Closing the Meal Gap Act of 2023

Subjects: Agriculture and Food


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1336 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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 2023''.

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, 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.

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 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))''.

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) 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.

SEC. 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).''.
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