[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Page S4316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5332. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to 
provide for reconciliation pursuant to title II of S. Con. Res. 14; 
which was ordered to lie on the table; as follows:

        At the end of subtitle A of title II, add the following:

     SEC. 20002. INCREASING INFANT FORMULA MANUFACTURER CONTRACTS 
                   UNDER WIC PROGRAM.

       Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786) is amended--
       (1) in subsection (b)(17), by striking ``selects a single 
     source (a single infant formula manufacturer) offering the 
     lowest price'' and inserting ``selects, in accordance with 
     subsection (h)(8)(A)(iii), infant formula manufacturers''; 
     and
       (2) in subsection (h)(8)(A)--
       (A) in clause (iii)--
       (i) by striking ``A State'' and all that follows through 
     ``bidders'' and inserting the following:

       ``(I) In general.--A State agency using a competitive 
     bidding system for infant formula shall award contracts to--

       ``(aa) not less than 2 infant formula manufacturers; and
       ``(bb) bidders''; and
       (ii) by adding at the end the following:

       ``(II) Limitation.--A State agency shall not award a 
     contract to a single infant formula manufacturer that is for 
     more than 70 percent of the infant formula for which the 
     State agency contracts in a year.'';

       (B) by striking clauses (v) and (vi);
       (C) by redesignating clauses (vii) through (x) as clauses 
     (v) through (viii), respectively; and
       (D) in clause (viii) (as so redesignated), by striking 
     ``clause (ix)'' and inserting ``clause (vii)''.
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