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