I 118TH CONGRESS 1ST SESSION H. R. 3037 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 MAY 2, 2023 Ms. ADAMS (for herself, Mrs. HAYES, Ms. LEE of California, Ms. VELA´ZQUEZ, Ms. LEE of Pennsylvania, Ms. SCANLON, Mr. KHANNA, Mr. EVANS, Mr. AUCHINCLOSS, Ms. OMAR, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, Ms. SA´NCHEZ, Mr. CONNOLLY, Ms. JACOBS, Mr. GARCI´A of Illi- nois, Mr. TAKANO, Ms. SCHAKOWSKY, Mr. MORELLE, Ms. TOKUDA, Ms. SEWELL, Mr. KILMER, Mr. TONKO, Mr. SWALWELL, Mr. CARBAJAL, Mr. MCGOVERN, Mr. SMITH of Washington, Mr. PANETTA, Ms. DELBENE, Mr. DESAULNIER, Ms. TITUS, Ms. BONAMICI, Mr. MOSKOWITZ, Ms. MOORE of Wisconsin, Mr. BLUMENAUER, Mrs. MCBATH, Ms. NORTON, Ms. STRICKLAND, Mr. PAYNE, Mr. POCAN, Mr. RASKIN, Mr. MOULTON, Ms. BARRAGA´N, Mr. KIM of New Jersey, Mr. MFUME, Mr. RUPPERS- BERGER, Ms. CHU, Mr. SARBANES, Ms. CROCKETT, Mr. MULLIN, Mr. CA´RDENAS, Mr. BOYLE of Pennsylvania, Mr. NEGUSE, Ms. WATERS, Ms. STEVENS, Mr. CARSON, Mr. GOMEZ, Mrs. WATSON COLEMAN, Ms. SALI- NAS, Mr. CARTER of Louisiana, Mr. KEATING, Mr. BOWMAN, Ms. PIN- GREE, Ms. MENG, and Mr. ESPAILLAT) 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. VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3037 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Closing the Meal Gap 4 Act of 2023’’. 5 SEC. 2. CALCULATION OF PROGRAM BENEFITS USING LOW- 6 COST FOOD PLAN. 7 (a) DEFINITION OF LOW-COST FOOD PLAN.—Sec- 8 tion 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 9 2012) is amended— 10 (1) by striking subsection (u); 11 (2) by redesignating subsections (n) through (t) 12 as subsections (o) through (u), respectively; and 13 (3) by inserting after subsection (m) the fol- 14 lowing: 15 ‘‘(n) LOW-COST FOOD PLAN.— 16 ‘‘(1) IN GENERAL.—The term ‘low-cost food 17 plan’ means the diet, determined in accordance with 18 the calculations of the Secretary, required to feed a 19 4-person family that consists of— 20 ‘‘(A) a man and a woman who are each be- 21 tween 19 and 50 years of age; 22 ‘‘(B) a child who is between 6 and 8 years 23 of age; and 24 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3037 IH ‘‘(C) a child who is between 9 and 11 1 years of age. 2 ‘‘(2) REEVALUATION.—By December 31, 2029, 3 and at 5-year intervals thereafter, the Secretary 4 shall reevaluate and publish the market baskets of 5 the low-cost food plan, based on current food prices, 6 food composition data, consumption patterns, and 7 dietary guidance. 8 ‘‘(3) COST.—For purposes of paragraph (1), 9 the cost of the diet described in that paragraph shall 10 be the basis for uniform allotments for all house- 11 holds regardless of the actual composition of the 12 household, except that the Secretary shall— 13 ‘‘(A) make household-size adjustments 14 (based on the unrounded cost of that diet) tak- 15 ing into account economies of scale; 16 ‘‘(B) make cost adjustments in the low- 17 cost food plan for the State of Hawaii and the 18 urban and rural parts of the State of Alaska to 19 reflect the cost of food in Hawaii and urban 20 and rural Alaska, respectively; and 21 ‘‘(C) on October 1, 2023, and each Octo- 22 ber 1 thereafter, adjust the cost of the diet to 23 reflect the cost of the diet in the immediately 24 preceding June, and round the result to the 25 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3037 IH nearest lower-dollar increment for each house- 1 hold size.’’