February 21, 2025
Mr. Fitzpatrick (for himself and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Education and Workforce
To amend the Child Nutrition Act of 1966 to permit video or telephone certifications in the special supplemental nutrition program for women, infants, and children, and for other purposes.
Section 1. Short title
This Act may be cited as the More Options to Develop and Enhance Remote Nutrition in WIC Act of 2025
or the MODERN WIC Act of 2025
.
Sec. 2. Redefining presence at certification
(a) In general
Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended—
(1)
by striking subparagraphs (B) and (C);
(2)
by inserting the following after subparagraph (A):
(B) Presence for certain determinations and evaluations
(i) In general
A State agency shall ensure that appointments for individuals seeking certification, recertification, or a nutritional risk evaluation for participation in the program authorized under this section are offered—
(I)
in-person; and
(II)
either—
(aa)
by telephone;
(bb)
through video technology that permits 2-way, real time interactive communications; or
(cc)
through other formats that permit 2-way, real time interactive communications, as determined by the Secretary.
(ii) ADA compliance
Any format made available for an appointment under clause (i) shall be accessible to an individual in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(iii) Nutritional risk evaluations for virtual certification
If an individual is certified for participation in the program under clause (i) through a format other than in-person, a State agency shall—
(I)
to the maximum extent practicable, collect anthropometric data necessary to evaluate the nutritional risk of that individual within 30 days of the appointment; and
(II)
collect such data not later than 90 days after the appointment.
(iv) Interim eligibility for nutritional risk
(I) In general
A State agency may consider an applicant who meets the income eligibility standards to be temporarily eligible on an interim basis to participate in the program and may certify any such individual for participation immediately, without delaying certification until a nutritional risk evaluation is made.
(II) Nutritional risk evaluation
A nutritional risk evaluation of such individual shall be completed not later than 90 days after the individual is certified for participation pursuant to subclause (I).
(III) Termination
If a State agency does not collect data in accordance with clause (iii)(II) or the individual is subsequently determined to not meet nutritional risk criteria, the certification of that individual shall terminate on the date described in such clause (iii)(II) or the date of such determination, as applicable.; and
(3)
by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively.
(b) Technical amendment
Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended by conforming the margin of subparagraph (B) to the margin of subparagraph (C).
Sec. 3. Remote benefit issuance
(a) In general
Section 17(f)(6)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(6)(B)) is amended—
(1)
in the third sentence—
(A)
by striking vouchers by mail
and inserting food instruments by mail, remote issuance, or other means
; and
(B)
by striking The Secretary
and inserting the following:
(iii) Disapproval of state plan
The Secretary;
(2)
in the second sentence—
(A)
by striking vouchers by mail in its plan
and inserting food instruments by mail, remote issuance, or other means in the State plan
; and
(B)
by striking The State
and inserting the following:
(ii) State plan
The State; and
(3)
by striking (B) State agencies
and all that follows through to obtain vouchers.
and inserting the following:
(B) Delivery of food instruments
(i) In general
State agencies may provide for the delivery of food instruments, including electronic benefit transfer cards, to any participant through means that do not require the participant to travel to the local agency to obtain food instruments, such as through mailing or remote issuance.
(b) Regulations
The Secretary shall revise section 246.12(r) of title 7, Code of Federal Regulations, by striking paragraph (4).
Sec. 4. Report to Congress
(a) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representatives a report on the use of remote technologies under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) (referred to in this section as the program
).
(b) Content of report
The report submitted under subsection (a) shall include a description of—
(1)
the use of remote technologies and other digital tools, including video, telephone, and online platforms—
(A)
to certify eligible individuals for program services; and
(B)
to provide nutrition education and breastfeeding support to program participants;
(2)
the impact of remote technologies, including video, telephone, and online platforms, on certifications, appointments, and participant satisfaction under the program; and
(3)
best practices to—
(A)
certify program participants for program services using remote technologies;
(B)
incorporate the use of digital tools into the program certification process;
(C)
integrate nutrition education and breastfeeding support services for program participants into remote technologies and platforms; and
(D)
securely manage program participant data.