Title: INFANT Act of 2022
Policy area: Agriculture and Food

Summary:
Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2022 or the INFANT Act of 2022
This bill revises the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to require state agencies that use a competitive bidding system for infant formula contracts to award such contracts to at least two manufacturers. Additionally, it prohibits states from contracting more than 70% of their WIC infant formula from one manufacturer within a year.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8587 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8587

To amend the Child Nutrition Act of 1966 to require that State agencies 
   contract with more than one infant formula manufacturer under the 
special supplemental program for women, infants, and children, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2022

  Mr. Turner introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Child Nutrition Act of 1966 to require that State agencies 
   contract with more than one infant formula manufacturer under the 
special supplemental program for women, infants, and children, 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 ``Improving Newborn Formula Access for 
a Nutritious Tomorrow Act of 2022'' or the ``INFANT Act of 2022''.

SEC. 2. INCREASING INFANT FORMULA MANUFACTURER CONTRACTS UNDER WIC 
              PROGRAM.

    Section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1431) is 
amended--
            (1) in subsection (b)(17), by striking ``selects a single 
        source (a single infant formula manufacturer) offering the 
        lowest price, as determined by the submission of sealed bids, 
        for a product for which bids are sought for use in the program 
        authorized by this section'' and inserting ``selects, in 
        accordance with subsection (h)(8)(iii), infant formula 
        manufacturers, as determined by the submission of sealed bids, 
        for a product for which bids are sought for use in the program 
        authorized by this section''; and
            (2) in subsection (h)(8)(A)--
                    (A) by amending clause (iii) to read as follows:
                            ``(iii) Competitive bidding system.--A 
                        State agency using a competitive bidding system 
                        for infant formula shall award contracts to--
                                    ``(I) at least 2 manufacturers, 
                                under which no manufacturer may receive 
                                a contract for more than 70 percent of 
                                the infant formula for which the State 
                                agency contracts in a year; and
                                    ``(II) bidders offering the lowest 
                                net price for a specific infant formula 
                                for which manufacturers submit a bid 
                                unless the State agency demonstrates to 
                                the satisfaction of the Secretary that 
                                the weighted average retail price for 
                                different brands of infant formula in 
                                the State does not vary by more than 5 
                                percent.''; and
                    (B) by striking clauses (v) and (vi) and 
                redesignating clauses (vii) through (x) as (v) through 
                (viii), respectively.
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