Title: Access to Baby Formula Act of 2022
Policy area: Agriculture and Food

Summary:
Access to Baby Formula Act of 2022
This bill authorizes the Department of Agriculture (USDA) to take certain actions to address emergencies, disasters, and supply chain disruptions (particularly the shortage of infant formula in the United States) affecting participants of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
The bill directs USDA to require each infant formula cost containment contract to include remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to WIC participants in the state.
USDA must, within 30 days, ensure there is a memorandum of understanding with the Department of Health and Human Services that includes procedures for coordination and information sharing regarding any supply chain disruption, including a supplemental food recall.
The bill also authorizes USDA to waive or modify any WIC qualified administrative requirement during emergencies, disasters, and supply chain disruptions. Specifically, USDA may waive or modify such a requirement for one or more state agencies if (1) the requirement cannot be met by state agencies during the emergency, disaster, or disruption; and (2) the modification or waiver is necessary to provide assistance to WIC participants and does not substantially weaken the nutritional quality of supplemental foods. For example, USDA may waive the maximum monthly allowance for infant formula.
The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7791 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7791

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2022

Mrs. Hayes (for herself, Mrs. Steel, Mr. Scott of Virginia, Ms. Wilson 
of Florida, Mr. Connolly, Ms. Brownley, Mr. Danny K. Davis of Illinois, 
   Ms. Kuster, Ms. Ross, Mr. Schiff, Mr. Larson of Connecticut, Ms. 
Stevens, Ms. Dean, Mr. Carbajal, Ms. Wexton, Mrs. Trahan, Mrs. Bustos, 
 Mrs. Luria, Ms. Blunt Rochester, Ms. Moore of Wisconsin, Ms. Escobar, 
 Mr. Moulton, Ms. Wild, Ms. Williams of Georgia, Mr. Castro of Texas, 
  Ms. Scanlon, Ms. Clark of Massachusetts, Mr. Correa, Ms. Jacobs of 
 California, Mrs. Dingell, Mr. Takano, Ms. Barragan, Mr. McGovern, Ms. 
    Jayapal, Ms. Pressley, Ms. Leger Fernandez, Ms. Underwood, Mr. 
Courtney, Mr. Gallego, Mr. Swalwell, Ms. Meng, Mr. Horsford, Mr. Kim of 
  New Jersey, Mrs. Lawrence, Mr. Carson, Mr. Raskin, Mrs. Carolyn B. 
  Maloney of New York, Mr. Meeks, Mrs. Watson Coleman, Mr. Neal, Ms. 
Eshoo, Mr. Carter of Louisiana, Mr. Cleaver, Mr. Pocan, Mr. Perlmutter, 
Ms. McCollum, Mr. Neguse, Ms. Lois Frankel of Florida, Mr. Clyburn, Mr. 
     Lieu, Mr. Torres of New York, Mrs. Torres of California, Mr. 
  Krishnamoorthi, Ms. Lee of California, Ms. Stansbury, Ms. Kelly of 
 Illinois, Mr. Casten, Ms. Matsui, Ms. Spanberger, Mr. Espaillat, Mr. 
Grijalva, Mr. Bera, Ms. Schrier, Ms. Pingree, Ms. Titus, Mr. Hoyer, Mr. 
 Thompson of Mississippi, Ms. Lofgren, Mr. Thompson of California, Mr. 
Cohen, Ms. Sherrill, Ms. DelBene, Mr. Morelle, Mr. Costa, Mr. Jeffries, 
Ms. Omar, Ms. DeLauro, Mr. Jones, Mr. Sean Patrick Maloney of New York, 
Mr. Mfume, Mr. Rush, Ms. Velazquez, Mr. Welch, Ms. Tlaib, Mr. Phillips, 
  Mr. Deutch, and Mr. Harder of California) 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 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 supplemental food recall.''; 
                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 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 emergency 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 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 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 disruption 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 exchange or 
                substitute 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 determination.
                    ``(B) Publication.--The Secretary shall make each 
                determination described in subparagraph (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 respect to such notification.
            ``(5) Qualified administrative requirement defined.--For 
        purposes of this subsection, the term `qualified administrative 
        requirement' has the meaning given the term in subsection 
        (r).''.
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