S.Amdt. 5332Senate117th Congress (2021-2023)2nd degree

S.Amdt. 5332

Sponsored by Mike LeeSen. Mike Lee (R-UT)
Submitted August 6, 2022

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Senate amendment submitted

August 6, 2022

Text

Submitted

SA 5332. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:

At the end of subtitle A of title II, add the following:

SEC. 20002. INCREASING INFANT FORMULA MANUFACTURER CONTRACTS
UNDER WIC PROGRAM.

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786) is amended--
(1) in subsection (b)(17), by striking ``selects a single
source (a single infant formula manufacturer) offering the
lowest price'' and inserting ``selects, in accordance with
subsection (h)(8)(A)(iii), infant formula manufacturers'';
and
(2) in subsection (h)(8)(A)--
(A) in clause (iii)--
(i) by striking ``A State'' and all that follows through
``bidders'' and inserting the following:

``(I) In general.--A State agency using a competitive
bidding system for infant formula shall award contracts to--

``(aa) not less than 2 infant formula manufacturers; and
``(bb) bidders''; and
(ii) by adding at the end the following:

``(II) Limitation.--A State agency shall not award a
contract to a single infant formula manufacturer that is for
more than 70 percent of the infant formula for which the
State agency contracts in a year.'';

(B) by striking clauses (v) and (vi);
(C) by redesignating clauses (vii) through (x) as clauses
(v) through (viii), respectively; and
(D) in clause (viii) (as so redesignated), by striking
``clause (ix)'' and inserting ``clause (vii)''.
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