117 HR 8587 IH: Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2022 U.S. House of Representatives 2022-07-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8587IN THE HOUSE OF REPRESENTATIVESJuly 28, 2022Mr. Turner introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Child Nutrition Act of 1966 to require that State agencies contract with more than one infant formula manufacturer under the special supplemental program for women, infants, and children, and for other purposes.

1.

Short title

This Act may be cited as the Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2022 or the INFANT Act of 2022.

2.

Increasing infant formula manufacturer contracts under WIC program

Section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1431) is amended—(1)in subsection (b)(17), by striking selects a single source (a single infant formula manufacturer) offering the lowest price, as determined by the submission of sealed bids, for a product for which bids are sought for use in the program authorized by this section and inserting selects, in accordance with subsection (h)(8)(iii), infant formula manufacturers, as determined by the submission of sealed bids, for a product for which bids are sought for use in the program authorized by this section; and(2)in subsection (h)(8)(A)—(A)by amending clause (iii) to read as follows: (iii)

Competitive bidding system

A State agency using a competitive bidding system for infant formula shall award contracts to—(I)at least 2 manufacturers, under which no manufacturer may receive a contract for more than 70 percent of the infant formula for which the State agency contracts in a year; and(II)bidders offering the lowest net price for a specific infant formula for which manufacturers submit a bid unless the State agency demonstrates to the satisfaction of the Secretary that the weighted average retail price for different brands of infant formula in the State does not vary by more than 5 percent. ; and(B)by striking clauses (v) and (vi) and redesignating clauses (vii) through (x) as (v) through (viii), respectively.