What This Bill Does
This bill allows people applying for WIC (a nutrition program for women, infants and children) to complete their certification appointments by video, phone or in person instead of only in person. It also lets states send food benefits to participants through mail or digital methods rather than requiring them to pick up vouchers in person.
Who It Affects
- Women, infants and children applying for or recertifying in the WIC program
- State agencies that run the WIC program
- The Secretary of Agriculture
Key Provisions
- People seeking WIC certification can choose to do their appointment in person, by phone, by two-way video, or through other two-way real-time communication methods approved by the Secretary (Sec. 2)
- All appointment formats must be accessible to people with disabilities under the Americans with Disabilities Act and the Rehabilitation Act (Sec. 2)
- States must collect health measurements needed to check nutrition risk within 30 days of a remote appointment and no later than 90 days after the appointment (Sec. 2)
- States can temporarily approve income-eligible applicants right away while waiting for their nutrition evaluation to be completed within 90 days (Sec. 2)
- States may deliver food benefits through mail, electronic benefit transfer cards or remote issuance instead of requiring people to travel to pick them up (Sec. 3)
- The Secretary of Agriculture must submit a report to Congress within one year describing how remote technologies are being used in WIC (Sec. 4)
What Changes
If this bill becomes law, people no longer need to attend appointments in person to join WIC. They can use phone or video instead. States will have new flexibility in how they deliver food benefits to participants, including mailing cards or sending them electronically. The current rule requiring in-person presence at all appointments will be replaced with these remote options.
Important Definitions
- WIC: Special supplemental nutrition program for women, infants and children
- Food instruments: Vouchers or electronic benefit transfer cards used to buy food
- Anthropometric data: Measurements of the human body such as height and weight
- Nutritional risk evaluation: An assessment to determine if someone qualifies for WIC based on health or nutrition needs
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 984
To amend the Child Nutrition Act of 1966 to permit video or telephone
certifications under the special supplemental nutrition program for
women, infants, and children, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 27, 2023
Mrs. GILLIBRAND (for herself and Mr. MARSHALL) introduced the following
bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To amend the Child Nutrition Act of 1966 to permit video
or telephone certifications under the special supplemental
nutrition program for women, infants, and children, and
for other purposes.
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 ‘‘More Options to De-
4
velop and Enhance Remote Nutrition in WIC Act of
5
2023’’ or the ‘‘MODERN WIC Act of 2023’’.
6
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•S 984 IS
SEC. 2. REDEFINING PRESENCE AT CERTIFICATION.
1
(a) IN GENERAL.—Section 17(d)(3) of the Child Nu-
2
trition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended
3
by striking subparagraph (C) and inserting the following:
4
‘‘(C) PRESENCE
FOR
CERTAIN
DETER-
5
MINATIONS AND EVALUATIONS.—
6
‘‘(i) IN
GENERAL.—Each individual
7
seeking certification, recertification, or a
8
nutritional risk evaluation for participation
9
in the program authorized under this sec-
10
tion shall be provided an appointment that
11
is, at the option of the individual, through
12
any of the following formats:
13
‘‘(I) In person.
14
‘‘(II) By telephone.
15
‘‘(III) Through video technology
16
that permits 2-way, real-time inter-
17
active communications.
18
‘‘(IV) Through other formats
19
that permit 2-way, real-time inter-
20
active communications, as determined
21
by the Secretary.
22
‘‘(ii) ADA COMPLIANCE.—Any format
23
made available for an appointment under
24
clause (i) shall be accessible to an indi-
25
vidual in accordance with the Americans
26
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•S 984 IS
with Disabilities Act of 1990 (42 U.S.C.
1
12101 et seq.) and section 504 of the Re-
2
habilitation Act of 1973 (29 U.S.C. 794).
3
‘‘(iii) NUTRITIONAL
RISK
EVALUA-
4
TIONS
FOR
REMOTE
CERTIFICATION.—If
5
an individual certifies for participation in
6
the program under clause (i) through a
7
format other than in-person, the State
8
agency shall—
9
‘‘(I) plan to collect the anthropo-
10
metric data necessary to evaluate the
11
nutritional risk of that individual
12
within 30 days of the appointment;
13
and
14
‘‘(II) collect such data not later
15
than 90 days after the appointment.
16
‘‘(iv) INTERIM ELIGIBILITY FOR NU-
17
TRITIONAL RISK.—
18
‘‘(I)
IN
GENERAL.—A
State
19
agency may—
20
‘‘(aa) consider an applicant
21
who meets the income eligibility
22
standards under this section to
23
be temporarily eligible on an in-
24
terim basis to participate in the
25
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•S 984 IS
program authorized under this
1
section; and
2
‘‘(bb)
temporarily
certify
3
that individual for participation
4
in
the
program
immediately,
5
without delaying temporary cer-
6
tification until a nutritional risk
7
evaluation is carried out.
