II 117th CONGRESS 1st Session S. 3226 IN THE SENATE OF THE UNITED STATES November 17, 2021 Mrs. Gillibrand (for herself and Mr. Marshall ) 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 permit video or telephone certifications under the special supplemental nutrition program for women, infants, and children, and for other purposes.

1. Short title This Act may be cited as the More Options to Develop and Enhance Remote Nutrition in WIC Act of 2021 or the MODERN WIC Act of 2021 . 2. Presence at certification (a) In general Section 17(d)(3)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(C) ) is amended— (1) in the subparagraph heading, by striking Physical presence and inserting Presence ; (2) in clause (i), by striking physically present at each certification or recertification determination and inserting present at each certification or recertification, either in person or through video technology permitting 2-way, real-time interactive communications, ; and (3) in clause (ii)— (A) in subclause (I), in the matter preceding item (aa), by striking an infant or child and inserting any eligible individual ; (B) by redesignating subclauses (I) through (III) as subclauses (II) through (IV), respectively; and (C) by inserting before subclause (II) (as so redesignated) the following: (I) any eligible individual— (aa) who completes the certification process through a telephone appointment or other remote technology; and (bb) for whom all necessary certification information is obtained not more than 90 days before or after the certification appointment; . (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). 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 ; 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 vouchers (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). 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 2023 through 2028 ; 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, 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 costs; and . 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 Labor 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— (A) to certify program participants for program services using remote technologies; (B) to incorporate the use of digital tools into the program certification process; (C) to integrate nutrition education and breastfeeding support services for program participants into remote technologies and platforms; and (D) to securely manage program participant data.