1. Short title This Act may be cited as the More Options to Develop and Enhance Remote Nutrition in WIC Act of 2023 or the MODERN WIC Act of 2023 . 2. 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— (1) by striking subparagraphs (B) and (C); (2) by inserting the following after subparagraph (A): (B) 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— (I) in-person, by telephone, or through video technology that permits 2-way, real time interactive communications, as determined by the Secretary; or (II) 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 is certified for participation in the program under clause (i) through a format other than in-person, a State agency shall— (I) to the maximum extent practicable, collect anthropometric data necessary to evaluate the nutritional risk of that individual within 30 days of the appointment