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II
116TH CONGRESS
2D SESSION
S. 3357
To amend the Child Nutrition Act of 1966 to enhance State efforts to
cross-enroll participants to improve nutritional outcomes for pregnant
women, postpartum women, and young children, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 27, 2020
Mr. BROWN 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 enhance State
efforts to cross-enroll participants to improve nutritional
outcomes for pregnant women, postpartum women, and
young 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 ‘‘WIC Enrollment Col-
4
laboration Act of 2020’’.
5
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SEC. 2. STATE EFFORTS TO ENHANCE CROSS-ENROLLMENT
1
TO IMPROVE NUTRITIONAL OUTCOMES FOR
2
PREGNANT AND POSTPARTUM WOMEN AND
3
YOUNG CHILDREN.
4
(a) IN GENERAL.—Section 17 of the Child Nutrition
5
Act of 1966 (42 U.S.C. 1786) is amended by adding at
6
the end the following:
7
‘‘(r) STATE EFFORTS TO ENHANCE CROSS-ENROLL-
8
MENT TO IMPROVE NUTRITIONAL OUTCOMES FOR PREG-
9
NANT
AND POSTPARTUM WOMEN
AND YOUNG CHIL-
10
DREN.—
11
‘‘(1) DEFINITIONS.—In this subsection:
12
‘‘(A) ELIGIBLE WOMAN AND CHILD.—The
13
term ‘eligible woman and child’ means an indi-
14
vidual that is any of the following:
15
‘‘(i) A pregnant woman.
16
‘‘(ii) A woman not more than 1 year
17
postpartum.
18
‘‘(iii) An infant.
19
‘‘(iv) A child.
20
‘‘(B) MEDICAID
BENEFITS.—The term
21
‘Medicaid benefits’ means items and services
22
provided under the Medicaid program.
23
‘‘(C)
MEDICAID
PROGRAM.—The
term
24
‘Medicaid program’ means the program of med-
25
ical assistance under a State plan established
26
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under title XIX of the Social Security Act (42
1
U.S.C. 1396 et seq.).
2
‘‘(D) SPECIAL SUPPLEMENTAL NUTRITION
3
PROGRAM.—The term ‘special supplemental nu-
4
trition program’ means the special supplemental
5
nutrition program for women, infants, and chil-
6
dren established by this section.
7
‘‘(E) SUPPLEMENTAL NUTRITION ASSIST-
8
ANCE PROGRAM.—The term ‘supplemental nu-
9
trition assistance program’ means the supple-
10
mental nutrition assistance program under the
11
Food and Nutrition Act of 2008 (7 U.S.C.
12
2011 et seq.).
13
‘‘(2) REPORT ON CROSS-ENROLLMENT.—
14
‘‘(A) IN GENERAL.—Not later than April
15
30, 2022, and April 30 of each year thereafter,
16
the Secretary shall gather the data and conduct
17
the analyses necessary to submit to the Com-
18
mittees on Agriculture, Nutrition, and Forestry
19
and Finance of the Senate and the Committees
20
on Agriculture, Education and Labor, and En-
21
ergy and Commerce of the House of Represent-
22
atives a report that measures and describes the
23
extent to which eligible women and children re-
24
ceiving benefits under the supplemental nutri-
25
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tion assistance program or Medicaid benefits
1
are certified to participate in the special supple-
2
mental nutrition program.
3
‘‘(B) SPECIFIC
MEASURES.—Each report
4
under subparagraph (A) shall include, for each
5
State and each category of individual described
6
in clauses (i) through (iv) of paragraph
7
(1)(A)—
8
‘‘(i) the average monthly number of
9
eligible women and children that received
10
benefits under the supplemental nutrition
11
assistance program in the preceding year;
12
‘‘(ii) the average monthly number of
13
eligible women and children that received
14
Medicaid benefits in the preceding year
15
and the income of which was less than the
16
limit described in subsection (d)(2)(A)(i);
17
and
18
‘‘(iii) the percentage of the eligible
19
women and children—
20
‘‘(I) described in clause (i) that
21
were certified to receive benefits under
22
the special supplemental nutrition
23
program in the preceding year; and
24
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‘‘(II) described in clause (ii) that
1
were certified to receive benefits under
2
the special supplemental nutrition
3
program in the preceding year.
4
‘‘(C) CROSS-ENROLLMENT GAINS.—Begin-
5
ning with the second report submitted under
6
subparagraph (A), each report submitted under
7
that subparagraph shall identify each State in
8
which a percentage described in subclause (I) or
9
(II) of subparagraph (B)(iii) increased by 5
10
percentage points from the previous year.
