I 118th CONGRESS 1st Session H. R. 3540 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 manufacturers under the special supplemental nutrition program for women, infants, and children, and for other purposes.

1. Short title This Act may be cited as the Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2023 or the INFANT Act of 2023 . 2. WIC infant formula contracting Section 17 of the Child Nutrition Act of 1966 ( 7 U.S.C. 1431 ) is amended— (1) in subsection (b)— (A) by amending paragraph (17) to read as follows: (17) Competitive bidding (A) In general The term competitive bidding means a procurement process under which the Secretary or a State agency selects 2 manufacturers offering the lowest price, as determined by the submission of sealed bids, for a product for which bids are sought for use in the program authorized by this section. (B) Designation Of the manufacturers described in subparagraph (A), 1 such manufacturer may be designated as the primary manufacturer and 1 such manufacturer may be designated as the secondary manufacturer. ; and (B) in paragraph (22)— (i) by striking primary in the heading and each place it appears and inserting manufacturer ; (ii) by striking specific ; and (iii) by striking a contract is awarded and inserting contracts are awarded ; and (2) in subsection (h)(8)(A)— (A) in clause (ii)(I), by striking primary and inserting manufacturer ; and (B) in clause (v)— (i) by striking first in the heading and each place it appears; and (ii) by striking primary in each place it appears and inserting manufacturer .