II 
117TH CONGRESS 
2D SESSION 
H. R. 7791 
IN THE SENATE OF THE UNITED STATES 
MAY 19 (legislative day, MAY 17), 2022 
Received 
AN ACT 
To amend the Child Nutrition Act of 1966 to establish 
waiver authority to address certain emergencies, disas-
ters, and supply chain disruptions, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Baby For-
mula Act of 2022’’. 
SEC. 2. AUTHORITY TO ADDRESS CERTAIN EMERGENCIES, 
DISASTERS, AND SUPPLY CHAIN DISRUP-
TIONS. 
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 sup-
plemental 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
CONTAIN-
MENT 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 in-
fant formula manufacturer would protect 
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against disruption to program participants 
in the State. 
‘‘(ii) REBATES.—In the case of an in-
fant 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
UNDER-
STANDING.—Not later than 30 days after the 
date of the enactment of the Access to Baby 
Formula Act of 2022, the Secretary shall en-
sure there is a memorandum of understanding 
between the Secretary and the Secretary of 
Health and Human Services that includes pro-
cedures to promote coordination and informa-
tion sharing between the Department of Agri-
culture and the Department of Health and 
Human Services regarding any supply chain 
disruption, including a supplemental food re-
call.’’; and 
(3) by adding at the end the following: 
‘‘(r) EMERGENCIES AND DISASTERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, during an emergency period, the 
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Secretary may modify or waive any qualified admin-
istrative requirement for one or more State agencies 
if— 
‘‘(A) the qualified administrative require-
ment cannot be met by State agencies during 
any portion of the emergency period under the 
conditions which prompted the emergency pe-
riod; 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 section. 
‘‘(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 de-
clared by the Secretary of Health and 
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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 emer-
gency 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
RE-
QUIREMENT.—The term ‘qualified administra-
tive 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 
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Secretary may modify or waive any qualified admin-
istrative requirement for one or more State agencies 
if— 
‘‘(A) the qualified administrative require-
ment cannot be met by State agencies during 
any portion of the supply chain disruption, in-
cluding a supplemental food product recall, 
under the conditions which prompted such dis-
ruption 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 section. 
‘‘(2) WAIVER AUTHORITY.—The Secretary may, 
under a waiver or modification under paragraph 
(1)— 
‘‘(A) permit authorized vendors to ex-
change or substitute authorized supplemental 
foods obtained with food instruments beyond 
exchanges for an identical (exact brand and 
size) food item; 
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‘‘(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 Regula-
tions (as in effect on the date of the enactment 
of this subsection)); 
‘‘(C) waive the maximum monthly allow-
ance for infant formula; and 
‘‘(D) waive any additional qualified admin-
istrative requirement to address a supply chain 
disruption, including a supplemental food prod-
uct recall. 
‘‘(3) DURATION.—A waiver or modification es-
tablished under this subsection— 
‘‘(A) may be— 
‘‘(i) available for a period of not more 
than 45 days, to begin on a date deter-
mined 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 disrup-
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tion for which such waiver is established ceases 
to exist. 
‘‘(4) TRANSPARENCY.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that a supply chain disruption exists and 
issues a waiver or modification under this sub-
section, the Secretary shall notify each State 
agency affected by such disruption and include 
with such notification an explanation of such 
determination. 
‘‘(B) PUBLICATION.—The Secretary shall 
make each determination described in subpara-
graph (A) publicly available 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 re-
spect to such notification. 
‘‘(5) QUALIFIED
ADMINISTRATIVE
REQUIRE-
MENT DEFINED.—For purposes of this subsection, 
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the term ‘qualified administrative requirement’ has 
the meaning given the term in subsection (r).’’. 
Passed the House of Representatives May 18, 2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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