (B) in paragraph (5)(C)— 

6 (i) in clause (ii), by adding ‘‘and’’ at 

7 the end; 

8 (ii) in clause (iii), by striking ‘‘; and’’ 

9 and inserting a period; and 

10 (iii) by striking clause (iv). 

11 (5) Section 51(d)(8)(A)(ii) of the Internal Rev12 enue Code of 1986 is amended— 

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

14 the end and inserting a period; 

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

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

17 through ‘‘receiving’’ in subclause (I) and insert18 ing ‘‘family receiving’’; and 

19 (C) by striking subclause (II). 

20 (6) Section 103(a)(2) of the Workforce Innova21 tion and Opportunity Act (29 U.S.C. 3113) is 

22 amended— 

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


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1 (B) by redesignating subparagraphs (E) 

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

3 respectively. 

4 (7) Section 121(b)(2)(B) of the Workforce In5 novation and Opportunity Act (29 U.S.C. 3151) is 

6 amended— 

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

8 (B) by redesignating clauses (v) through 

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

10 SEC. 5. INCLUSION OF PUERTO RICO IN THE SUPPLE11 MENTAL NUTRITIONAL ASSISTANCE PRO12 GRAM. 

13 (a) DEFINITIONS.—Section 3 of the Food and Nutri14 tion Act of 2008 (7 U.S.C. 2012) is amended— 

15 (1) in subsection (r), by inserting ‘‘the Com16 monwealth of Puerto Rico,’’ after ‘‘Guam,’’; and 

17 (2) in subsection (u)(3), by inserting ‘‘the Com18 monwealth of Puerto Rico,’’ after ‘‘Guam,’’. 

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

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

21 (1) in subsection (b), in the first sentence, by 

22 inserting ‘‘the Commonwealth of Puerto Rico,’’ after 

23 ‘‘Guam,’’; 

24 (2) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘and 

2 Guam,’’ and inserting ‘‘Guam, and the Com3 monwealth of Puerto Rico,’’; and 

4 (B) in the undesignated matter at the end, 

5 by striking ‘‘States or Guam’’ and inserting 

6 ‘‘States, Guam, or the Commonwealth of Puer7 to Rico’’; and 

8 (3) in subsection (e)— 

9 (A) in paragraph (1)(A), by inserting ‘‘the 

10 Commonwealth of Puerto Rico,’’ after ‘‘Ha11 waii,’’ each place it appears; and 

12 (B) in paragraph (6)(B), in the matter 

13 preceding clause (i), by inserting ‘‘the Common14 wealth of Puerto Rico,’’ after ‘‘Guam,’’. 

15 (c) EFFECTIVE DATE.— 

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

17 subsections (a) and (b) shall be effective with re18 spect to the Commonwealth of Puerto Rico on the 

19 date described in paragraph (2) if the Secretary of 

20 Agriculture submits to Congress a certification 

21 under subsection (f)(2)(C) of section 19 of the Food 

22 and Nutrition Act of 2008 (7 U.S.C. 2028). 

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

24 paragraph (1) is the date established by the Com25 monwealth of Puerto Rico in the applicable plan of 


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1 operation submitted to the Secretary of Agriculture 

2 under subsection (f)(1) of section 19 of the Food 

3 and Nutrition Act of 2008 (7 U.S.C. 2028). 

4 (d) TRANSITION OF PUERTO RICO TO SUPPLE5 MENTAL NUTRITION ASSISTANCE PROGRAM.—Section 19 

6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) 

7 is amended by adding at the end the following: 

8 ‘‘(f) TRANSITION OF PUERTO RICO TO SUPPLE9 MENTAL NUTRITION ASSISTANCE PROGRAM.— 

10 ‘‘(1) REQUEST FOR PARTICIPATION.—The Com11 monwealth of Puerto Rico may submit to the Sec12 retary a request to participate in the supplemental 

13 nutrition assistance program, which shall include a 

14 plan of operation described in section 11(d), which 

15 shall include the date on which the Commonwealth 

16 of Puerto Rico intends to begin participation in the 

17 program. 

18 ‘‘(2) CERTIFICATION BY SECRETARY.— 

19 ‘‘(A) IN GENERAL.—On submission of a 

20 request by the Commonwealth of Puerto Rico 

21 under paragraph (1), the Secretary shall certify 

22 the Commonwealth of Puerto Rico as qualified 

23 to participate in the supplemental nutrition as24 sistance program if the Secretary— 


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1 ‘‘(i) approves the plan of operation 

2 submitted with the request, in accordance 

3 with this subsection; and 

4 ‘‘(ii) approves the applications de5 scribed in paragraph (4) in accordance 

6 with that paragraph. 

