The bill amends section 17 of the Child Nutrition Act of 1966 to authorize State WIC agencies to offer certification, recertification, and nutritional-risk evaluations either in-person or via telephone, two-way video, or other two-way real-time communications determined by the Secretary. It requires remote options to comply with the Americans with Disabilities Act and sets timelines for collecting anthropometric data: collect when practicable within 30 days and no later than 90 days after a virtual appointment.
The measure also clarifies that State agencies may deliver food instruments — including mailed cards or remotely issued electronic benefit transfer (EBT) instruments — rather than requiring in-person pickup, and directs the Secretary to adjust an implementing regulation. Finally, it requires USDA to report to Congress within one year on remote technology use, impacts on certifications and participant satisfaction, best practices for remote certification and education, and secure data handling.
The changes shift operational practice for State agencies, local clinics, and vendors and create new implementation, accessibility, and data-security considerations.
At a Glance
What It Does
The bill amends statutory language to require State agencies to offer both in-person and remote (telephone, two-way video, or other two-way real-time) options for WIC certification, recertification, and nutrition-risk evaluation, and lets agencies deliver food instruments via mail or remote issuance rather than requiring clinic pickup. It adds deadlines for collecting anthropometric data for remotely certified participants and creates an interim income-based eligibility mechanism pending nutritional-risk data.
Who It Affects
State WIC agencies and local WIC clinics, USDA Food and Nutrition Service (the Secretary), EBT vendors and technology providers, and program participants (pregnant and postpartum women, infants, and children). Disability advocates, breastfeeding support providers, and health-care partners who perform measurements will also be directly implicated.
Why It Matters
This bill codifies permanent remote options first expanded during the pandemic and removes a statutory barrier to remote benefit issuance, potentially increasing access and reducing barriers to enrollment. At the same time it transfers practical burdens — technology deployment, data collection within tight windows, and ensuring accessibility and security — onto State agencies and vendors.
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What This Bill Actually Does
The bill rewrites part of the Child Nutrition Act that defines what it means to be ‘present’ for WIC certification. Instead of requiring in-person presence as the only option, the statute would require State agencies to offer appointments in-person and at least one remote format: telephone, two-way video, or other two-way, real-time communication formats the Secretary approves.
The statute explicitly requires any remote format to be ADA-accessible.
For participants certified remotely, the bill accepts that certain clinical measurements may not be obtainable during the virtual appointment, but it sets collection expectations: State agencies must, to the maximum extent practicable, collect necessary anthropometric data within 30 days and must do so no later than 90 days after the remote appointment. To avoid delaying access to benefits, States may provisionally certify applicants who meet income eligibility and provide benefits immediately; the nutritional-risk evaluation then must be completed within 90 days, and certification ends if required data are not collected or if the applicant fails to meet nutritional-risk criteria when measured.On benefits, the bill amends the statutory provision governing food instruments so State agencies may deliver them by mail, remote issuance (for example, remote activation of an EBT card or electronic provisioning), or other non-travel methods instead of forcing participants to pick up instruments at a local office.
The bill also instructs the Secretary to remove a specific paragraph from the implementing regulation (7 C.F.R. §246.12(r)) to align rules with the statutory change.Finally, USDA must report to the relevant congressional committees within one year. That report must describe how remote technologies are used for certification, education, and breastfeeding support; evaluate effects on appointments, certifications, and participant satisfaction; and identify best practices for remote certification, integrating nutrition education and breastfeeding services into digital platforms, and securely managing participant data.
The combination of statutory change and a short-term reporting requirement aims to both expand remote access immediately and generate operational guidance for States and vendors.
The Five Things You Need to Know
The bill amends 42 U.S.C. 1786(d)(3) to require State agencies to offer both in-person and at least one remote, two-way real-time option (telephone, two-way video, or other Secretary-approved formats) for certification, recertification, and nutritional-risk evaluations.
For participants certified remotely, State agencies must, to the maximum extent practicable, collect necessary anthropometric data within 30 days and must collect it no later than 90 days after the appointment.
The bill allows State agencies to provide food instruments (including electronic benefit transfer cards) by mail or remote issuance so participants need not travel to a local office to obtain benefits, and directs the Secretary to remove paragraph (4) of 7 C.F.R. §246.12(r).
It permits State agencies to grant interim certification immediately to applicants who meet income standards, with a required nutritional-risk evaluation to be completed within 90 days and automatic termination if the evaluation is not completed or the participant is deemed ineligible.
USDA must submit a report within one year to the House Education and the Workforce Committee and the Senate Agriculture Committee on remote technology use, impacts on certifications and participant satisfaction, best practices for remote certification and education, and secure participant-data management.
