,,ii #aagth ,,congress #b;d ,session ,h4 ,r4 #ggia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai 7legislative day1 ,may #ag71 #bjbb,received ,,an ,,act ,to amend the ,child ,nutrition ,act of #aiff to establish waiver authority to address certain emergencies1 disasters1 and supply chain disruptions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,access to ,baby ,formula ,act of #bjbb4 #b4 ,authority to address certain emergencies1 disasters1 and supply chain disruptions ,section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#bd7 ,supply chain disruption ,the term supply chain disruption means a shortage of supplemental foods that impedes the redemption of food instruments1 as determined by the ,secretary4 2 7#b7 in subsection 7h77#h71 by adding at the end the following3 7,l7 ,infant formula cost containment contract requirement 7i7 ,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 #bjbb includes remedies in the event of an infant formula recall1 including how an infant formula manufacturer would protect against disruption to program participants in the ,state4 7ii7 ,rebates ,in the case of an infant formula recall1 an infant formula manufacturer contracted to provide infant formula under this section shall comply with the contract requirements under clause 7i74 7,m7 ,memorandum of understanding ,not later than #cj days after the date of the enactment of the ,access to ,baby ,formula ,act of #bjbb1 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 disruption1 including a supplemental food recall4 2 and 7#c7 by adding at the end the following3 7r7 ,emergencies and disasters 7#a7 ,in general ,notwithstanding any other provision of law1 during an emergency period1 the ,secretary may modify or waive any qualified administrative requirement for one or more ,state agencies if-- 7,a7 the qualified administrative requirement cannot be met by ,state agencies during any portion of the emergency period under the conditions which prompted the emergency period2 and 7,b7 the modification or waiver of such a requirement-- 7i7 is necessary to provide assistance under this section2 and 7ii7 does not substantially weaken the nutritional quality of supplemental foods provided under this section4 7#b7 ,duration ,a waiver established under this subsection may be available for a period of not greater than the emergency period and the #fj days after the end of such emergency period4 7#c7 ,definitions ,in this subsection3 7,a7 ,emergency period ,the term emergency period means a period during which there exists-- 7i7 a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7ii7 any renewal of such a public health emergency pursuant to such section #cai2 7iii7 a presidentially declared major disaster as defined under section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 or 7iv7 a presidentially declared emergency as defined under section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7,b7 ,qualified administrative requirement ,the term qualified administrative requirement means a requirement under this section or a regulatory requirement issued pursuant to this section4 7s7 ,supply chain disruptions 7#a7 ,in general ,notwithstanding any other provision of law1 during a supply chain disruption1 including a supplemental food product recall1 the ,secretary may modify or waive any qualified administrative requirement for one or more ,state agencies if-- 7,a7 the qualified administrative requirement cannot be met by ,state agencies during any portion of the supply chain disruption1 including a supplemental food product recall1 under the conditions which prompted such disruption or recall2 and 7,b7 the modification or waiver of such a requirement-- 7i7 is necessary to provide assistance under this section2 and 7ii7 does not substantially weaken the nutritional quality of supplemental foods provided under this section4 7#b7 ,waiver authority ,the ,secretary may1 under a waiver or modification under paragraph 7#a7-- 7,a7 permit authorized vendors to exchange or substitute authorized supplemental foods obtained with food instruments beyond exchanges for an identical 7exact brand and size7 food item2 7,b7 waive any requirement with respect to medical documentation for the issuance of noncontract brand infant formula1 except for the requirements for participants receiving ,food ,package ,,iii 7as defined in section #bdf4aj7;e77#c7 of title #g1 ,code of ,federal ,regulations 7as in effect on the date of the enactment of this subsection772 7,c7 waive the maximum monthly allowance for infant formula2 and 7,d7 waive any additional qualified administrative requirement to address a supply chain disruption1 including a supplemental food product recall4 7#c7 ,duration ,a waiver or modification established under this subsection-- 7,a7 may be-- 7i7 available for a period of not more than #de days1 to begin on a date determined by the ,secretary2 and 7ii7 renewed so long as the ,secretary provides notice at least #ae days before such renewal2 and 7,b7 shall not be available after the date that is #fj days after the supply chain disruption for which such waiver is established ceases to exist4 7#d7 ,transparency 7,a7 ,in general ,if the ,secretary determines that a supply chain disruption exists and issues a waiver or modification under this subsection1 the ,secretary shall notify each ,state agency affected by such disruption and include with such notification an explanation of such determination4 7,b7 ,publication ,the ,secretary shall make each determination described in subparagraph 7,a7 publicly available on the website of the ,department4 7,c7 ,state agency requirements ,in the case of a waiver or modification under this subsection related to infant formula1 a ,state agency notified under subparagraph 7,a7 shall notify each infant formula manufacturer that has a contract with such ,state agency with respect to such notification4 7#e7 ,qualified administrative requirement defined ,for purposes of this subsection1 the term qualified administrative requirement has the meaning given the term in subsection 7r74 4 ,passed the ,house of ,representatives ,may #ah1 #bjbb4;,cheryl ,l4 ,johnson1,clerk4