[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.