Redefining presence at certification

(a) In general Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended by striking subparagraph (C) and inserting the following: (C) Presence for certain determinations and evaluations (i) In general Each individual seeking certification, recertification, or a nutritional risk evaluation for participation in the program authorized under this section shall be provided an appointment that is, at the option of the individual, through any of the following formats: (I) In person. (II) By telephone. (III) Through video technology that permits 2-way, real-time interactive communications. (IV) Through other formats that permit 2-way, real-time interactive communications, as determined by the Secretary. (ii) ADA compliance Any format made available for an appointment under clause (i) shall be accessible to an individual in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (iii) Nutritional risk evaluations for remote certification If an individual certifies for participation in the program under clause (i) through a format other than in-person, the State agency shall— (I) plan to collect the anthropometric data necessary to evaluate the nutritional risk of that individual within 30 days of the appointment; and (II) collect such data not later than 90 days after the appointment. (iv) Interim eligibility for nutritional risk (I) In general A State agency may— (aa) consider an applicant who meets the income eligibility standards under this section to be temporarily eligible on an interim basis to participate in the program authorized under this section; and (bb) temporarily certify that individual for participation in the program immediately, without delaying temporary certification until a nutritional risk evaluation is carried out. (II) Timing for nutritional risk evaluation A nutritional risk evaluation for an individual temporarily certified pursuant to subclause (I) shall be completed not later than 90 days after the date of temporary certification of the individual. (III) Termination of temporary certification The temporary certification of an individual certified pursuant to subclause (I) shall terminate on the earliest of— (aa) 91 days after the date of temporary certification if the State agency does not collect data on the individual pursuant to clause (iii); and (bb) the date of a determination by the State agency that the individual does not meet the nutritional risk criteria.. (b) Technical amendment Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended by conforming the margin of subparagraph (B) to the margin of subparagraph (C).