119-hr1464

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

    (IH) ]

<DOC>

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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