HR1464-119

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.

2. Redefining presence at certification Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended— by striking subparagraphs (B) and (C); by inserting the following after subparagraph (A): 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— in-person; and either— by telephone; through video technology that permits 2-way, real time interactive communications; or through other formats that permit 2-way, real time interactive communications, as determined by the Secretary. 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). If an individual is certified for participation in the program under clause (i) through a format other than in-person, a State agency shall— to the maximum extent practicable, collect anthropometric data necessary to evaluate the nutritional risk of that individual within 30 days of the appointment; and collect such data not later than 90 days after the appointment. 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. 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). 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. by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. 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). (B)Presence for certain determinations and evaluations (i)In generalA 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 complianceAny 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 certificationIf 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 generalA 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 evaluationA 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)TerminationIf 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. Remote benefit issuance Section 17(f)(6)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(6)(B)) is amended— in the third sentence— by striking vouchers by mail and inserting food instruments by mail, remote issuance, or other means; and by striking The Secretary and inserting the following: The Secretary in the second sentence— by striking vouchers by mail in its plan and inserting food instruments by mail, remote issuance, or other means in the State plan; and by striking The State and inserting the following: The State by striking (B) State agencies and all that follows through to obtain vouchers. and inserting the following: 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. The Secretary shall revise section 246.12(r) of title 7, Code of Federal Regulations, by striking paragraph (4). (iii)Disapproval of state planThe Secretary; (ii)State planThe State; and (B)Delivery of food instruments (i)In generalState 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..

4. Report to Congress 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). The report submitted under subsection (a) shall include a description of— the use of remote technologies and other digital tools, including video, telephone, and online platforms— to certify eligible individuals for program services; and to provide nutrition education and breastfeeding support to program participants; the impact of remote technologies, including video, telephone, and online platforms, on certifications, appointments, and participant satisfaction under the program; and best practices to— certify program participants for program services using remote technologies; incorporate the use of digital tools into the program certification process; integrate nutrition education and breastfeeding support services for program participants into remote technologies and platforms; and securely manage program participant data.