,,ii #aagth ,,congress #b;d ,session ,s4 #dbeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah 7legislative day1 ,may #ag71 #bjbb,ms4 ,stabenow 7for herself1 ,mr4 ,boozman1 ,mr4 ,leahy1 ,mr4 ,hoeven1 ,mr4 ,brown1 ,mr4 ,marshall1 ,ms4 ,klobuchar1 ,mrs4 ,capito1 ,mr4 ,bennet1 ,mr4 ,tillis1 ,mrs4 ,gillibrand1 ,ms4 ,collins1 ,ms4 ,smith1 ,mr4 ,grassley1 ,mr4 ,booker1 ,mrs4 ,fischer1 ,mr4 ,warnock1 ,mr4 ,cornyn1 ,mr4 ,casey1 ,mr4 ,lujn1 ,mr4 ,durbin1 ,ms4 ,hassan1 ,ms4 ,duckworth1 and ,mr4 ,kelly7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,child ,nutrition ,act of #aiff to establish requirements for infant formula cost containment contracts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,access to ,baby ,formula ,act of #bjbb4 #b4 ,infant formula requirements ,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 requirements 7i7 ,in general ,not later than #abj days after the date of enactment of this subparagraph1 the ,secretary shall issue an interim final rule to require that each infant formula cost containment contract entered into between a ,state and an infant formula manufacturer on or after the effective date of the interim final rule includes remedies in the event of an infant formula recall1 including how an infant formula manufacturer will 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 7iii7 ,regulations ,the ,secretary shall promulgate regulations to carry out this subparagraph-- 7,i7 pursuant to section #hjh7b7 of title #e1 ,united ,states ,code2 and 7,,ii7 that shall be carried out without regard to chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act74 7,m7 ,memorandum of understanding ,not later than #cj days after the date of enactment of this subparagraph1 the ,secretary shall ensure that there is a memorandum of understanding that establishes 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 ,definitions ,in this subsection3 7,a7 ,emergency period ,the term emergency period means a period during which there is-- 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 a renewal of a public health emergency described in clause 7i7 pursuant to section #cai of that ,act 7#db ,u4,s4,c4 #bdg;d72 7iii7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 or 7iv7 an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia74 7,b7 ,qualified administrative requirement ,the term qualified administrative requirement means-- 7i7 a requirement under this section2 and 7ii7 any regulatory requirement promulgated pursuant to this section4 7#b7 ,modification or waiver of requirements ,notwithstanding any other provision of law1 during an emergency period1 the ,secretary may modify or waive any qualified administrative requirement for a ,state agency if-- 7,a7 the qualified administrative requirement cannot be met by the ,state agency during any portion of the emergency period due to the conditions that prompted the emergency period2 and 7,b7 the modification or waiver of the qualified administrative requirement-- 7i7 is necessary to provide assistance to participants of the program established by this section2 and 7ii7 does not substantially weaken the nutritional quality of supplemental foods provided under the program4 7#c7 ,duration ,a modification or waiver under paragraph 7#b7 shall be in effect for a period determined by the ,secretary1 but not later than #fj days after the end of the applicable emergency period4 7s7 ,product recalls and supply chain disruptions 7#a7 ,definition of qualified administrative requirement ,in this subsection1 the term qualified administrative requirement has the meaning given the term in subsection 7r77#a74 7#b7 ,modification or waiver of requirements ,notwithstanding any other provision of law1 in order to address a supplemental food product recall or supply chain disruption1 the ,secretary may modify or waive a qualified administrative requirement to allow #a or more ,state agencies-- 7,a7 to permit vendors authorized to participate in the program under this section to exchange or substitute authorized supplemental foods obtained with food instruments with food items that are not identical 7including in brand and size72 7,b7 to modify or waive any requirement with respect to medical documentation for the issuance of noncontract brand infant formula1 except 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 enactment of this subsection772 7,c7 to modify or waive the maximum monthly allowance for infant formula2 7,d7 to modify or waive any additional requirement with respect to supplemental food products provided under the program under this section if the modification or waiver-- 7i7 may facilitate increased access to those products2 7ii7 does not substantially weaken the nutritional quality of those products2 and 7iii7 is in accordance with any applicable guidance or directive from the ,administrator of ,food and ,drugs determined to be applicable by the ,secretary4 7#c7 ,duration ,a modification or waiver under paragraph 7#b7-- 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 renewed1 subject to the condition that the ,secretary shall provide notice of the renewal not less than #ae days before the renewal shall take effect2 and 7,b7 shall not be available after the date that is #fj days after the supplemental food product recall or supply chain disruption for which the modification or waiver is established ceases to exist4 4