[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3364 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3364

    To amend the Child Nutrition Act of 1966 to increase the age of 
    eligibility for children to receive benefits under the special 
 supplemental nutrition program for women, infants, and children, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2023

    Ms. DeLauro (for herself, Ms. Sanchez, Mrs. Gonzalez-Colon, Ms. 
Schrier, and Mr. Fitzpatrick) 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 increase the age of 
    eligibility for children to receive benefits 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 ``Wise Investment in Children Act of 
2023'' or the ``WIC Act of 2023''.

SEC. 2. AGE OF ELIGIBILITY FOR CHILDREN UNDER THE SPECIAL SUPPLEMENTAL 
              NUTRITION PROGRAM.

    (a) Definition of Child.--Section 17 of the Child Nutrition Act of 
1966 (42 U.S.C. 1786) is amended--
            (1) in subsection (b), by striking paragraph (2) and 
        inserting the following:
            ``(2) Child.--The term `child' means--
                    ``(A) a person who has attained their first 
                birthday but has not yet attained their fifth birthday; 
                and
                    ``(B) for purposes of subsection 
                (d)(3)(A)(iii)(II), a person who has attained their 
                first birthday but has not yet attained their sixth 
                birthday.'';
            (2) in subsection (e)(4)(A), by striking ``up to age 5''; 
        and
            (3) in subsection (f)(7)(D)(i), by striking ``under the age 
        of 5''.
    (b) Certification.--Section 17(d)(3)(A)(iii) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended--
            (1) by striking ``A State'' and inserting the following:
                                    ``(I) In general.--A State''; and
            (2) by adding at the end the following:
                                    ``(II) 5-year-old children.--
                                            ``(aa) In general.--Subject 
                                        to a waiver under clause (vi), 
                                        beginning not later than 
                                        October 1, 2028, a State shall 
                                        certify a participant child who 
                                        has had a fifth birthday but 
                                        has not yet attained their 
                                        sixth birthday, during the 
                                        period that ends on the earlier 
                                        of--

                                                    ``(AA) the sixth 
                                                birthday of the child; 
                                                and

                                                    ``(BB) the first 
                                                date on which the child 
                                                attends full day 
                                                kindergarten.

                                            ``(bb) Requirements.--Each 
                                        State that certifies a child 
                                        under item (aa) shall--

                                                    ``(AA) ensure that 
                                                the participant child 
                                                receives required 
                                                health and nutrition 
                                                assessments; and

                                                    ``(BB) establish a 
                                                system to determine the 
                                                first date on which a 
                                                participant child 
                                                attends full day 
                                                kindergarten.''.

    (c) Conforming Amendment.--Section 1902(a)(53)(A) of the Social 
Security Act (42 U.S.C. 1396a(a)(53)(A)) is amended by striking ``below 
the age of 5'' and inserting ``(as defined in that section)''.

SEC. 3. CERTIFICATION OF INFANTS.

    (a) Definition of Infant.--Section 17(b) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786(b)) is amended by striking paragraph (5) and 
inserting the following:
            ``(5) Infant.--The term `infant' means--
                    ``(A) a person under 1 year of age; and
                    ``(B) for purposes of subsection (d), a person 
                under 2 years of age.''.
    (b) Certification.--Section 17(d)(3)(A) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at the end the 
following:
                            ``(iv) Infants.--
                                    ``(I) In general.--Subject to a 
                                waiver under clause (vi), beginning not 
                                later than October 1, 2028, a State 
                                shall certify an infant for a period of 
                                not more than 2 years.
                                    ``(II) Assessments.--In certifying 
                                an infant under subclause (I), a State 
                                shall ensure that the infant receives 
                                required health and nutrition 
                                assessments.''.

SEC. 4. EXTENSION OF POSTPARTUM PERIOD.

    (a) Breastfeeding Women.--
            (1) Definition of breastfeeding woman.--Section 17(b) of 
        the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended 
        by striking paragraph (1) and inserting the following:
            ``(1) Breastfeeding woman.--The term `breastfeeding woman' 
        means--
                    ``(A) a woman who is not more than 1 year 
                postpartum and is breastfeeding the infant of the 
                woman; and
                    ``(B) for purposes of subsection (d), a woman who 
                is not more than 2 years postpartum and is 
                breastfeeding the infant of the woman.''.
            (2) Certification.--Section 17(d)(3)(A)(ii) of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended 
        by striking ``1 year'' and all that follows through ``earlier'' 
        and inserting ``not more than 2 years postpartum''.
    (b) Postpartum Women.--
            (1) Definition of postpartum woman.--Section 17(b) of the 
        Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by 
        striking paragraph (10) and inserting the following:
            ``(10) Postpartum woman.--The term `postpartum woman' 
        means--
                    ``(A) a woman up to 6 months after termination of 
                pregnancy; and
                    ``(B) for purposes of subsection (d), a woman up to 
                2 years after termination of pregnancy.''.
            (2) Certification.--Section 17(d)(3)(A) of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) (as amended by 
        section 3(b)) is amended by adding at the end the following:
                            ``(v) Postpartum women.--Subject to a 
                        waiver under clause (vi), beginning not later 
                        than October 1, 2028, a State shall certify a 
                        postpartum woman for a period of up to 2 years 
                        after the termination of pregnancy of the 
                        postpartum woman.''.

SEC. 5. WAIVER FOR CERTIFICATION.

    Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(d)(3)(A)) (as amended by section 4(b)(2)) is amended--
            (1) in clause (i), by striking ``clause (ii)'' and 
        inserting ``this subparagraph''; and
            (2) by adding at the end the following:
                            ``(vi) Waiver.--
                                    ``(I) In general.--The Secretary 
                                may grant a waiver to a State agency, 
                                on request, that waives the 
                                certification deadline requirement 
                                described in clause (iii), (iv), or 
                                (v).
                                    ``(II) Specific date.--A State 
                                agency requesting a waiver under 
                                subclause (I) shall specify a date by 
                                which the State agency anticipates that 
                                it will implement the certification 
                                requirement under clause (iii), (iv), 
                                or (v) for which it seeks a waiver.
                                    ``(III) Eligibility for waiver.--To 
                                be eligible for a waiver under 
                                subclause (I), a State agency shall 
                                demonstrate to the satisfaction of the 
                                Secretary 1 or more of the following:
                                            ``(aa) There are unusual 
                                        technological barriers to 
                                        implementation.
                                            ``(bb) Operational costs 
                                        are not affordable within the 
                                        nutrition services and 
                                        administration grant of the 
                                        State agency.
                                            ``(cc) It is in the best 
                                        interest of the program for the 
                                        Secretary to grant the 
                                        waiver.''.
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