. 2 (b) VALUE OF ALLOTMENT.—Section 8(a) of the 3 Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) is 4 amended— 5 (1) by striking ‘‘thrifty food plan’’ each place it 6 appears and inserting ‘‘low-cost food plan’’; and 7 (2) in the proviso, by striking ‘‘8 percent’’ and 8 inserting ‘‘10 percent’’. 9 (c) QUALITY CONTROL SYSTEM.—Section 10 16(c)(1)(A)(ii) of the Food and Nutrition Act of 2008 (7 11 U.S.C. 2025(c)(1)(A)(ii)) is amended— 12 (1) in subclause (II)— 13 (A) by striking ‘‘thrifty food plan is ad- 14 justed under section 3(u)(4)’’ and inserting 15 ‘‘low-cost food plan is adjusted under section 16 3(n)(3)(D)’’; and 17 (B) by striking ‘‘2013’’ and inserting 18 ‘‘2023’’; 19 (2) by redesignating subclause (II) as subclause 20 (III); and 21 (3) by striking subclause (I) and inserting the 22 following: 23 ‘‘(I) for fiscal year 2023, at an 24 amount not greater than $50; 25 VerDate Sep 11 2014 03:14 May 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3037 IH ‘‘(II) for fiscal year 2024, the 1 amount specified in subclause (I) ad- 2 justed by the difference between the 3 thrifty food plan (as defined in section 4 3 (as in effect on the day before the 5 date of enactment of the Closing the 6 Meal Gap Act of 2023)) and the low- 7 cost food plan; and’’. 8 (d) CONFORMING AMENDMENTS.— 9 (1) Section 10 of the Food and Nutrition Act 10 of 2008 (7 U.S.C. 2019) is amended, in the first 11 sentence, by striking ‘‘3(o)(4)’’ and inserting 12 ‘‘3(p)(4)’’. 13 (2) Section 11 of the Food and Nutrition Act 14 of 2008 (7 U.S.C. 2020) is amended— 15 (A) in subsection (a)(2), by striking 16 ‘‘3(s)(1)’’ and inserting ‘‘3(t)(1)’’; 17 (B) in subsection (d)— 18 (i) by striking ‘‘3(s)(1)’’ each place it 19 appears and inserting ‘‘3(t)(1)’’; 20 (ii) by striking ‘‘3(s)(2)’’ each place it 21 appears and inserting ‘‘3(t)(2)’’; and 22 (iii) by striking ‘‘Act (25 U.S.C. 23 450)’’ and inserting ‘‘and Education As- 24 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3037 IH sistance Act (25 U.S.C. 3501 et seq.)’’; 1 and 2 (C) in subsection (e)(17), by striking 3 ‘‘3(s)(1)’’ and inserting ‘‘3(t)(1)’’. 4 (3) Section 19(a)(2)(A)(ii) of the Food and Nu- 5 trition Act of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is 6 amended by striking ‘‘thrifty food plan has been ad- 7 justed under section 3(u)(4)’’ and inserting ‘‘low- 8 cost food plan has been adjusted under section 9 3(n)(3)(D)’’. 10 (4) Section 27(a)(2) of the Food and Nutrition 11 Act of 2008 (7 U.S.C. 2036(a)(2)) is amended— 12 (A) in subparagraph (C), by inserting ‘‘(as 13 in effect on the day before the date of enact- 14 ment of the Closing the Meal Gap Act of 15 2023)’’ after ‘‘section 3(u)(4)’’; 16 (B) in subparagraph (D)(ix), by striking 17 ‘‘and’’ at the end; 18 (C) by redesignating subparagraph (E) as 19 subparagraph (F); 20 (D) by inserting after subparagraph (D) 21 the following: 22 ‘‘(E) for fiscal year 2023, the sum ob- 23 tained by adding— 24 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3037 IH ‘‘(i) the dollar amount of commodities 1 specified in subparagraph (B) adjusted by 2 the percentage by which the low-cost food 3 plan has been adjusted under section 4 3(u)(4) between June 30, 2021, and June 5 30 of the immediately preceding fiscal 6 year; and 7 ‘‘(ii) $35,000,000; and’’; and 8 (E) in subparagraph (F) (as so redesig- 9 nated), by striking ‘‘subparagraph (D)(ix) ad- 10 justed by the percentage by which the thrifty 11 food plan has been adjusted under section 12 3(u)(4)’’ and inserting ‘‘subparagraph (F) ad- 13 justed by the percentage by which the low-cost 14 food plan has been adjusted under section 15 3(n)(3)(D)’’. 