II 

117TH CONGRESS 

1ST SESSION S. 853 

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 SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Mr. CASEY (for himself and Ms. COLLINS) 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wise Investment in 

5 Children Act of 2021’’ or the ‘‘WIC Act of 2021’’. 


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1 SEC. 2. AGE OF ELIGIBILITY FOR CHILDREN UNDER THE 

2 SPECIAL SUPPLEMENTAL NUTRITION PRO3 GRAM. 

4 (a) DEFINITION OF CHILD.—Section 17 of the Child 

5 Nutrition Act of 1966 (42 U.S.C. 1786) is amended— 

6 (1) in subsection (b), by striking paragraph (2) 

7 and inserting the following: 

8 ‘‘(2) CHILD.—The term ‘child’ means— 

9 ‘‘(A) a person who has attained their first 

10 birthday but has not yet attained their fifth 

11 birthday; and 

12 ‘‘(B) for purposes of subsection 

13 (d)(3)(A)(iii)(II), a person who has attained 

14 their first birthday but has not yet attained 

15 their sixth birthday.’’; 

16 (2) in subsection (e)(4)(A), by striking ‘‘up to 

17 age 5’’; and 

18 (3) in subsection (f)(7)(D)(i), by striking 

19 ‘‘under the age of 5’’. 

20 (b) CERTIFICATION.—Section 17(d)(3)(A)(iii) of the 

21 Child Nutrition Act of 1966 (42 U.S.C. 

22 1786(d)(3)(A)(iii)) is amended— 

23 (1) by striking ‘‘A State’’ and inserting the fol24 lowing: 

25 ‘‘(I) IN GENERAL.—A State’’; 

26 and 


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1 (2) by adding at the end the following: 

2 ‘‘(II) 5-YEAR-OLD CHILDREN.— 

3 ‘‘(aa) IN GENERAL.—Sub4 ject to a waiver under clause (vi), 

5 not later than October 1, 2026, a 

6 State shall certify a participant 

7 child who has had a fifth birth8 day but has not yet attained 

9 their sixth birthday, during the 

10 period that ends on the earlier 

11 of— 

12 ‘‘(AA) the sixth birth13 day of the child; and 

14 ‘‘(BB) the first date on 

15 which the child attends full 

16 day kindergarten. 

17 ‘‘(bb) REQUIREMENTS.— 

18 Each State that certifies a child 

19 under item (aa) shall— 

20 ‘‘(AA) ensure that the 

21 participant child receives re22 quired health and nutrition 

23 assessments; and 

24 ‘‘(BB) establish a sys25 tem to determine the first 


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1 date on which a participant 

2 child attends full day kin3 dergarten.’’. 

4 (c) CONFORMING AMENDMENT.—Section 

5 1902(a)(53)(A) of the Social Security Act (42 U.S.C. 

6 1396a(a)(53)(A)) is amended by striking ‘‘below the age 

7 of 5’’ and inserting ‘‘(as defined in that section)’’. 

8 SEC. 3. CERTIFICATION OF INFANTS. 

9 (a) DEFINITION OF INFANT.—Section 17(b) of the 

10 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is 

11 amended by striking paragraph (5) and inserting the fol12 lowing: 

13 ‘‘(5) INFANT.—The term ‘infant’ means— 

14 ‘‘(A) a person under 1 year of age; and 

15 ‘‘(B) for purposes of subsection (d), a per16 son under 2 years of age.’’. 

17 (b) CERTIFICATION.—Section 17(d)(3)(A) of the 

18 Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) 

19 is amended by adding at the end the following: 

20 ‘‘(iv) INFANTS.— 

21 ‘‘(I) IN GENERAL.—Subject to a 

22 waiver under clause (vi), not later 

23 than October 1, 2026, a State shall 

24 certify an infant for a period of not 

25 more than 2 years. 


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1 ‘‘(II) ASSESSMENTS.—In certi2 fying an infant under subclause (I), a 

3 State shall ensure that the infant re4 ceives required health and nutrition 

5 assessments.’’. 

