1. Short title
This Act may be cited as the “COVID-19 WIC Response Act of 2020”.
COVID-19 WIC Response Act of 2020
A BILL
To waive and defer certain requirements under the special supplemental nutrition program for women, infants, and children during certain emergencies, and for other purposes.
2. Physical presence waiver under WIC during certain public health emergencies
Waiver authority—
In general— Notwithstanding any other provision of law, the Secretary may grant a request described in paragraph (2) to—
waive the requirement under subsection (d)(3)(C)(i) of section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(i)); and
defer anthropometric and bloodwork requirements necessary to determine nutritional risk under such section.
Request— A request described in this paragraph is a request made to the Secretary by a State agency to waive, on behalf of the local agencies served by such State agency, the requirements described in paragraph (1) during any portion of the emergency period (as defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g))) beginning on or after the date of the enactment of this section.
Reports—
Local agency reports— Each local agency that uses a waiver pursuant to subsection (a) shall, not later than 1 year after the date such local agency uses such waiver, submit a report to the State agency serving such local agency that includes the following:
A summary of the use of such waiver by the local agency.
A description of whether such waiver resulted in improved services to women, infants, and children.
State agency reports— Each State agency that receives a waiver under subsection (a), shall, not later than 18 months after the date such State agency received such waiver, submit a report to the Secretary that includes the following:
A summary of the reports received by the State agency under paragraph (1).
A description of whether such waiver resulted in improved services to women, infants, and children.
3. Administrative requirements waiver under WIC
Waiver authority—
In general— Notwithstanding any other provision of law, the Secretary may, if requested by a State agency, modify or waive any qualified administrative requirement with respect to such State agency.
Qualified administrative requirement— In this section, the term qualified administrative requirement means an administrative requirement under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that the Secretary determines—
cannot be met by a State agency due to COVID-19; and
the modification or waiver of which is necessary to provide assistance under such section.
State agency reports— Each State agency that receives a waiver under subsection (a)(1), shall, not later than 1 year after the date such State agency received such waiver, submit a report to the Secretary that includes the following:
A summary of the use of such waiver by the State agency.
A description of whether such waiver resulted in improved services to women, infants, and children.
4. Definitions
In this Act:
Local agency— The term local agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
Nutritional risk— The term nutritional risk has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
Secretary— The term Secretary means the Secretary of Agriculture.
State agency— The term State agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
5. Sunset
The authorities under this Act shall expire on July 31, 2020.