16 (5) Section 408(a)(12)(B)(i) of the Social Secu- 17 rity Act (42 U.S.C. 608(a)(12)(B)(i)) is amended by 18 striking ‘‘(r)’’ each place it appears. 19 SEC. 3. DEDUCTIONS FROM INCOME. 20 (a) STANDARD MEDICAL EXPENSE DEDUCTION.— 21 Section 5(e)(5) of the Food and Nutrition Act of 2008 22 (7 U.S.C. 2014(e)(5)) is amended— 23 (1) in the paragraph heading, by striking ‘‘EX- 24 CESS MEDICAL’’ and inserting ‘‘MEDICAL’’; 25 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3037 IH (2) in subparagraph (A), by striking ‘‘an excess 1 medical’’ and all that follows through the period at 2 the end and inserting ‘‘a standard medical deduction 3 or a medical expense deduction of actual costs for 4 the allowable medical expenses incurred by the elder- 5 ly or disabled member, exclusive of special diets.’’; 6 (3) in subparagraph (B)(i), by striking ‘‘ex- 7 cess’’; and 8 (4) by adding at the end the following: 9 ‘‘(D) STANDARD MEDICAL EXPENSE DE- 10 DUCTION AMOUNT.— 11 ‘‘(i) IN GENERAL.—Except as pro- 12 vided in clause (ii), the standard medical 13 expense deduction shall be— 14 ‘‘(I) for fiscal year 2023, $140; 15 and 16 ‘‘(II) for each subsequent fiscal 17 year, equal to the applicable amount 18 for the immediately preceding fiscal 19 year as adjusted to reflect changes for 20 the 12-month period ending the pre- 21 ceding June 30 in the Consumer Price 22 Index for All Urban Consumers: Med- 23 ical Care published by the Bureau of 24 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3037 IH Labor Statistics of the Department of 1 Labor. 2 ‘‘(ii) EXCEPTION.—For any fiscal 3 year, a State agency may establish a great- 4 er standard medical expense deduction 5 than described in clause (i) if the greater 6 deduction satisfies cost neutrality stand- 7 ards established by the Secretary for that 8 fiscal year.’’. 9 (b) ELIMINATION OF CAP OF EXCESS SHELTER EX- 10 PENSES.— 11 (1) IN GENERAL.—Section 5(e)(6) of the Food 12 and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)) is 13 amended— 14 (A) by striking subparagraph (B); and 15 (B) by redesignating subparagraphs (C) 16 and (D) as subparagraphs (B) and (C), respec- 17 tively. 18 (2) CONFORMING AMENDMENT.—Section 19 2605(f)(2)(A) of the Low-Income Home Energy As- 20 sistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is 21 amended by striking ‘‘5(e)(6)(C)(iv)(I) of that Act 22 (7 U.S.C. 2014(e)(6)(C)(iv)(I))’’ and inserting 23 ‘‘5(e)(6)(B)(iv)(I) of that Act (7 U.S.C. 24 2014(e)(6)(B)(iv)(I))’’. 25 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3037 IH SEC. 4. ELIMINATION OF TIME LIMIT. 1 (a) IN GENERAL.—Section 6 of the Food and Nutri- 2 tion Act of 2008 (7 U.S.C. 2015) is amended— 3 (1) by striking subsection (o); and 4 (2) by redesignating subsections (p) through (s) 5 as subsections (o) through (r), respectively. 6 (b) CONFORMING AMENDMENTS.