Bill Details

HR.1464 - 119th Congress

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This bill would make it easier for people to apply for and stay enrolled in WIC, the nutrition program for pregnant women, infants, and young children, by allowing more appointments to happen by phone, video, or other live remote tools instead of only in person. It would also let states send food benefits and electronic benefit cards without requiring people to travel to a local office. In some cases, people could be approved right away if they meet the income rules, with the nutrition risk check completed later. The bill also requires the Agriculture Department to report to Congress on how remote technology is being used in WIC and what works best.

  • State agencies would have to offer WIC certification, recertification, and nutrition risk evaluation appointments in person and also through phone, video, or similar two-way live communication methods.
  • Any remote option would need to be accessible for people with disabilities under federal disability laws.
  • If someone is certified remotely, the state would need to gather the physical measurements needed for a nutrition risk check as soon as possible, and no later than 90 days after the appointment.
  • States could temporarily approve eligible applicants right away if they meet income rules, and finish the nutrition risk evaluation later; if the evaluation is not completed on time or the person does not meet the risk rules, the certification would end.
  • States would also be allowed to deliver WIC food benefits, including electronic benefit transfer cards, by mail or other remote methods instead of making participants pick them up in person.
  • Within one year, the Agriculture Department would have to report to Congress on the use of remote tools in WIC, including their effect on appointments, certification, participant satisfaction, and best practices for using digital tools safely.

Official Summaries

More Options to Develop and Enhance Remote Nutrition in WIC Act of 2025 or the MODERN WIC Act of 2025

This bill permanently allows individuals to remotely certify their eligibility for, and receive benefits through, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

Specifically, the bill requires that a state agency allow an individual seeking a WIC certification, recertification, or a nutritional risk evaluation to do so by phone or through video teleconference, in addition to the in-person option.

A state agency has 90 days to collect data for a nutritional risk evaluation for a remotely certified individual. Further, a state agency may consider an applicant who meets the income eligibility standards to be temporarily eligible on an interim basis to participate in the program and may certify the individual for immediate participation without waiting for a nutritional risk evaluation.

The bill also allows states to provide benefits on WIC electronic benefit transfer cards through mail or remote issuance instead of requiring participants to pick up or reload benefits in person at a WIC office.

Further, the Department of Agriculture must report to Congress about the use of remote technologies and other digital tools in the WIC program.

Currently, individuals are generally required to be physically present to certify their WIC eligibility and receive benefits, with exceptions. The Food and Nutrition Service  has temporarily waived these requirements and allowed remote certification and benefits using authorities that were provided by laws that were enacted to address COVID-19.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1464 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1464

 To amend the Child Nutrition Act of 1966 to permit video or telephone 
certifications in the special supplemental nutrition program for women, 
             infants, and children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 21, 2025

Mr. Fitzpatrick (for himself and Ms. Bonamici) introduced the following 
  bill; which was referred to the Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Child Nutrition Act of 1966 to permit video or telephone 
certifications in the special supplemental nutrition program for women, 
             infants, and children, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``More Options to Develop and Enhance 
Remote Nutrition in WIC Act of 2025'' or the ``MODERN WIC Act of 
2025''.

SEC. 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--
            (1) by striking subparagraphs (B) and (C);
            (2) by inserting the following after subparagraph (A):
                    ``(B) Presence for certain determinations and 
                evaluations.--
                            ``(i) In general.--A State agency shall 
                        ensure that appointments for individuals 
                        seeking certification, recertification, or a 
                        nutritional risk evaluation for participation 
                        in the program authorized under this section 
                        are offered--
                                    ``(I) in-person; and
                                    ``(II) either--
                                            ``(aa) by telephone;
                                            ``(bb) through video 
                                        technology that permits 2-way, 
                                        real time interactive 
                                        communications; or
                                            ``(cc) 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 
                        virtual certification.--If an individual is 
                        certified for participation in the program 
                        under clause (i) through a format other than 
                        in-person, a State agency shall--
                                    ``(I) to the maximum extent 
                                practicable, collect 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 consider an applicant who meets the 
                                income eligibility standards to be 
                                temporarily eligible on an interim 
                                basis to participate in the program and 
                                may certify any such individual for 
                                participation immediately, without 
                                delaying certification until a 
                                nutritional risk evaluation is made.
                                    ``(II) Nutritional risk 
                                evaluation.--A nutritional risk 
                                evaluation of such individual shall be 
                                completed not later than 90 days after 
                                the individual is certified for 
                                participation pursuant to subclause 
                                (I).
                                    ``(III) Termination.--If a State 
                                agency does not collect data in 
                                accordance with clause (iii)(II) or the 
                                individual is subsequently determined 
                                to not meet nutritional risk criteria, 
                                the certification of that individual 
                                shall terminate on the date described 
                                in such clause (iii)(II) or the date of 
                                such determination, as applicable.''; 
                                and
            (3) by redesignating subparagraphs (D) through (F) as 
        subparagraphs (C) through (E), respectively.
    (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).

SEC. 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 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).

SEC. 4. 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 the Workforce 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 to--
                    (A) certify program participants for program 
                services using remote technologies;
                    (B) incorporate the use of digital tools into the 
                program certification process;
                    (C) integrate nutrition education and breastfeeding 
                support services for program participants into remote 
                technologies and platforms; and
                    (D) securely manage program participant data.
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