S. 4226 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4226 IN THE SENATE OF THE UNITED STATES May 16, 2022Mr. Rubio (for himself, Ms. Hassan, Mr. Scott of Florida, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To designate baby formula as a scarce and critical material under the Defense Production Act of 1950, and for other purposes. 1. Short title This Act may be cited as the Urgently Feeding America’s Babies Act of 2022. 2. Designation of infant formula as critical material Immediately upon the date of the enactment of this Act, the President shall determine under subsection (b) of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511) that— (1) infant formula is scarce and a critical material essential to the national defense; and (2) the requirements of the national defense for infant formula cannot be met without exercising the authority provided by subsection (a) of that section. 3. Waiver by Food and Drug Administration (a) In general Not later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary) shall implement a process under which the Secretary may issue waivers, with respect to an infant formula that is available for commercial use in the European Union, of the requirements of sections 412 and 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a; 350d), and other applicable requirements of such Act, as appropriate, in order to allow for the introduction into interstate commerce of such infant formula in the United States. (b) Publication of guidelines The Secretary shall publish safety guidelines for each infant formula for which a waiver is issued under this section.