H. R. 7791 
One Hundred Seventeenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Monday, 
the third day of January, two thousand and twenty-two 
An Act 
To amend the Child Nutrition Act of 1966 to establish waiver authority to address 
certain emergencies, disasters, and supply chain disruptions, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Baby Formula Act 
of 2022’’. 
SEC. 2. AUTHORITY TO ADDRESS CERTAIN EMERGENCIES, DISASTERS, 
AND SUPPLY CHAIN DISRUPTIONS. 
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) 
is amended— 
(1) in subsection (b), by adding at the end the following: 
‘‘(24) SUPPLY CHAIN DISRUPTION.—The term ‘supply chain 
disruption’ means a shortage of supplemental foods that 
impedes the redemption of food instruments, as determined 
by the Secretary.’’; 
(2) in subsection (h)(8), by adding at the end the following: 
‘‘(L) INFANT FORMULA COST CONTAINMENT CONTRACT 
REQUIREMENT.— 
‘‘(i) IN GENERAL.—The Secretary shall require that 
each infant formula cost containment contract renewed 
or entered into on or after the date of the enactment 
of the Access to Baby Formula Act of 2022 includes 
remedies in the event of an infant formula recall, 
including how an infant formula manufacturer would 
protect against disruption to program participants in 
the State. 
‘‘(ii) REBATES.—In the case of an infant formula 
recall, an infant formula manufacturer contracted to 
provide infant formula under this section shall comply 
with the contract requirements under clause (i). 
‘‘(M) MEMORANDUM
OF
UNDERSTANDING.—Not later 
than 30 days after the date of the enactment of the Access 
to Baby Formula Act of 2022, the Secretary shall ensure 
there is a memorandum of understanding between the 
Secretary and the Secretary of Health and Human Services 
that includes procedures to promote coordination and 
information sharing between the Department of Agriculture 
and the Department of Health and Human Services 
regarding any supply chain disruption, including a supple-
mental food recall.’’; and 
(3) by adding at the end the following:
H. R. 7791—2 
‘‘(r) EMERGENCIES AND DISASTERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, during an emergency period, the Secretary may modify 
or waive any qualified administrative requirement for one or 
more State agencies if— 
‘‘(A) the qualified administrative requirement cannot 
be met by State agencies during any portion of the emer-
gency period under the conditions which prompted the 
emergency period; and 
‘‘(B) the modification or waiver of such a requirement— 
‘‘(i) is necessary to provide assistance under this 
section; and 
‘‘(ii) does not substantially weaken the nutritional 
quality of supplemental foods provided under this sec-
tion. 
‘‘(2) DURATION.—A waiver established under this subsection 
may be available for a period of not greater than the emergency 
period and the 60 days after the end of such emergency period. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) EMERGENCY PERIOD.—The term ‘emergency period’ 
means a period during which there exists— 
‘‘(i) a public health emergency declared by the 
Secretary of Health and Human Services under section 
319 of the Public Health Service Act (42 U.S.C. 247d); 
‘‘(ii) any renewal of such a public health emergency 
pursuant to such section 319; 
‘‘(iii) a presidentially declared major disaster as 
defined under section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.); or 
‘‘(iv) a presidentially declared emergency as 
defined under section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.). 
‘‘(B) QUALIFIED
ADMINISTRATIVE
REQUIREMENT.—The 
term ‘qualified administrative requirement’ means a 
requirement under this section or a regulatory requirement 
issued pursuant to this section. 
‘‘(s) SUPPLY CHAIN DISRUPTIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, during a supply chain disruption, including a supplemental 
food product recall, the Secretary may modify or waive any 
qualified administrative requirement for one or more State 
agencies if— 
‘‘(A) the qualified administrative requirement cannot 
be met by State agencies during any portion of the supply 
chain disruption, including a supplemental food product 
recall, under the conditions which prompted such disrup-
tion or recall; and 
‘‘(B) the modification or waiver of such a requirement— 
‘‘(i) is necessary to provide assistance under this 
section; and 
‘‘(ii) does not substantially weaken the nutritional 
quality of supplemental foods provided under this sec-
tion. 
‘‘(2) WAIVER
AUTHORITY.—The Secretary may, under a 
waiver or modification under paragraph (1)—
H. R. 7791—3 
‘‘(A) permit authorized vendors to exchange or sub-
stitute authorized supplemental foods obtained with food 
instruments beyond exchanges for an identical (exact brand 
and size) food item; 
‘‘(B) waive any requirement with respect to medical 
documentation for the issuance of noncontract brand infant 
formula, except for the requirements for participants 
receiving Food Package III (as defined in section 
246.10(e)(3) of title 7, Code of Federal Regulations (as 
in effect on the date of the enactment of this subsection)); 
‘‘(C) waive the maximum monthly allowance for infant 
formula; and 
‘‘(D) waive any additional qualified administrative 
requirement to address a supply chain disruption, including 
a supplemental food product recall. 
‘‘(3) DURATION.—A waiver or modification established under 
this subsection— 
‘‘(A) may be— 
‘‘(i) available for a period of not more than 45 
days, to begin on a date determined by the Secretary; 
and 
‘‘(ii) renewed so long as the Secretary provides 
notice at least 15 days before such renewal; and 
‘‘(B) shall not be available after the date that is 60 
days after the supply chain disruption for which such 
waiver is established ceases to exist. 
‘‘(4) TRANSPARENCY.— 
‘‘(A) IN GENERAL.—If the Secretary determines that 
a supply chain disruption exists and issues a waiver or 
modification under this subsection, the Secretary shall 
notify each State agency affected by such disruption and 
include with such notification an explanation of such deter-
mination. 
‘‘(B) PUBLICATION.—The Secretary shall make each 
determination described in subparagraph (A) publicly avail-
able on the website of the Department. 
‘‘(C) STATE AGENCY REQUIREMENTS.—In the case of a 
waiver or modification under this subsection related to 
infant formula, a State agency notified under subparagraph 
(A) shall notify each infant formula manufacturer that 
has a contract with such State agency with respect to 
such notification.