[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7791 Enrolled Bill (ENR)]

        H.R.7791

                    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


                                 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.

    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).''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.