[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 853 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 853
To amend the Child Nutrition Act of 1966 to increase the age of
eligibility for children to receive benefits under the special
supplemental nutrition program for women, infants, and children, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2021
Mr. Casey (for himself and Ms. Collins) 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 increase the age of
eligibility for children to receive benefits 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 ``Wise Investment in Children Act of
2021'' or the ``WIC Act of 2021''.
SEC. 2. AGE OF ELIGIBILITY FOR CHILDREN UNDER THE SPECIAL SUPPLEMENTAL
NUTRITION PROGRAM.
(a) Definition of Child.--Section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786) is amended--
(1) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Child.--The term `child' means--
``(A) a person who has attained their first
birthday but has not yet attained their fifth birthday;
and
``(B) for purposes of subsection
(d)(3)(A)(iii)(II), a person who has attained their
first birthday but has not yet attained their sixth
birthday.'';
(2) in subsection (e)(4)(A), by striking ``up to age 5'';
and
(3) in subsection (f)(7)(D)(i), by striking ``under the age
of 5''.
(b) Certification.--Section 17(d)(3)(A)(iii) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended--
(1) by striking ``A State'' and inserting the following:
``(I) In general.--A State''; and
(2) by adding at the end the following:
``(II) 5-year-old children.--
``(aa) In general.--Subject
to a waiver under clause (vi),
not later than October 1, 2026,
a State shall certify a
participant child who has had a
fifth birthday but has not yet
attained their sixth birthday,
during the period that ends on
the earlier of--
``(AA) the sixth
birthday of the child;
and
``(BB) the first
date on which the child
attends full day
kindergarten.
``(bb) Requirements.--Each
State that certifies a child
under item (aa) shall--
``(AA) ensure that
the participant child
receives required
health and nutrition
assessments; and
``(BB) establish a
system to determine the
first date on which a
participant child
attends full day
kindergarten.''.
(c) Conforming Amendment.--Section 1902(a)(53)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(53)(A)) is amended by striking ``below
the age of 5'' and inserting ``(as defined in that section)''.
SEC. 3. CERTIFICATION OF INFANTS.
(a) Definition of Infant.--Section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)) is amended by striking paragraph (5) and
inserting the following:
``(5) Infant.--The term `infant' means--
``(A) a person under 1 year of age; and
``(B) for purposes of subsection (d), a person
under 2 years of age.''.
(b) Certification.--Section 17(d)(3)(A) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at the end the
following:
``(iv) Infants.--
``(I) In general.--Subject to a
waiver under clause (vi), not later
than October 1, 2026, a State shall
certify an infant for a period of not
more than 2 years.
``(II) Assessments.--In certifying
an infant under subclause (I), a State
shall ensure that the infant receives
required health and nutrition
assessments.''.
SEC. 4. EXTENSION OF POSTPARTUM PERIOD.
(a) Breastfeeding Women.--
(1) Definition of breastfeeding woman.--Section 17(b) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended
by striking paragraph (1) and inserting the following:
``(1) Breastfeeding woman.--The term `breastfeeding woman'
means--
``(A) a woman who is not more than 1 year
postpartum and is breastfeeding the infant of the
woman; and
``(B) for purposes of subsection (d), a woman who
is not more than 2 years postpartum and is
breastfeeding the infant of the woman.''.
(2) Certification.--Section 17(d)(3)(A)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended
by striking ``1 year'' and all that follows through ``earlier''
and inserting ``not more than 2 years postpartum''.
(b) Postpartum Women.--
(1) Definition of postpartum woman.--Section 17(b) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by
striking paragraph (10) and inserting the following:
``(10) Postpartum woman.--The term `postpartum woman'
means--
``(A) a woman up to 6 months after termination of
pregnancy; and
``(B) for purposes of subsection (d), a woman up to
2 years after termination of pregnancy.''.
(2) Certification.--Section 17(d)(3)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) (as amended by
section 3(b)) is amended by adding at the end the following:
``(v) Postpartum women.--Subject to a
waiver under clause (vi), not later than
October 1, 2026, a State shall certify a
postpartum woman for a period of up to 2 years
after the termination of pregnancy of the
postpartum woman.''.
SEC. 5. WAIVER FOR CERTIFICATION.
Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)(A)) (as amended by section 4(b)(2)) is amended--
(1) in clause (i), by striking ``clause (ii)'' and
inserting ``this subparagraph''; and
(2) by adding at the end the following:
``(vi) Waiver.--
``(I) In general.--The Secretary
may grant a waiver to a State agency,
on request, that waives the
certification deadline requirement
described in clause (iii), (iv), or
(v).
``(II) Specific date.--A State
agency requesting a waiver under
subclause (I) shall specify a date by
which the State agency anticipates that
it will implement the certification
requirement under clause (iii), (iv),
or (v) for which it seeks a waiver.
``(III) Eligibility for waiver.--To
be eligible for a waiver under
subclause (I), a State agency shall
demonstrate to the satisfaction of the
Secretary 1 or more of the following:
``(aa) There are unusual
technological barriers to
implementation.
``(bb) Operational costs
are not affordable within the
nutrition services and
administration grant of the
State agency.
``(cc) It is in the best
interest of the program for the
Secretary to grant the
waiver.''.
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