Sec. 302. WIC eligibility and certification periods
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Section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) is amended— in subsection (b), by amending paragraph
(2)to read as follows: The term child means— before October 1, 2026, an individual who— has attained a first birthday but has not yet attained a fifth birthday; or has attained a fifth birthday but has not yet attained a sixth birthday; does not attend full-day kindergarten; and is certified before such date by a State agency under subsection (d)(3)(A)(iii)(II); and on and after October 1, 2026, an individual who— has attained a first birthday but has not yet attained a sixth birthday; and does not attend full day kindergarten. ; in subsection (e)(4)(A), by striking up to age 5 ; and in subsection (f)(7)(D)(i), by striking under the age of 5 . Section 17(d)(3)(A)(iii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(iii) ) is amended to read as follows: With respect to a participant child who has not had a fifth birthday— before October 1, 2026, a State may elect to certify a participant child for a period of 2 years, if the State electing the option provided under this clause ensures that a participant child receives the required health and nutrition assessments; and on and after October 1, 2026 a State shall— certify a participant child for a period of 2 years; and ensure that a participant child receives the required health and nutrition assessments, as determined by the Secretary under clause (ix). Beginning not later than October 1, 2026, a State shall certify a participant child who has had a fifth birthday but has not yet attained a sixth birthday, for the period that ends on the earlier of— the sixth birthday of the participant child; and the first date on which the participant child attends full-day kindergarten. Each State that certifies a participant child under item
(aa)shall— ensure that such participant child receives required health and nutrition assessments, as determined by the Secretary under clause (ix); and establish a method to determine the first date on which such participant child attends full-day kindergarten. . 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 such section) . 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: With respect to an infant, a State— before October 1, 2026, may elect to certify an infant for participation in the program for a period of 2 years; and on and after October 1, 2026, shall certify an infant for participation in the program for a period of 2 years. In certifying an infant under subclause (I), a State shall ensure that the infant receives required health and nutrition assessments, as determined by the Secretary under clause (ix). For purposes of subclause (I), an infant born to a pregnant woman who is participating in the program shall be certified for participation without further application. An infant may be certified for participation in the program for a period of 2 years, regardless of whether such infant will become a child during such period. . Paragraph
(1)of section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ) is amended to read as follows: The term breastfeeding woman means— before October 1, 2026, an individual up to one year postpartum who is breastfeeding the infant of the individual; and on and after October 1, 2026, an individual who is not more than 2 years postpartum and is breastfeeding the infant of the individual. . Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) ) is amended to read as follows: With respect to a breastfeeding woman, a State— before October 1, 2026, may elect to certify such breastfeeding woman for a period of 2 years postpartum; and on and after October 1, 2026, a State shall certify a postpartum woman for a period of 2 years postpartum. . Paragraph
(10)of section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ) is amended to read as follows: The term postpartum woman means— before October 1, 2026, an individual up to six months after termination of pregnancy; and on and after October 1, 2026, an individual up to 2 years after termination of pregnancy. . Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 )(d)(3)(A)) is further amended by adding at the end the following: With respect to a postpartum woman, a State— before October 1, 2026, may elect to certify such postpartum woman for a period of 2 years after the termination of the pregnancy of the postpartum woman; and on and after October 1, 2026, a State shall certify a postpartum woman for a period of 2 years after the termination of pregnancy of the postpartum woman. . Section 17(b)(11) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b)(11) ) is amended to read as follows: The term pregnant woman means an individual determined to have one or more fetuses in utero. . Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 )(d)(3)(A)) is further amended by adding at the end the following: With respect to a pregnant woman, a State— before October 1, 2026, may elect to certify a pregnant woman for the duration of the pregnancy and for the 90 days after the termination of pregnancy; and on and after October 1, 2026, shall certify a pregnant woman for the duration of the pregnancy and for the 90 days after the termination of pregnancy. . Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A) ) is further amended— in clause (i)— by striking clause
(ii)and inserting clauses
(ii)through
(viii); and by inserting or recertified after certified ; by adding at the end the following: In order to align certification periods or recertification appointments, when a State or local agency certifies an individual based on income documentation under subparagraph
(D)or adjunct documentation under subparagraph (E), a new certification period that otherwise meets the requirements of the program may be initiated for eligible family members of such individual. . Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 )(d)(3)(A)) is further amended by adding at the end the following: Before requesting new income documentation for purposes of recertifying an individual under the program, a State shall— determine whether such individual is eligible for recertification under subparagraph (E); and if such individual is so eligible— recertify such individual; and notify such individual of such recertification. . Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 )(d)(3)(A)) is further amended by adding at the end the following: The Secretary may require nutrition risk evaluations within a single certification period for the purposes of identifying specific risk factors. Information provided by a health care provider shall be sufficient to establish nutrition risk for the purposes of program eligibility under this section. If it is determined that the individual does not meet any nutritional risk criteria, the certification of the individual shall terminate on the date of determination. . Section 17(d)(3)(B) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 )(d)(3)(B)) is amended to read as follows: In the case of a pregnant woman, breastfeeding woman, postpartum woman, infant, or child who is not otherwise determined eligible under this section to participate in the program due to lack of documentation at the time of application, a State agency shall consider such a pregnant woman, breastfeeding woman, postpartum woman, infant, or child to be temporarily eligible to participate in the program based on a signed statement by the applicant. With respect to an individual that is temporarily eligible under subclause (I), the State agency shall— provide food instruments for a single 30-day period; and require that documentation for purposes of certifying such individual in accordance with this paragraph be provided not later than 30 days after the first day such individual is deemed temporarily eligible under subclause (I). If an individual provides documentation in accordance with subclause
(II)that demonstrates eligibility for the program, the individual shall be certified in accordance with this paragraph beginning on the first day the individual was deemed temporarily eligible under subclause (I). If an individual does not provide documentation in accordance with subclause (II), or provides documentation that does not demonstrate eligibility for the program— the individual shall be determined ineligible to participate in the program; and the temporary eligibility with respect to such individual shall terminate at the end of the single 30-day period described in subclause (II)(aa). A State may consider a pregnant woman, breastfeeding woman, postpartum woman, infant, or child applicant who meets the income eligibility standards to be temporarily eligible on an interim basis to participate in the program and may certify any such individual for participation immediately, without delaying certification until an evaluation is made concerning nutritional risk. A nutritional risk evaluation of such an individual shall be completed not later than 90 days after the individual is certified for participation. If it is subsequently determined that the individual does not meet nutritional risk criteria, the certification of the individual shall terminate on the date of the determination. . Section 17(f)(1)(C)(ix) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(1)(C)(ix) ) is amended by inserting a kinship family, after under the care of .
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