8
‘‘(II) TIMING FOR NUTRITIONAL
9
RISK EVALUATION.—A nutritional risk
10
evaluation for an individual tempo-
11
rarily certified pursuant to subclause
12
(I) shall be completed not later than
13
90 days after the date of temporary
14
certification of the individual.
15
‘‘(III) TERMINATION
OF
TEM-
16
PORARY
CERTIFICATION.—The tem-
17
porary certification of an individual
18
certified pursuant to subclause (I)
19
shall terminate on the earliest of—
20
‘‘(aa) 91 days after the date
21
of temporary certification if the
22
State agency does not collect
23
data on the individual pursuant
24
to clause (iii); and
25
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•S 984 IS
‘‘(bb) the date of a deter-
1
mination by the State agency
2
that the individual does not meet
3
the nutritional risk criteria.’’.
4
(b) TECHNICAL AMENDMENT.—Section 17(d)(3) of
5
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3))
6
is amended by conforming the margin of subparagraph
7
(B) to the margin of subparagraph (C).
8
SEC. 3. REMOTE BENEFIT ISSUANCE.
9
(a) IN GENERAL.—Section 17(f)(6)(B) of the Child
10
Nutrition Act of 1966 (42 U.S.C. 1786(f)(6)(B)) is
11
amended—
12
(1) in the third sentence—
13
(A) by striking ‘‘vouchers by mail’’ and in-
14
serting ‘‘food instruments by mail, remote
15
issuance, or other means’’; and
16
(B) by striking ‘‘The Secretary’’ and in-
17
serting the following:
18
‘‘(iii)
DISAPPROVAL
OF
STATE
19
PLAN.—The Secretary’’;
20
(2) in the second sentence—
21
(A) by striking ‘‘vouchers by mail in its
22
plan’’ and inserting ‘‘food instruments by mail,
23
remote issuance, or other means in the State
24
plan’’; and
25
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•S 984 IS
(B) by striking ‘‘The State’’ and inserting
1
the following:
2
‘‘(ii) STATE PLAN.—The State’’; and
3
(3) by striking ‘‘(B) State agencies’’ and all
4
that follows through ‘‘to obtain vouchers.’’ and in-
5
serting the following:
6
‘‘(B)
DELIVERY
OF
FOOD
INSTRU-
7
MENTS.—
8
‘‘(i) IN
GENERAL.—State agencies
9
may provide for the delivery of food instru-
10
ments, including electronic benefit transfer
11
cards, to any participant through means
12
that do not require the participant to trav-
13
el to the local agency to obtain the food in-
14
struments, such as through mailing or re-
15
mote issuance.’’.
16
(b) REGULATIONS.—The Secretary of Agriculture
17
shall revise section 246.12(r) of title 7, Code of Federal
18
Regulations, by striking paragraph (4).
19
SEC. 4. REPORT TO CONGRESS.
20
(a) IN GENERAL.—Not later than 1 year after the
21
date of enactment of this Act, the Secretary of Agriculture
22
shall submit to the Committee on Agriculture, Nutrition,
23
and Forestry of the Senate and the Committee on Edu-
24
cation and Labor of the House of Representatives a report
25
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•S 984 IS
on the use of remote technologies under the special supple-
1
mental nutrition program for women, infants, and children
2
established by section 17 of the Child Nutrition Act of
3
1966 (42 U.S.C. 1786) (referred to in this section as the
4
‘‘program’’).
5
(b) CONTENT OF REPORT.—The report submitted
6
under subsection (a) shall include a description of—
7
(1) the use of remote technologies and other
8
digital tools, including video, telephone, and online
9
platforms—
10
(A) to certify eligible individuals for pro-
11
gram services; and
12
(B) to provide nutrition education and
13
breastfeeding support to program participants;
14
(2) the impact of remote technologies, including
15
video, telephone, and online platforms, on certifi-
16
cations, appointments, and participant satisfaction
17
under the program; and
18
(3) best practices—
19
(A) to certify program participants for pro-
20
gram services using remote technologies;
21
(B) to incorporate the use of digital tools
22
into the program certification process;
23
(C) to integrate nutrition education and
24
breastfeeding support services for program par-
25
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•S 984 IS
ticipants into remote technologies and plat-
1
forms; and
2
(D) to securely manage program partici-
3
pant data.
4
Æ
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