[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3540 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3540

  To amend the Child Nutrition Act of 1966 to change the competitive 
  bidding process for infant formula manufacturers under the special 
 supplemental nutrition program for women, infants, and children, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

  Ms. Stefanik (for herself and Mr. Turner) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Nutrition Act of 1966 to change the competitive 
  bidding process for infant formula manufacturers under the special 
 supplemental nutrition program for women, infants, and children, 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 ``Improving Newborn Formula Access for 
a Nutritious Tomorrow Act of 2023'' or the ``INFANT Act of 2023''.

SEC. 2. WIC INFANT FORMULA CONTRACTING.

    Section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1431) is 
amended--
            (1) in subsection (b)--
                    (A) by amending paragraph (17) to read as follows:
            ``(17) Competitive bidding.--
                    ``(A) In general.--The term `competitive bidding' 
                means a procurement process under which the Secretary 
                or a State agency selects 2 manufacturers 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.
                    ``(B) Designation.--Of the manufacturers described 
                in subparagraph (A), 1 such manufacturer may be 
                designated as the primary manufacturer and 1 such 
                manufacturer may be designated as the secondary 
                manufacturer.''; and
                    (B) in paragraph (22)--
                            (i) by striking ``primary'' in the heading 
                        and each place it appears and inserting 
                        ``manufacturer'';
                            (ii) by striking ``specific''; and
                            (iii) by striking ``a contract is awarded'' 
                        and inserting ``contracts are awarded''; and
            (2) in subsection (h)(8)(A)--
                    (A) in clause (ii)(I), by striking ``primary'' and 
                inserting ``manufacturer''; and
                    (B) in clause (v)--
                            (i) by striking ``first'' in the heading 
                        and each place it appears; and
                            (ii) by striking ``primary'' in each place 
                        it appears and inserting ``manufacturer''.
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