I 
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. SA´NCHEZ, Mrs. GONZA´LEZ-COLO´N, 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 Representa-
tives 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’’. 
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SEC. 2. AGE OF ELIGIBILITY FOR CHILDREN UNDER THE 
SPECIAL SUPPLEMENTAL NUTRITION PRO-
GRAM. 
(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 fol-
lowing: 
‘‘(I) IN
GENERAL.—A State’’; 
and 
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(2) by adding at the end the following: 
‘‘(II) 5-YEAR-OLD CHILDREN.— 
‘‘(aa) IN
GENERAL.—Sub-
ject 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 at-
tained their sixth birthday, dur-
ing the period that ends on the 
earlier of— 
‘‘(AA) the sixth birth-
day 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 re-
quired health and nutrition 
assessments; and 
‘‘(BB) establish a sys-
tem to determine the first 
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date on which a participant 
child attends full day kin-
dergarten.’’. 
(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 fol-
lowing: 
‘‘(5) INFANT.—The term ‘infant’ means— 
‘‘(A) a person under 1 year of age; and 
‘‘(B) for purposes of subsection (d), a per-
son 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 pe-
riod of not more than 2 years. 
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‘‘(II) ASSESSMENTS.—In certi-
fying an infant under subclause (I), a 
State shall ensure that the infant re-
ceives 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’’. 
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(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 termi-
nation of pregnancy; and 
‘‘(B) for purposes of subsection (d), a 
woman up to 2 years after termination of preg-
nancy.’’. 
(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 pe-
riod of up to 2 years after the termination 
of pregnancy of the postpartum woman.’’. 
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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 Sec-
retary may grant a waiver to a State 
agency, on request, that waives the 
certification deadline requirement de-
scribed in clause (iii), (iv), or (v). 
‘‘(II) SPECIFIC
DATE.—A State 
agency requesting a waiver under sub-
clause (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
WAIV-
ER.—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: 
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‘‘(aa) There are unusual 
technological barriers to imple-
mentation. 
‘‘(bb) Operational costs are 
not affordable within the nutri-
tion services and administration 
grant of the State agency. 
‘‘(cc) It is in the best inter-
est of the program for the Sec-
retary to grant the waiver.’’. 
Æ 
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