Access to Baby Formula Act of 2022

Bill: 117-hr-7791
Sponsor: full_name: Rep. Hayes, Jahana [D-CT-5]
Introduced: 2022-05-17
Policy area: Agriculture and Food
Subjects: Child health

Disaster relief and insurance

Emergency medical services and trauma care

Food assistance and relief

Food supply, safety, and labeling

Infectious and parasitic diseases

Manufacturing

Nutrition and diet

Poverty and welfare assistance

Public contracts and procurement

Retail and wholesale trades

State and local government operations

Women's health
Latest action: action_date: 2022-05-21
text: Became Public Law No: 117-129.

Summaries:
action_date: 2022-05-17
action_desc: Introduced in House
text: <p><strong>Access to Baby Formula Act of 2022</strong></p> <p>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).</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.</p>

action_date: 2022-05-18
action_desc: Passed House
text: <p><strong>Access to Baby Formula Act of 2022</strong></p> <p>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).</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.</p>

action_date: 2022-05-19
action_desc: Passed Senate
text: <p><strong>Access to Baby Formula Act of 2022</strong></p> <p>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).</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.</p>

action_date: 2022-05-21
action_desc: Public Law
text: <p><strong>Access to Baby Formula Act of 2022</strong></p> <p>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).</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 7791 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Access to Baby Formula Act of 2022 . 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). .

Passed the House of Representatives May 18, 2022. Cheryl L. Johnson, Clerk.

tv_txt: I 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 H. R. 7791 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.

1. Short title This Act may be cited as the Access to Baby Formula Act of 2022 . 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). .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: I 117th CONGRESS 2d Session H. R. 7791 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. Barragán , 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. Velázquez , 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.

1. Short title This Act may be cited as the Access to Baby Formula Act of 2022 . 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). .

tv_txt: 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, disasters, and supply chain disruptions, and for other purposes.

1. Short title This Act may be cited as the Access to Baby Formula Act of 2022 . 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). .

Passed the House of Representatives May 18, 2022. Cheryl L. Johnson, Clerk.