HB 5836 would provide continuing appropriations for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in FY2026 to cover operations during a lapse in discretionary appropriations for the Department of Agriculture. The funds would be drawn from any money in the Treasury not otherwise appropriated to carry out WIC as established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
It also requires retroactive reimbursement to State WIC agencies for funds they had to spend to maintain participation in WIC between September 30, 2025 and the date of enactment, ensuring state efforts are paid for. The appropriation would remain available until the date Congress enacts new appropriations for the Department of Agriculture for FY2026 (including a continuing resolution).
At a Glance
What It Does
During a lapse in discretionary funding, the bill authorizes a continuing appropriation to fund WIC in FY2026, drawing on unobligated Treasury funds to carry out the program.
Who It Affects
Directly affects the USDA-administered WIC program, state WIC agencies, participating retailers, and households enrolled in WIC.
Why It Matters
Maintains nutrition assistance for vulnerable populations during funding gaps and clarifies how funding should flow and be reconciled once broader appropriations are enacted.
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What This Bill Actually Does
WIC, the nutrition program for women, infants, and children, is protected from disruption under this bill by creating a special, temporary funding stream for FY2026. If there is a lapse in discretionary funding for the Department of Agriculture, the Treasury would provide enough money to run WIC to keep benefits flowing to eligible participants.
This is not a new program; it is a bridge mechanism designed to avoid a gap in services during a shutdown.
In addition to the ongoing funding, the bill requires state agencies that used their own funds to support WIC operations during the interim to be reimbursed retroactively. This ensures that states are not left financially worse off when WIC participation must continue despite a funding lapse.
The funding would stay available only until Congress enacts the normal FY2026 appropriations for the Department of Agriculture, including any continuing resolutions.Overall, the measure aims to preserve program integrity and benefits for participants while providing a clear, time-bound path for funding during a political and fiscal disruption. It does not change the substantive rules of WIC beyond the funding mechanism during a lapse.
The Five Things You Need to Know
The bill creates a FY2026 continuing appropriation for WIC during a lapse in discretionary appropriations.
Funds are drawn from any Treasury money not otherwise appropriated to run WIC.
The act requires retroactive reimbursement to State WIC agencies for funds spent to maintain WIC between 9/30/2025 and enactment.
The appropriation remains available until FY2026 appropriations (including continuing resolutions) are enacted.
It is an introduced federal bill in the 119th Congress sponsored by Rep. Bresnahan.
Section-by-Section Breakdown
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Short title
This Act may be cited as the Keep WIC Working Act. The title signals the bill’s purpose to preserve uninterrupted WIC benefits during a funding lapse but does not itself alter program rules.
Emergency funding for WIC during a lapse
During FY2026, if there is a lapse in discretionary appropriations for the Department of Agriculture, the Secretary of Agriculture may, out of any money in the Treasury not otherwise appropriated, provide sums as are necessary to carry out the WIC program as established under 42 U.S.C. 1786. This creates a temporary, legally defined funding stream to sustain WIC operations during a shutdown.
Retroactive reimbursements to State agencies
The appropriations under Section 2(a) must include amounts necessary to reimburse State agencies for any State funds used from September 30, 2025, through enactment to maintain WIC participation. This provision seeks to offset state-level funding obligations incurred due to the lapse, aligning state and federal funding obligations post-enactment.
Availability and termination
Funds provided under Section 2(a) are available until the date the Department of Agriculture’s FY2026 appropriations (including continuing appropriations) are enacted. This creates a defined end point for the contingency funding once normal appropriations resume.
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Who Benefits
- WIC participants (pregnant people, infants, and children) who rely on continuous benefits and access to nutrition assistance.
- State WIC agencies that administer benefits and reimbursements and would receive retroactive payments for funds advanced during a lapse.
- WIC-authorized retailers and vendors who receive reimbursements for WIC-related purchases, helping maintain steady demand and payments.
- Local health departments and clinics that administer WIC services and rely on consistent funding to operate.
- USDA’s Food and Nutrition Service (program administrators) responsible for administering WIC funding and ensuring program continuity.
Who Bears the Cost
- The U.S. Treasury and, by extension, taxpayers, fund the contingency appropriation to keep WIC running during a lapse.
- The Department of Agriculture, which would incur administrative and funding-related costs to manage the contingency and reimbursements.
- State governments may face administrative costs associated with submitting retroactive reimbursement requests and coordinating with federal funding.
- Any broader budgetary impact from timely continuation of funding could affect other discretionary programs if the lapse is prolonged.
Key Issues
The Core Tension
The central dilemma is whether to prioritize uninterrupted nutrition assistance for vulnerable populations during a funding lapse versus maintaining strict, regular appropriation controls and clear, forward-looking budgeting signals. The bill solves one problem (shutdown-related disruptions) by creating a temporary, broad access to Treasury funds for WIC while deferring the broader FY2026 budgeting decision to later enactment, which could blur lines between temporary contingency funding and ongoing program financing.
The Keep WIC Working Act operates as a stopgap measure, introducing a contingency appropriation to cover WIC operations during a government shutdown. While it addresses continuity and retroactive reimbursements, it also raises questions about budgeting discipline and accounting.
Specifically, relying on unobligated Treasury funds and creating a retroactive reimbursement mechanism can complicate year-end accounting and intergovernmental transfers, and it places a premium on rapid congressional action to resume normal FY2026 appropriations. These trade-offs are inherent in any emergency funding tool, but they warrant attention to ensure proper tracking, auditing, and reconciliation once the temporary funding ends.
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