by the 117th Congress of the United States

“ Memorandum of Understanding.—Not later than 30 days after the date of the enactment of the Access to Baby Formula Act of 2022, the Secretary shall ensure there is a memorandum of understanding between the Secretary and the Secretary of Health and Human Services that includes procedures to promote coordination and information sharing between the Department of Agriculture and the Department of Health and Human Services regarding any supply chain disruption, including a supplemental food recall. ”

“ Sec. 2. Authority to address certain emergencies, disasters, and supply chain disruptions.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended—
(1) in subsection (b) , by adding at the end the following:
" (24) Supply Chain Disruption.—The term 'supply chain disruption' means a shortage of supplemental foods that impedes the redemption of food instruments, as determined by the Secretary.";
(2) in subsection (h) (8) , by adding at the end the following:
" (L) Infant Formula Cost Containment Contract Requirement. ”

“ In general.—Notwithstanding any other provision of law, during an emergency period, the Secretary may modify or waive any qualified administrative requirement for one or more State agencies if—
" (A) the qualified administrative requirement cannot be met by State agencies during any portion of the emergency period under the conditions which prompted the emergency period; and
" (B) the modification or waiver of such a requirement—
" (i) is necessary to provide assistance under this section ”