II 118th CONGRESS 1st Session S. 984 IN THE SENATE OF THE UNITED STATES March 27, 2023 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 2023 or the MODERN WIC Act of 2023 . 2. Redefining presence at certification (a) In general Section 17(d)(3) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3) ) is amended by striking subparagraph (C) and inserting the following: (C) Presence for certain determinations and evaluations (i) In general Each individual seeking certification, recertification, or a nutritional risk evaluation for participation in the program authorized under this section shall be provided an appointment that is, at the option of the individual, through any of the following formats: (I) In person. (II) By telephone. (III) Through video technology that permits 2-way, real-time interactive communications. (IV) Through other formats that permit 2-way, real-time interactive communications, as determined by the Secretary. (ii) ADA compliance Any format made available for an appointment under clause (i) shall be accessible to an individual in accordance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (iii) Nutritional risk evaluations for remote certification If an individual certifies for participation in the program under clause (i) through a format other than in-person, the State agency shall— (I) plan to collect the anthropometric data necessary to evaluate the nutritional risk of that individual within 30 days of the appointment; and (II) collect such data not later than 90 days after the appointment. (iv) Interim eligibility for nutritional risk (I) In general A State agency may— (aa) consider an applicant who meets the income eligibility standards under this section to be temporarily eligible on an interim basis to participate in the program authorized under this section; and (bb) temporarily certify that individual for participation in the program immediately, without delaying temporary certification until a nutritional risk evaluation is carried out. (II) Timing for nutritional risk evaluation A nutritional risk evaluation for an individual temporarily certified pursuant to subclause (I) shall be completed not later than 90 days after the date of temporary certification of the individual. (III) Termination of temporary certification The temporary certification of an individual certified pursuant to subclause (I) shall terminate on the earliest of— (aa) 91 days after the date of temporary certification if the State agency does not collect data on the individual pursuant to clause (iii); and (bb) the date of a determination by the State agency that the individual does not meet the nutritional risk criteria. . (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 by mail, remote issuance, or other means ; 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 food instruments (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 the food instruments, such as through mailing or remote issuance. . (b) Regulations The Secretary of Agriculture shall revise section 246.12(r) of title 7, Code of Federal Regulations, by striking paragraph (4). 4. Report to Congress (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture 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.