Section-by-Section Breakdown
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Short title — MODERN WIC Act of 2025
Gives the bill its formal name: "More Options to Develop and Enhance Remote Nutrition in WIC Act of 2025". This is a caption-only provision with no operational effect, but signals the bill’s focus on expanding remote tools for WIC.
Redefines ‘presence’ and sets rules for remote certification and nutritional-risk data
Strikes certain existing subparagraphs and inserts a new subparagraph (B) that requires State agencies to offer appointments in-person and via telephone, two-way video, or other two-way real-time communications as determined by the Secretary. It imposes ADA accessibility requirements on any remote format. For remotely certified participants, it creates a two-step expectation for collecting anthropometric data: collect as practicable within 30 days and no later than 90 days. It also authorizes State agencies to provisionally certify applicants who meet income eligibility immediately, with a mandatory follow-up nutritional-risk evaluation within 90 days and automatic termination if data are not collected or the applicant does not meet nutritional-risk criteria. Practically, this provision preserves clinical measurement standards while allowing immediate access to benefits through interim certification.
Authorizes remote issuance and mailing of food instruments
Rewrites the statutory language on delivery of food instruments to permit mailing, remote issuance (including EBT mechanisms), or other non-travel methods, removing the requirement that participants pick up food instruments at local agencies. The provision explicitly mentions electronic benefit transfer cards and instructs USDA to revise implementing regulations by striking paragraph (4) of 7 C.F.R. §246.12(r). Operationally, States can adopt mailed cards, online activation, or vendor-managed issuance models, but must update State plans and vendor contracts accordingly.
USDA report to Congress on remote technology use
Requires the Secretary to deliver a report to the House Education and the Workforce Committee and the Senate Agriculture Committee within one year describing how remote technologies are used for certification and for nutrition education and breastfeeding support. The report must assess impacts on certifications, appointments, and participant satisfaction and identify best practices for remote certification workflows, integrating education/breastfeeding services into digital platforms, and securely managing participant data. This is an information-gathering and policy-guidance element intended to inform future regulation and State practices.
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Explore Healthcare in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- WIC participants (pregnant/postpartum women, infants, and children): Gains easier access to certification and benefits by avoiding travel, reducing missed appointments, and enabling immediate interim certification where income eligibility is clear.
- State WIC agencies and local clinics seeking flexibility: Can offer remote services to reach geographically dispersed or transportation-constrained populations and potentially reduce in-person traffic at clinic sites.
- Remote technology and EBT vendors: Opens market demand for secure two-way video platforms, remote issuance solutions, identity verification tools, and ADA-compliant interfaces tailored to WIC requirements.
- Breastfeeding counselors and nutrition educators: Can reach more participants via telehealth or digital education channels that integrate into certification appointments, expanding continuity of care.
Who Bears the Cost
- State agencies and local WIC clinics: Must invest in technology platforms, staff training, processes for home or local measurement collection, data security, and recordkeeping to meet the 30/90 day measurement windows and ADA requirements.
- USDA/FNS (oversight costs): Will need to update guidance, revise regulations, review State plan revisions, and evaluate the required one-year report, increasing monitoring and technical-assistance workload.
- EBT processors and card vendors: Face costs to implement remote issuance, secure provisioning workflows, and integrate with State systems under new delivery models.
- Healthcare providers and community partners performing measurements: May experience increased demand to collect anthropometric data outside standard clinic workflows, requiring coordination and possible reimbursement arrangements.
Key Issues
The Core Tension
The central dilemma is trade-off between access and clinical rigor: expanding remote certification and benefit delivery increases convenience and reduces barriers for many participants, but it risks weakening the timing and quality of nutritional-risk assessments and imposes sizable implementation, accessibility, and data-security responsibilities on State agencies and vendors — a set of competing priorities that the bill leaves to regulation and State-level operational choices to reconcile.
The statutory shift toward remote certification balances improved access against practical measurement and verification challenges. Requiring anthropometric data within 30 days to the extent practicable, and no later than 90 days, preserves clinical standards but creates logistical questions: who performs the measurements (WIC staff, clinics, home visits, partnering providers), how States will fund and schedule those measurements, and how missing or delayed data will be handled in day-to-day caseload management.
The interim income-based certification eases immediate access but creates a short window where benefits are provided without a completed nutrition-risk assessment, exposing programs to potential misclassification and audit risk.
Data security and accessibility are focal implementation risks. The bill requires ADA compliance for remote formats and asks USDA for best practices on secure data management, but it does not specify technical standards (encryption, identity proofing, logging, cross-state portability).
That ambiguity leaves significant discretion to the Secretary and places the burden on State agencies and vendors to develop secure, accessible platforms quickly. Finally, the changes can widen disparities if internet and device access are uneven: participants without reliable phone/video service may still face barriers, requiring States to maintain in-person options and potentially dual operational streams.
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