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.
[117th Congress Public Law 129]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 1225]]
Public Law 117-129
117th Congress
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. <<NOTE: May 21, 2022 - [H.R. 7791]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Access to Baby
Formula Act of 2022. 42 USC 1771 note.>>
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) <<NOTE: Definition.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline. Procedures.>> 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:
[[Page 136 STAT. 1226]]
``(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)--
[[Page 136 STAT. 1227]]
``(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) <<NOTE: Determination.>> available for
a period of not more than 45 days, to begin on a
date determined by the Secretary; and
``(ii) <<NOTE: Notice.>> 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) <<NOTE: Determination. Notification.>> 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) <<NOTE: Public information. Web posting.>>
Publication.--The Secretary shall make each
determination described in subparagraph (A) publicly
available on the website of the Department.
``(C) <<NOTE: Notification.>> 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.
[[Page 136 STAT. 1228]]
``(5) Qualified administrative requirement defined.--For
purposes of this subsection, the term `qualified administrative
requirement' has the meaning given the term in subsection
(r).''.
Approved May 21, 2022.
LEGISLATIVE HISTORY--H.R. 7791:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
May 18, considered and passed House.
May 19, considered and passed Senate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Mr. Scott (VA) moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H5152-5158)
DEBATE - The House proceeded with forty minutes of debate on H.R. 7791.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5163-5164)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 414 - 9 (Roll no. 218).
Roll Call #218 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 414 - 9 (Roll no. 218). (text: CR H5152-5153)
Roll Call #218 (House)Enacted as Public Law 117-129
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S2626-2627)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S2626-2627)
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-129.
Became Public Law No: 117-129.