11
‘‘(D)
BEST
PRACTICES.—Each
report
12
under subparagraph (A) shall include a descrip-
13
tion of best practices to facilitate certification
14
under the special supplemental nutrition pro-
15
gram of eligible women and children that re-
16
ceive benefits under the supplemental nutrition
17
assistance program or Medicaid benefits.
18
‘‘(E) FUNDING.—Of the funds authorized
19
to be appropriated under subsection (g)(1)(A),
20
the Secretary shall use $2,000,000 to carry out
21
this paragraph, to remain available until ex-
22
pended, of which not less than $500,000 shall
23
be used to support State provision of data
24
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under paragraph (7)(A), to remain available
1
until expended.
2
‘‘(3) CROSS-ENROLLMENT PLANS; GRANTS.—
3
‘‘(A) CROSS-ENROLLMENT
PLANS.—Not
4
later than April 20, 2023, and April 30 of each
5
year thereafter, each State shall submit to the
6
Secretary, and implement on approval of the
7
Secretary, an annual cross-enrollment plan that
8
includes—
9
‘‘(i) goals for increasing each percent-
10
age described in paragraph (2)(B)(iii);
11
‘‘(ii) measures to be carried out by the
12
State to achieve those goals, including by
13
making improvements or modifications to
14
information systems, data matching, or en-
15
hancing referrals; and
16
‘‘(iii) a timeline for the State to im-
17
plement the measures described in clause
18
(ii).
19
‘‘(B) CROSS-ENROLLMENT GRANTS.—
20
‘‘(i) IN
GENERAL.—The Secretary
21
shall award competitive grants to States
22
(including State agencies that administer
23
the supplemental nutrition assistance pro-
24
gram, the Medicaid program, or the special
25
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supplemental nutrition program in the
1
State) to implement the cross-enrollment
2
plan described in subparagraph (A) of the
3
State or to increase any percentage de-
4
scribed in paragraph (2)(B)(iii).
5
‘‘(ii) USE OF FUNDS.—A State shall
6
use grant funds awarded under clause (i)
7
to pay costs relating to implementing the
8
cross-enrollment plan of the State or in-
9
creasing any percentage described in para-
10
graph (2)(B)(iii), including the cost of—
11
‘‘(I) making technology improve-
12
ments;
13
‘‘(II) analyzing data relating to
14
cross-enrollment in the supplemental
15
nutrition
assistance
program,
the
16
Medicaid program, and the special
17
supplemental nutrition program;
18
‘‘(III) providing training or tech-
19
nical assistance to local agencies;
20
‘‘(IV) sharing information among
21
State administrators of the supple-
22
mental nutrition assistance program,
23
the Medicaid program, and the special
24
supplemental nutrition program;
25
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‘‘(V) establishing more robust re-
1
ferrals; and
2
‘‘(VI) conducting targeted out-
3
reach to potential recipients of bene-
4
fits under the special supplemental
5
nutrition program.
6
‘‘(iii) REPORT.—Not later than De-
7
cember 31, 2024, the Secretary shall sub-
8
mit to the Committees on Agriculture, Nu-
9
trition, and Forestry and Finance of the
10
Senate and the Committees on Agriculture,
11
Education and Labor, and Energy and
12
Commerce of the House of Representatives
13
a report that describes the results of the
14
use of grant funds under this subpara-
15
graph.
16
‘‘(iv) FUNDING.—Of the funds au-
17
thorized to be appropriated under sub-
18
section (g)(1)(A) for fiscal year 2021, the
19
Secretary shall use $15,000,000 to carry
20
out this subparagraph, to remain available
21
until expended, of which not more than 10
22
percent shall be used for administrative
23
costs.
24
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‘‘(v) TECHNICAL
ASSISTANCE.—The
1
Secretary shall provide, on request, tech-
2
nical assistance to a State or State agency
3
that seeks to apply for a grant described in
4
clause (i).
5
‘‘(4) TECHNICAL AND OTHER ASSISTANCE.—
6
‘‘(A) IN
GENERAL.—The Secretary shall
7
provide technical or training assistance to a
8
State or State agency, as applicable, receiving a
9
grant under paragraph (3)(B), and other
10
States, as appropriate, to increase any percent-
11
age described in paragraph (2)(B)(iii).