6 SEC. 4. EXTENSION OF POSTPARTUM PERIOD. 

7 (a) BREASTFEEDING WOMEN.— 

8 (1) DEFINITION OF BREASTFEEDING WOMAN.— 

9 Section 17(b) of the Child Nutrition Act of 1966 (42 

10 U.S.C. 1786(b)) is amended by striking paragraph 

11 (1) and inserting the following: 

12 ‘‘(1) BREASTFEEDING WOMAN.—The term 

13 ‘breastfeeding woman’ means— 

14 ‘‘(A) a woman who is not more than 1 year 

15 postpartum and is breastfeeding the infant of 

16 the woman; and 

17 ‘‘(B) for purposes of subsection (d), a 

18 woman who is not more than 2 years 

19 postpartum and is breastfeeding the infant of 

20 the woman.’’. 

21 (2) CERTIFICATION.—Section 17(d)(3)(A)(ii) of 

22 the Child Nutrition Act of 1966 (42 U.S.C. 

23 1786(d)(3)(A)(ii)) is amended by striking ‘‘1 year’’ 

24 and all that follows through ‘‘earlier’’ and inserting 

25 ‘‘not more than 2 years postpartum’’. 


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1 (b) POSTPARTUM WOMEN.— 

2 (1) DEFINITION OF POSTPARTUM WOMAN.— 

3 Section 17(b) of the Child Nutrition Act of 1966 (42 

4 U.S.C. 1786(b)) is amended by striking paragraph 

5 (10) and inserting the following: 

6 ‘‘(10) POSTPARTUM WOMAN.—The term 

7 ‘postpartum woman’ means— 

8 ‘‘(A) a woman up to 6 months after termi9 nation of pregnancy; and 

10 ‘‘(B) for purposes of subsection (d), a 

11 woman up to 2 years after termination of preg12 nancy.’’. 

13 (2) CERTIFICATION.—Section 17(d)(3)(A) of 

14 the Child Nutrition Act of 1966 (42 U.S.C. 

15 1786(d)(3)(A)) (as amended by section 3(b)) is 

16 amended by adding at the end the following: 

17 ‘‘(v) POSTPARTUM WOMEN.—Subject 

18 to a waiver under clause (vi), not later 

19 than October 1, 2026, a State shall certify 

20 a postpartum woman for a period of up to 

21 2 years after the termination of pregnancy 

22 of the postpartum woman.’’. 


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1 SEC. 5. WAIVER FOR CERTIFICATION. 

2 Section 17(d)(3)(A) of the Child Nutrition Act of 

3 1966 (42 U.S.C. 1786(d)(3)(A)) (as amended by section 

4 4(b)(2)) is amended— 

5 (1) in clause (i), by striking ‘‘clause (ii)’’ and 

6 inserting ‘‘this subparagraph’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(vi) WAIVER.— 

9 ‘‘(I) IN GENERAL.—The Sec10 retary may grant a waiver to a State 

11 agency, on request, that waives the 

12 certification deadline requirement de13 scribed in clause (iii), (iv), or (v). 

14 ‘‘(II) SPECIFIC DATE.—A State 

15 agency requesting a waiver under sub16 clause (I) shall specify a date by 

17 which the State agency anticipates 

18 that it will implement the certification 

19 requirement under clause (iii), (iv), or 

20 (v) for which it seeks a waiver. 

21 ‘‘(III) ELIGIBILITY FOR WAIV22 ER.—To be eligible for a waiver under 

23 subclause (I), a State agency shall 

24 demonstrate to the satisfaction of the 

25 Secretary 1 or more of the following: 


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1 ‘‘(aa) There are unusual 

2 technological barriers to imple3 mentation. 

4 ‘‘(bb) Operational costs are 

5 not affordable within the nutri6 tion services and administration 

7 grant of the State agency. 

8 ‘‘(cc) It is in the best inter9 est of the program for the Sec10 retary to grant the waiver.’’. 

Æ 


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