Title: Urgently Feeding America’s Babies Act of 2022
Policy area: Health

Summary:
Urgently Feeding America's Babies Act of 2022
This bill addresses a shortage in the domestic supply of infant formula.
Specifically, the bill directs the President to immediately use existing authorities under the Defense Production Act of 1950 to ensure the supply of infant formula. That act confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.
In addition, the Food and Drug Administration must (1) establish, within 15 days, a process to allow importation of infant formula from the European Union; and (2) publish safety guidelines for imported infant formula.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4226 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4226

 To designate baby formula as a scarce and critical material under the 
        Defense Production Act of 1950, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2022

   Mr. Rubio (for himself, Ms. Hassan, Mr. Scott of Florida, and Mr. 
   Padilla) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To designate baby formula as a scarce and critical material under the 
        Defense Production Act of 1950, 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 ``Urgently Feeding America's Babies 
Act of 2022''.

SEC. 2. DESIGNATION OF INFANT FORMULA AS CRITICAL MATERIAL.

    Immediately upon the date of the enactment of this Act, the 
President shall determine under subsection (b) of section 101 of the 
Defense Production Act of 1950 (50 U.S.C. 4511) that--
            (1) infant formula is scarce and a critical material 
        essential to the national defense; and
            (2) the requirements of the national defense for infant 
        formula cannot be met without exercising the authority provided 
        by subsection (a) of that section.

SEC. 3. WAIVER BY FOOD AND DRUG ADMINISTRATION.

    (a) In General.--Not later than 15 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall implement a 
process under which the Secretary may issue waivers, with respect to an 
infant formula that is available for commercial use in the European 
Union, of the requirements of sections 412 and 415 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 350a; 350d), and other applicable 
requirements of such Act, as appropriate, in order to allow for the 
introduction into interstate commerce of such infant formula in the 
United States.
    (b) Publication of Guidelines.--The Secretary shall publish safety 
guidelines for each infant formula for which a waiver is issued under 
this section.
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