COVID-19 WIC Response Act of 2020

To waive and defer certain requirements under the special supplemental nutrition program for women, infants, and children during certain emergencies, and for other purposes. 1. Short title This Act may be cited as the COVID-19 WIC Response Act of 2020 2. Physical presence waiver under WIC during certain public health emergencies (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary may grant a request described in paragraph (2) to— (A) waive the requirement under subsection (d)(3)(C)(i) of section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(C)(i) (B) defer anthropometric and bloodwork requirements necessary to determine nutritional risk under such section. (2) Request A request described in this paragraph is a request made to the Secretary by a State agency to waive, on behalf of the local agencies served by such State agency, the requirements described in paragraph (1) during any portion of the emergency period (as defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) (b) Reports (1) Local agency reports Each local agency that uses a waiver pursuant to subsection (a) shall, not later than 1 year after the date such local agency uses such waiver, submit a report to the State agency serving such local agency that includes the following: (A) A summary of the use of such waiver by the local agency. (B) A description of whether such waiver resulted in improved services to women, infants, and children. (2) State agency reports Each State agency that receives a waiver under subsection (a), shall, not later than 18 months after the date such State agency received such waiver, submit a report to the Secretary that includes the following: (A) A summary of the reports received by the State agency under paragraph (1). (B) A description of whether such waiver resulted in improved services to women, infants, and children. 3. Administrative requirements waiver under WIC (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary may, if requested by a State agency, modify or waive any qualified administrative requirement with respect to such State agency. (2) Qualified administrative requirement In this section, the term qualified administrative requirement 42 U.S.C. 1786 (A) cannot be met by a State agency due to COVID-19; and (B) the modification or waiver of which is necessary to provide assistance under such section. (b) State agency reports Each State agency that receives a waiver under subsection (a)(1), shall, not later than 1 year after the date such State agency received such waiver, submit a report to the Secretary that includes the following: (1) A summary of the use of such waiver by the State agency. (2) A description of whether such waiver resulted in improved services to women, infants, and children. 4. Definitions In this Act: (1) Local agency The term local agency 42 U.S.C. 1786(b) (2) Nutritional risk The term nutritional risk 42 U.S.C. 1786(b) (3) Secretary The term Secretary (4) State agency The term State agency 42 U.S.C. 1786(b) 5. Sunset The authorities under this Act shall expire on July 31, 2020.

Summary: COVID-19 WIC Response Act of 2020 This bill modifies food and nutrition programs of the Department of Agriculture (USDA) to allow certain waivers and deferments of requirements under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) during public health emergencies, such as the COVID-19 (i.e., coronavirus disease 2019) outbreak. Specifically, USDA may grant waivers allowing participants under WIC to get certified or recertified without being physically present at a WIC clinic; defer anthropometric and bloodwork requirements necessary to determine nutritional risk; and grant waivers from administrative requirements for WIC if it determines that the requirement cannot be met by a state due to COVID-19, and the waiver is necessary to provide assistance under WIC. USDA authority under this bill expires on July 31, 2020.