— 7 (1) Section 5(a) of the Food and Nutrition Act 8 of 2008 (7 U.S.C. 2014(a)) is amended, in the sec- 9 ond sentence, by striking ‘‘(r)’’ and inserting ‘‘(q)’’. 10 (2) Section 6(d)(4) of the Food and Nutrition 11 Act of 2008 (7 U.S.C. 2015(d)(4)) is amended— 12 (A) in subparagraph (B)(ii)(I)(bb)(DD), 13 by striking ‘‘or subsection (o)’’; and 14 (B) in subparagraph (N), by striking ‘‘or 15 subsection (o)’’ each place it appears. 16 (3) Section 7(i)(1) of the Food and Nutrition 17 Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by 18 striking ‘‘section 6(o)(2) of this Act or’’. 19 (4) Section 16(h) of the Food and Nutrition 20 Act of 2008 (7 U.S.C. 2025(h)) is amended— 21 (A) in paragraph (1)— 22 (i) in subparagraph (B), in the matter 23 preceding clause (i), by striking ‘‘that—’’ 24 and all that follows through the period at 25 the end of clause (ii) and inserting ‘‘that 26 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3037 IH is determined and adjusted by the Sec- 1 retary.’’; 2 (ii) by striking subparagraph (E); 3 (iii) by redesignating subparagraph 4 (F) as subparagraph (E); and 5 (iv) in clause (ii)(III)(ee)(AA) of sub- 6 paragraph (E) (as so redesignated), by 7 striking ‘‘, individuals subject to the re- 8 quirements under section 6(o),’’; and 9 (B) in paragraph (5)(C)— 10 (i) in clause (ii), by adding ‘‘and’’ at 11 the end; 12 (ii) in clause (iii), by striking ‘‘; and’’ 13 and inserting a period; and 14 (iii) by striking clause (iv). 15 (5) Section 51(d)(8)(A)(ii) of the Internal Rev- 16 enue Code of 1986 is amended— 17 (A) in subclause (I), by striking ‘‘, or’’ at 18 the end and inserting a period; 19 (B) in the matter preceding subclause (I), 20 by striking ‘‘family—’’ and all that follows 21 through ‘‘receiving’’ in subclause (I) and insert- 22 ing ‘‘family receiving’’; and 23 (C) by striking subclause (II). 24 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3037 IH (6) Section 103(a)(2) of the Workforce Innova- 1 tion and Opportunity Act (29 U.S.C. 3113) is 2 amended— 3 (A) by striking subparagraph (D); and 4 (B) by redesignating subparagraphs (E) 5 through (K) as subparagraphs (D) through (J), 6 respectively. 7 (7) Section 121(b)(2)(B) of the Workforce In- 8 novation and Opportunity Act (29 U.S.C. 3151) is 9 amended— 10 (A) by striking clause (iv); and 11 (B) by redesignating clauses (v) through 12 (vii) as clauses (iv) through (vi), respectively. 13 SEC. 5. INCLUSION OF PUERTO RICO IN THE SUPPLE- 14 MENTAL NUTRITIONAL ASSISTANCE PRO- 15 GRAM. 16 (a) DEFINITIONS.—Section 3 of the Food and Nutri- 17 tion Act of 2008 (7 U.S.C. 2012) is amended— 18 (1) in subsection (r), by inserting ‘‘the Com- 19 monwealth of Puerto Rico,’’ after ‘‘Guam,’’; and 20 (2) in subsection (u)(3), by inserting ‘‘the Com- 21 monwealth of Puerto Rico,’’ after ‘‘Guam,’’. 22 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 23 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 24 VerDate Sep 11 2014 00:42 May 04, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3037.IH H3037 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 3037 IH (1) in subsection (b), in the first sentence, by 1 inserting ‘‘the Commonwealth of Puerto Rico,’’ after 2 ‘‘Guam,’’; 3 (2) in subsection (c)— 4 (A) [Text truncated for display. Full text available on Congress.gov.]