[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2424 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2424
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Fitzpatrick (for himself and Ms. Bonamici) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
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.
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 2023'' or the ``MODERN WIC Act of
2023''.
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.--Each individual seeking
certification, recertification, or a
nutritional risk evaluation for participation
in the program authorized under this section
shall be provided an appointment that is, at
the option of the individual--
``(I) in-person, by telephone, or
through video technology that permits
2-way, real time interactive
communications, as determined by the
Secretary; or
``(II) 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
remote 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. 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 ``2024 through 2029''; 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 and systems that
allow for secure communication of information
between health care providers and program
clinics in order to facilitate sharing
information necessary for certification,
establishing nutrition risk, or for the
provision of health care services, 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 cost;''.
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 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.
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