12
‘‘(B) OTHER ASSISTANCE.—The Secretary
13
may—
14
‘‘(i) disseminate to States and rel-
15
evant State agencies the best practices de-
16
scribed in paragraph (2)(D);
17
‘‘(ii) assess the effectiveness of the ef-
18
forts of the State or State agency to in-
19
crease the percentage described in sub-
20
paragraph (A);
21
‘‘(iii) assist State agencies in devel-
22
oping a cross-enrollment plan described in
23
paragraph (3)(A); and
24
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‘‘(iv) conduct any other activity to fa-
1
cilitate certification under the special sup-
2
plemental nutrition program of eligible
3
women and children that receive benefits
4
under the supplemental nutrition assist-
5
ance program or Medicaid benefits, as de-
6
termined by the Secretary.
7
‘‘(C) FUNDING.—Of the funds authorized
8
to be appropriated under subsection (g)(1)(A),
9
the Secretary shall use $2,000,000 to carry out
10
this paragraph, to remain available until ex-
11
pended.
12
‘‘(5) REFERRALS
OF
ELIGIBLE
WOMEN
AND
13
CHILDREN.—
14
‘‘(A) IN GENERAL.—Each State that ad-
15
ministers the supplemental nutrition assistance
16
program or Medicaid program shall—
17
‘‘(i) identify individuals who—
18
‘‘(I)(aa) apply or reapply for ben-
19
efits under the supplemental nutrition
20
assistance program or Medicaid bene-
21
fits, as applicable; and
22
‘‘(bb) are certified to receive ben-
23
efits under the special supplemental
24
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nutrition program at the time of ap-
1
plication or reapplication; and
2
‘‘(II)(aa) apply or reapply for
3
benefits under the supplemental nutri-
4
tion assistance program or Medicaid
5
benefits, as applicable; and
6
‘‘(bb) are not certified to receive
7
benefits under the special supple-
8
mental nutrition program at the time
9
of application or reapplication under
10
subparagraph (A); and
11
‘‘(ii) develop a policy to refer to the
12
special supplemental nutrition program all
13
eligible women and children identified
14
under clause (i)(II).
15
‘‘(B) REPORT.—Not later than December
16
31, 2021, and each year thereafter, each State
17
described in subparagraph (A) shall report to
18
the Secretary—
19
‘‘(i) the number of individuals identi-
20
fied under subclauses (I) and (II) of sub-
21
paragraph (A)(i); and
22
‘‘(ii) the number and type of referrals
23
made to the special supplemental nutrition
24
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program under a policy developed under
1
subparagraph (A)(ii).
2
‘‘(6) STUDY ON THE IMPORTANCE OF MEETING
3
THE
NUTRITIONAL
NEEDS
OF
PREGNANT
WOMEN
4
AND YOUNG CHILDREN.—
5
‘‘(A) IN
GENERAL.—Not later than De-
6
cember 31, 2021, the Secretary shall submit to
7
the Committee on Agriculture, Nutrition, and
8
Forestry of the Senate and the Committees on
9
Agriculture and Education and Labor of the
10
House of Representatives a report that de-
11
scribes—
12
‘‘(i) the importance of adequate and
13
sound nutrition during pregnancy, the
14
postpartum period, and early childhood to
15
birth outcomes, child development, ongoing
16
health, and economic stability;
17
‘‘(ii) the manner in which the special
18
supplemental nutrition program works in
19
combination with the supplemental nutri-
20
tion assistance program and the Medicaid
21
program to support adequate and sound
22
nutrition for eligible women and children
23
that receive benefits under those programs;
24
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‘‘(iii) research findings on the short-
1
and long-term outcomes associated with re-
2
ceiving benefits under the programs de-
3
scribed in clause (ii) during pregnancy and
4
early childhood years; and
5
‘‘(iv) recommendations on how the
6
supplemental nutrition assistance program,
7
the Medicaid program, and the special sup-
8
plemental nutrition program can more ef-
9
fectively ensure that recipients of benefits
10
under the supplemental nutrition assist-
11
ance program or Medicaid benefits that are
12
also eligible for benefits under the special
13
supplemental nutrition program can be
14
certified more expeditiously during the crit-
15
ical developmental periods of pregnancy
16
and early childhood.
17
‘‘(B) FUNDING.—Of the funds authorized
18
to be appropriated under subsection (g)(1)(A)
19
for fiscal year 2021, the Secretary shall use
20
$2,000,000 to carry out this paragraph, to re-
21
main available until expended.
22
‘‘(7) DATA FROM STATES.—
23
‘‘(A) IN GENERAL.—Each State shall pro-
24
vide to the Secretary any data necessary to con-
25
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