[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4077 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4077
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 HOUSE OF REPRESENTATIVES
June 23, 2021
Ms. Adams (for herself, Mr. Aguilar, Mr. Auchincloss, Ms. Barragan, Ms.
Bass, Mr. Blumenauer, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown,
Ms. Brownley, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Ms. Chu, Mr.
Cicilline, Ms. Clark of Massachusetts, Mr. Cleaver, Mr. Cohen, Mr.
Connolly, Ms. DeLauro, Ms. DelBene, Mr. DeSaulnier, Mr. Deutch, Ms.
Eshoo, Mr. Espaillat, Mr. Evans, Ms. Lois Frankel of Florida, Mr.
Gallego, Mr. Garamendi, Ms. Garcia of Texas, Mr. Garcia of Illinois,
Mr. Gomez, Mr. Grijalva, Mrs. Hayes, Mr. Huffman, Ms. Jayapal, Ms.
Kaptur, Mr. Keating, Mr. Khanna, Mr. Kilmer, Mr. Langevin, Mr. Lawson
of Florida, Ms. Lee of California, Mr. Lieu, Mr. Lowenthal, Mrs.
Carolyn B. Maloney of New York, Mr. McGovern, Mr. Meeks, Ms. Meng, Ms.
Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Nadler, Mrs.
Napolitano, Mr. Neal, Ms. Newman, Mr. O'Halleran, Ms. Omar, Mr.
Panetta, Mr. Payne, Mr. Perlmutter, Mr. Peters, Ms. Pingree, Mr. Pocan,
Ms. Pressley, Mr. Raskin, Miss Rice of New York, Ms. Ross, Ms. Roybal-
Allard, Mr. Ruppersberger, Mr. Rush, Mr. Ryan, Ms. Sanchez, Ms.
Scanlon, Ms. Schakowsky, Mr. Schiff, Ms. Sewell, Mr. Sires, Mr. Smith
of Washington, Ms. Strickland, Mr. Swalwell, Mrs. Trahan, Mr. Vargas,
Ms. Velazquez, Ms. Wasserman Schultz, Mrs. Watson Coleman, and Mr.
Welch) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
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) Re-evaluation.--Not later than January 1, 2027, and
at 5-year intervals thereafter, the Secretary shall re-evaluate
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 (I)--
(A) by striking ``2014, at an amount not greater
than $37'' and inserting ``2021, at an amount equal to
not more than $50''; and
(B) by striking ``and'' at the end;
(2) in subclause (II)--
(A) by striking ``(II)'' and inserting ``(III)'';
(B) by striking ``thrifty food plan is adjusted
under section 3(u)(4)'' and inserting ``low-cost food
plan is adjusted under section 3(n)(2)(D)''; and
(C) by striking ``2013'' and inserting ``2022'';
and
(3) by inserting after subclause (I) the following:
``(II) for fiscal year 2022, the
amount specified in subclause (I) shall
be adjusted by the difference between
the thrifty food plan 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)(2)(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 striking ``2023'' and
inserting ``2020'';
(B) in subparagraph (D)--
(i) by striking ``through 2023'' and
inserting ``through 2020'';
(ii) in clause (vi) by adding ``and'' at
the end;
(iii) in clause(vii) by adding ``and'' at
the end; and
(iv) by striking clauses (viii) and (ix);
(C) in subparagraph (E)--
(i) by striking ``2024 and each subsequent
fiscal year'' and inserting ``2020'';
(ii) by striking ``2023'' and inserting
``2019''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(F) for fiscal year 2021, the dollar amount of
commodities specified in subparagraph (B) shall be
adjusted by the difference between the cost of the
thrifty food plan and the cost of low-cost food plan;
and
``(G) for each of the fiscal years 2022 through
2023, the dollar amount of commodities specified in
subparagraph (B) shall be adjusted by the percentage by
which the low-cost food plan has been adjusted under
3(n)(2)(D) between June 30, 2021, and June 30 of the
immediately preceding fiscal year;''.
(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(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)(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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