INFANT Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3540 To amend the Child Nutrition Act of 1966 to change the competitive bidding process for infant formula manufacturers under the special supplemental nutrition program for women, infants, and children, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES MAY 18, 2023 Ms. STEFANIK (for herself and Mr. TURNER) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Child Nutrition Act of 1966 to change the competitive bidding process for infant formula manufac- turers under the special supplemental nutrition program for women, infants, and children, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Improving Newborn 4 Formula Access for a Nutritious Tomorrow Act of 2023’’ 5 or the ‘‘INFANT Act of 2023’’. 6 VerDate Sep 11 2014 05:14 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3540.IH H3540 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3540 IH SEC. 2. WIC INFANT FORMULA CONTRACTING. 1 Section 17 of the Child Nutrition Act of 1966 (7 2 U.S.C. 1431) is amended— 3 (1) in subsection (b)— 4 (A) by amending paragraph (17) to read 5 as follows: 6 ‘‘(17) COMPETITIVE BIDDING.— 7 ‘‘(A) IN GENERAL.—The term ‘competitive 8 bidding’ means a procurement process under 9 which the Secretary or a State agency selects 2 10 manufacturers offering the lowest price, as de- 11 termined by the submission of sealed bids, for 12 a product for which bids are sought for use in 13 the program authorized by this section. 14 ‘‘(B) DESIGNATION.—Of the manufactur- 15 ers described in subparagraph (A), 1 such man- 16 ufacturer may be designated as the primary 17 manufacturer and 1 such manufacturer may be 18 designated as the secondary manufacturer.’’; 19 and 20 (B) in paragraph (22)— 21 (i) by striking ‘‘primary’’ in the head- 22 ing and each place it appears and inserting 23 ‘‘manufacturer’’; 24 (ii) by striking ‘‘specific’’; and 25 VerDate Sep 11 2014 05:14 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3540.IH H3540 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3540 IH (iii) by striking ‘‘a contract is award- 1 ed’’ and inserting ‘‘contracts are awarded’’; 2 and 3 (2) in subsection (h)(8)(A)— 4 (A) in clause (ii)(I), by striking ‘‘primary’’ 5 and inserting ‘‘manufacturer’’; and 6 (B) in clause (v)— 7 (i) by striking ‘‘first’’ in the heading 8 and each place it appears; and 9 (ii) by striking ‘‘primary’’ in each 10 place it appears and inserting ‘‘manufac- 11 turer’’. 12 Æ VerDate Sep 11 2014 05:14 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3540.IH H3540 pbinns on DSKJLVW7X2PROD with $$_JOB