S. 3842

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3842 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 3842

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.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 11, 2026

Mr. Marshall (for himself and Mrs. Gillibrand) 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.

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 ``21st Century WIC Act of 2026''.

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 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).

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 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).

SEC. 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.
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