[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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