[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3226 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3226

 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

                           November 17, 2021

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``More Options to Develop and Enhance 
Remote Nutrition in WIC Act of 2021'' or the ``MODERN WIC Act of 
2021''.

SEC. 2. PRESENCE AT CERTIFICATION.

    (a) In General.--Section 17(d)(3)(C) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(d)(3)(C)) is amended--
            (1) in the subparagraph heading, by striking ``Physical 
        presence'' and inserting ``Presence'';
            (2) in clause (i), by striking ``physically present at each 
        certification or recertification determination'' and inserting 
        ``present at each certification or recertification, either in 
        person or through video technology permitting 2-way, real-time 
        interactive communications,''; and
            (3) in clause (ii)--
                    (A) in subclause (I), in the matter preceding item 
                (aa), by striking ``an infant or child'' and inserting 
                ``any eligible individual'';
                    (B) by redesignating subclauses (I) through (III) 
                as subclauses (II) through (IV), respectively; and
                    (C) by inserting before subclause (II) (as so 
                redesignated) the following:
                                    ``(I) any eligible individual--
                                            ``(aa) who completes the 
                                        certification process through a 
                                        telephone appointment or other 
                                        remote technology; and
                                            ``(bb) for whom all 
                                        necessary certification 
                                        information is obtained not 
                                        more than 90 days before or 
                                        after the certification 
                                        appointment;''.
    (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''; 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 vouchers.--
                            ``(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. ANNUAL INVESTMENT IN WIC TECHNOLOGIES.

    Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(h)) is amended--
            (1) in paragraph (2)(B)--
                    (A) by striking clause (ii); and
                    (B) by striking the subparagraph designation and 
                all that follows through ``clause (ii) and'' and 
                inserting the following:
                    ``(B) Allocation for nutrition services and 
                administration.--Except as provided in''; and
            (2) in paragraph (10)--
                    (A) in subparagraph (A), by striking ``2010 through 
                2015'' and inserting ``2023 through 2028''; and
                    (B) in subparagraph (B), by striking clause (ii) 
                and inserting the following:
                            ``(ii) $60,000,000 shall be used to 
                        establish, develop, improve, replace, or 
                        administer technology platforms, including 
                        management information systems, that enhance 
                        program services, access to the program, or 
                        redemption of benefits, of which up to 
                        $5,000,000 may be used for Federal 
                        administrative costs; and''.

SEC. 5. 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 Labor 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--
                    (A) to certify program participants for program 
                services using remote technologies;
                    (B) to incorporate the use of digital tools into 
                the program certification process;
                    (C) to integrate nutrition education and 
                breastfeeding support services for program participants 
                into remote technologies and platforms; and
                    (D) to securely manage program participant data.
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