H.R. 7791 · 117th Congress · House

Access to Baby Formula Act of 2022

Enacted· Became Public Law No: 117-129.
Introduced
May 17, 22
Passed House
May 18, 22
Passed Senate
May 19, 22
Sent to President
May 19, 22
Signed into Law
May 21, 22

Executive Summary

Access to Baby Formula Act of 2022

This bill authorizes the Department of Agriculture (USDA) to take certain actions to address emergencies, disasters, and supply chain disruptions (particularly the shortage of infant formula in the United States) affecting participants of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

The bill directs USDA to require each infant formula cost containment contract to include remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to WIC participants in the state.

USDA must, within 30 days, ensure there is a memorandum of understanding with the Department of Health and Human Services that includes procedures for coordination and information sharing regarding any supply chain disruption, including a supplemental food recall.

The bill also authorizes USDA to waive or modify any WIC qualified administrative requirement during emergencies, disasters, and supply chain disruptions. Specifically, USDA may waive or modify such a requirement for one or more state agencies if (1) the requirement cannot be met by state agencies during the emergency, disaster, or disruption; and (2) the modification or waiver is necessary to provide assistance to WIC participants and does not substantially weaken the nutritional quality of supplemental foods. For example, USDA may waive the maximum monthly allowance for infant formula.

The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.

Previous Versions

55May 19, 2022

Access to Baby Formula Act of 2022

This bill authorizes the Department of Agriculture (USDA) to take certain actions to address emergencies, disasters, and supply chain disruptions (particularly the shortage of infant formula in the United States) affecting participants of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

The bill directs USDA to require each infant formula cost containment contract to include remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to WIC participants in the state.

USDA must, within 30 days, ensure there is a memorandum of understanding with the Department of Health and Human Services that includes procedures for coordination and information sharing regarding any supply chain disruption, including a supplemental food recall.

The bill also authorizes USDA to waive or modify any WIC qualified administrative requirement during emergencies, disasters, and supply chain disruptions. Specifically, USDA may waive or modify such a requirement for one or more state agencies if (1) the requirement cannot be met by state agencies during the emergency, disaster, or disruption; and (2) the modification or waiver is necessary to provide assistance to WIC participants and does not substantially weaken the nutritional quality of supplemental foods. For example, USDA may waive the maximum monthly allowance for infant formula.

The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.

53May 18, 2022

Access to Baby Formula Act of 2022

This bill authorizes the Department of Agriculture (USDA) to take certain actions to address emergencies, disasters, and supply chain disruptions (particularly the shortage of infant formula in the United States) affecting participants of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

The bill directs USDA to require each infant formula cost containment contract to include remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to WIC participants in the state.

USDA must, within 30 days, ensure there is a memorandum of understanding with the Department of Health and Human Services that includes procedures for coordination and information sharing regarding any supply chain disruption, including a supplemental food recall.

The bill also authorizes USDA to waive or modify any WIC qualified administrative requirement during emergencies, disasters, and supply chain disruptions. Specifically, USDA may waive or modify such a requirement for one or more state agencies if (1) the requirement cannot be met by state agencies during the emergency, disaster, or disruption; and (2) the modification or waiver is necessary to provide assistance to WIC participants and does not substantially weaken the nutritional quality of supplemental foods. For example, USDA may waive the maximum monthly allowance for infant formula.

The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.

00May 17, 2022

Access to Baby Formula Act of 2022

This bill authorizes the Department of Agriculture (USDA) to take certain actions to address emergencies, disasters, and supply chain disruptions (particularly the shortage of infant formula in the United States) affecting participants of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

The bill directs USDA to require each infant formula cost containment contract to include remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to WIC participants in the state.

USDA must, within 30 days, ensure there is a memorandum of understanding with the Department of Health and Human Services that includes procedures for coordination and information sharing regarding any supply chain disruption, including a supplemental food recall.

The bill also authorizes USDA to waive or modify any WIC qualified administrative requirement during emergencies, disasters, and supply chain disruptions. Specifically, USDA may waive or modify such a requirement for one or more state agencies if (1) the requirement cannot be met by state agencies during the emergency, disaster, or disruption; and (2) the modification or waiver is necessary to provide assistance to WIC participants and does not substantially weaken the nutritional quality of supplemental foods. For example, USDA may waive the maximum monthly allowance for infant formula.

The bill establishes notification requirements for USDA and state agencies related to supply chain disruptions.

Action Timeline

20
  1. MAY 21, 2022BecameLaw

    Signed by President.

  2. MAY 21, 2022President

    Signed by President.

  3. MAY 21, 2022BecameLaw

    Became Public Law No: 117-129.

    117Yea
    129Nay
    0NV
  4. MAY 21, 2022President

    Became Public Law No: 117-129.

    117Yea
    129Nay
    0NV
  5. MAY 19, 2022IntroReferral

    Received in the Senate, read twice.

  6. MAY 19, 2022Floor

    Passed/agreed to in Senate

    Passed Senate without amendment by Unanimous Consent.(consideration: CR S2626-2627)

    2626Yea
    2627Nay
    0NV
  7. MAY 19, 2022Floor

    Passed Senate without amendment by Unanimous Consent

    (consideration: CR S2626-2627)

    2626Yea
    2627Nay
    0NV
  8. MAY 19, 2022President

    Presented to President.

  9. MAY 19, 2022Floor

    Presented to President.

  10. MAY 18, 2022Floor

    Mr

    Scott (VA) moved to suspend the rules and pass the bill.

  11. MAY 18, 2022Floor

    Considered under suspension of the rules

    (consideration: CR H5152-5158)

    5152Yea
    5158Nay
    0NV
  12. MAY 18, 2022Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 7791.

  13. MAY 18, 2022Floor

    At the conclusion of debate, the Yeas and Nays were demanded and ordered

    Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  14. MAY 18, 2022Floor

    Considered as unfinished business

    (consideration: CR H5163-5164)

    5163Yea
    5164Nay
    0NV
  15. MAY 18, 2022Floor

    Passed/agreed to in House

    Roll Call #218

    On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 414 - 9 (Roll no. 218).

    414Yea
    9Nay
    0NV
  16. MAY 18, 2022Floor

    On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays

    Roll Call #218

    (2/3 required): 414 - 9 (Roll no. 218). (text: CR H5152-5153)

    414Yea
    9Nay
    0NV
  17. MAY 18, 2022Floor

    Motion to reconsider laid on the table Agreed to without objection.

  18. MAY 17, 2022IntroReferral

    Introduced in House

  19. MAY 17, 2022IntroReferral

    Introduced in House

  20. MAY 17, 2022IntroReferral

    Referred to the House Committee on Education and Labor.

Committees

1

Education and Workforce Committee

hsed00

Referred: May 17, 2022

Active