H.R. 5759: INFANT Act of 2025
Sponsor
Elise Stefanik
Republican · NY-21
Bill Progress
Latest Action · Oct 14, 2025
Referred to the House Committee on Education and Workforce.
WIC baby formula shouldn't ride on one supplier
Why it matters
Most WIC babies in a given state get formula from a single winning company. H.R. 5759 would require two, so a recall or shortage at one maker doesn't leave families empty-handed.
H.R. 5759, the Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2025 — the INFANT Act — changes how WIC buys infant formula. Today the program leans on a single-winner system: one company submits the lowest sealed bid for a state's WIC formula and locks up that business. This bill would require picking two.
Here's the mechanism. When a state or the Agriculture Secretary puts WIC formula out to bid, they'd select the two lowest-price manufacturers rather than just one. One gets named the primary supplier, the other the secondary. Both are under contract, both are bound by the prices they bid.
The point is redundancy. A single-supplier model is efficient when everything works and brittle when it doesn't — if the one contracted maker hits a production problem, there's no contracted backup standing by. Two suppliers builds in that backup.
The rest of the bill is cleanup: it rewrites the existing law so the wording matches a two-contract world — "contracts are awarded" instead of "a contract is awarded," and similar swaps. Those edits don't change policy on their own; they make the statute consistent with the two-supplier rule.
H.R. 5759 Bill Summary
What H.R. 5759 actually does.
Two formula suppliers, not one
WIC formula bids would be awarded to the two manufacturers offering the lowest price, instead of the single low bidder the program relies on today.
A designated backup supplier
Of the two winning manufacturers, one can be named the primary supplier and one the secondary supplier — a contracted fallback if the primary can't deliver.
Still decided by lowest sealed bid
The selection method doesn't change: states or the Agriculture Secretary still pick winners by lowest price through sealed bids. The bill only changes how many winners there are.
Statute rewritten for two contracts
Conforming edits update the existing law so its wording fits a two-supplier model — for example, swapping "a contract is awarded" for "contracts are awarded." These changes track the new rule rather than setting policy of their own.
Who benefits from H.R. 5759?
WIC families with infants
WIC serves about half the babies born in the U.S. Families who rely on the program's formula would have a contracted second supplier to fall back on if their usual brand goes short.
State WIC agencies
States that run their own formula bids would get a built-in backup, instead of scrambling for emergency waivers and substitute brands the moment a sole supplier fails.
Formula makers outside the incumbent
With two slots open per bid instead of one, a second manufacturer can win WIC business — loosening the grip a single low bidder holds on a state's market today.
Who is affected by H.R. 5759?
The incumbent low bidder
A company used to winning a state's entire WIC formula contract would now share it with a second supplier, even when its bid is the lowest.
Formula manufacturers bidding on WIC
All bidders still compete on lowest sealed price, but the contest now fills two positions — primary and secondary — rather than a single winner-take-all award.
State and federal WIC administrators
Agencies would have to manage two formula contracts at once and define how the primary and secondary suppliers split or hand off volume.
HR5759 Legislative Journey
House: Committee Action
Oct 14, 2025
Referred to the House Committee on Education and Workforce.
About the Sponsor
Elise Stefanik
Republican, New York's 21st congressional district · 11 years in Congress
Committees: House Permanent Select Committee on Intelligence, Education and Workforce, Armed Services
View full profile →
Cosponsors (1)
This bill has 1 cosponsor: 1 Republican. Cosponsors represent 1 state: Ohio.
Committee Sponsors
Education and Workforce Committee
0 of 36 committee members cosponsored
No committee members have cosponsored this bill
20 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 5759 Quick Facts
- Committee
- Education and Workforce
- Chamber
- House
- Policy
- Agriculture and Food
- Introduced
- Oct 14, 2025
Referred to the House Committee on Education and Workforce.
Oct 14, 2025
Official Sources
The official Congress.gov page is the primary source for the bill text, status, sponsors, and actions.
GAO's January 2025 report finds single-supplier WIC contracts save about $1.6 billion a year in rebates — the cost advantage this bill's two-supplier rule would trade against for supply security.
GAO's review of how rebate contracts with manufacturers hold down WIC formula spending — the rebate model that a two-supplier split could weaken.
This is the codified statutory section the bill would amend: Section 17 of the Child Nutrition Act of 1966, at 42 U.S.C. 1786.
H.R. 5759 Common Questions
What would H.R. 5759, the INFANT Act, actually change about WIC formula?
Today WIC awards each state's infant formula business to a single lowest bidder. H.R. 5759 would require picking the two lowest bidders instead, so the program always has a contracted second supplier.
Why does WIC use a single formula supplier in the first place?
Exclusive contracts let states win big rebates from formula makers, which stretch WIC's budget to serve more families. The trade-off is fragility: if that one supplier has a recall or shortage, there's no contracted backup.
What's the difference between the primary and secondary manufacturer?
Both win contracts under the bill. One is named the primary supplier and one the secondary. The secondary is the contracted fallback meant to keep formula flowing if the primary can't deliver.
How are the two formula makers chosen?
The same way one is chosen now: by lowest price through sealed bids, run by a state agency or the Agriculture Secretary. The only change is that the two lowest bidders win instead of just one.
Could splitting WIC contracts raise costs?
It might. Exclusive single-supplier deals win the deepest rebates; dividing the award between two makers could shrink them. Neither the bill nor any official estimate has yet put a number on it.
Which law does the INFANT Act amend?
It rewrites the WIC formula procurement rules in the Child Nutrition Act of 1966, codified at 42 U.S.C. 1786, redefining competitive bidding to require two winning manufacturers.
What are H.R. 5759's odds of passing?
Early. It was introduced in October 2025 with one cosponsor and referred to the House Education and Workforce Committee. It hasn't had a hearing or a vote yet.
Based on H.R. 5759 bill text
H.R. 5759 Bill Text
“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.”
Source: U.S. Government Publishing Office
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