7 ‘‘(B) CERTIFICATION DECISION.—The Sec8 retary shall certify or not certify the request of 

9 the Commonwealth of Puerto Rico under para10 graph (1) not later than 90 days after the date 

11 on which the Secretary receives the request. 

12 ‘‘(C) SUBMISSION OF CERTIFICATION TO

13 CONGRESS.—The Secretary shall submit a cer14 tification under subparagraph (A) to Congress. 

15 ‘‘(3) DETERMINATION OF PLAN OF OPER16 ATION.— 

17 ‘‘(A) APPROVAL.—The Secretary shall ap18 prove a plan of operation submitted with a re19 quest under paragraph (1) if the plan satisfies 

20 the requirements under this Act. 

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

22 not approve a plan of operation submitted with 

23 a request under paragraph (1), the Secretary 

24 shall provide a statement that describes each 


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1 requirement under this Act that is not satisfied 

2 by the plan. 

3 ‘‘(4) APPROVAL OF RETAIL FOOD STORES.—If 

4 the Secretary approves a plan of operation under 

5 paragraph (3)(A) for the Commonwealth of Puerto 

6 Rico, the Secretary shall accept applications from re7 tail food stores located in the Commonwealth of 

8 Puerto Rico to be authorized under section 9 to par9 ticipate in the supplemental nutrition assistance pro10 gram. 

11 ‘‘(5) FAMILY MARKET PROGRAM.—Notwith12 standing subsection (g), the Secretary shall allow the 

13 Commonwealth of Puerto Rico to continue to carry 

14 out under the supplemental nutrition assistance pro15 gram the Family Market Program established pur16 suant to this section. 

17 ‘‘(6) TEMPORARY FUNDING.—If the Common18 wealth of Puerto Rico has a request under para19 graph (1) pending before the Secretary (including a 

20 plan of operation pending under paragraph (3)), the 

21 Commonwealth of Puerto Rico shall receive block 

22 grants under this section, in amounts determined by 

23 the Secretary, until the date on which the Secretary 

24 certifies the Commonwealth of Puerto Rico under 

25 paragraph (2)(B). 


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1 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Sec3 retary such sums as are necessary to carry out this 

4 subsection for fiscal year 2023, to remain available 

5 until expended. 

6 ‘‘(g) TECHNICAL INFRASTRUCTURE IMPLEMENTA7 TION.— 

8 ‘‘(1) IN GENERAL.—The Commonwealth of 

9 Puerto Rico may request from the Secretary a 1- 

10 time grant to pay for the cost of the technology in11 frastructure necessary to implement the supple12 mental nutrition assistance program, including the 

13 cost of information technology, information tech14 nology personnel, and training relating to program 

15 implementation. 

16 ‘‘(2) APPLICATION.—In making a request under 

17 paragraph (1), the Commonwealth of Puerto Rico 

18 shall submit to the Secretary an application at such 

19 time, in such manner, and containing such informa20 tion as the Secretary may require, including— 

21 ‘‘(A) a description of the costs to be paid 

22 for by the grant; and 

23 ‘‘(B) a plan for implementing the tech24 nology infrastructure described in paragraph 

25 (1)— 


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1 ‘‘(i) within 1 year of receiving the 

2 grant; and 

3 ‘‘(ii) that is reasonably cost efficient, 

4 as determined by the Secretary. 

5 ‘‘(3) DETERMINATION.— 

6 ‘‘(A) TIME LIMIT.—The Secretary shall 

7 approve or deny an application submitted under 

8 paragraph (2) not later than 90 days after the 

9 date on which the application is submitted. 

10 ‘‘(B) DENIAL.—If the Secretary denies an 

11 application submitted under paragraph (2), the 

12 Commonwealth of Puerto Rico may amend the 

13 plan described in subparagraph (B) of that 

14 paragraph, in coordination with the Secretary, 

15 to resubmit to the Secretary for approval. 

16 ‘‘(4) FUNDING.— 

17 ‘‘(A) IN GENERAL.—There is appropriated 

18 to the Secretary, out of funds in the Treasury 

19 not otherwise appropriated, $112,500,000 to 

20 carry out this subsection, to remain available 

21 until 3 years after the date of enactment of this 

22 subsection. 

23 ‘‘(B) REVERSION OF FUNDS.—Any funds 

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1 scribed in that subparagraph shall revert to the 

2 Treasury. 

3 ‘‘(h) TERMINATION OF EFFECTIVENESS.— 

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

5 shall cease to be effective with respect to the Com6 monwealth of Puerto Rico on the date described in 

7 paragraph (2) if the Secretary submits to Congress 

8 a certification under subsection (f)(2)(C) for the 

9 Commonwealth of Puerto Rico. 

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

11 in paragraph (1) is the date established by the Com12 monwealth of Puerto Rico in the applicable plan of 

13 operation submitted to the Secretary under sub14 section (f)(1).’’. 

Æ 


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