[Congressional Record Volume 168, Number 85 (Wednesday, May 18, 2022)]
[House]
[Pages H5152-H5158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   ACCESS TO BABY FORMULA ACT OF 2022

  Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 7791) to amend the Child Nutrition Act of 1966 to 
establish waiver authority to address certain emergencies, disasters, 
and supply chain disruptions, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7791

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Access to Baby Formula Act 
     of 2022''.

     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.--
       ``(i) In general.--The Secretary shall require that each 
     infant formula cost containment contract renewed or entered 
     into on or after the date of the enactment of the Access to 
     Baby Formula Act of 2022 includes remedies in the event of an 
     infant formula recall, including how an infant formula 
     manufacturer would protect against disruption to program 
     participants in the State.
       ``(ii) Rebates.--In the case of an infant formula recall, 
     an infant formula manufacturer contracted to provide infant 
     formula under this section shall comply with the contract 
     requirements under clause (i).
       ``(M) 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.''; and
       (3) by adding at the end the following:
       ``(r) Emergencies and Disasters.--
       ``(1) 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; and
       ``(ii) does not substantially weaken the nutritional 
     quality of supplemental foods provided under this section.
       ``(2) Duration.--A waiver established under this subsection 
     may be available for a period of not greater than the 
     emergency period and the 60 days after the end of such 
     emergency period.
       ``(3) Definitions.--In this subsection:
       ``(A) Emergency period.--The term `emergency period' means 
     a period during which there exists--
       ``(i) a public health emergency declared by the Secretary 
     of Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d);
       ``(ii) any renewal of such a public health emergency 
     pursuant to such section 319;
       ``(iii) a presidentially declared major disaster as defined 
     under section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
       ``(iv) a presidentially declared emergency as defined under 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       ``(B) Qualified administrative requirement.--The term 
     `qualified administrative requirement' means a requirement 
     under this section or a regulatory requirement issued 
     pursuant to this section.
       ``(s) Supply Chain Disruptions.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, during a supply chain disruption, including a 
     supplemental food product recall, 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 supply chain 
     disruption, including a supplemental food product recall, 
     under the conditions which prompted such disruption or 
     recall; and
       ``(B) the modification or waiver of such a requirement--

[[Page H5153]]

       ``(i) is necessary to provide assistance under this 
     section; and
       ``(ii) does not substantially weaken the nutritional 
     quality of supplemental foods provided under this section.
       ``(2) Waiver authority.--The Secretary may, under a waiver 
     or modification under paragraph (1)--
       ``(A) permit authorized vendors to exchange or substitute 
     authorized supplemental foods obtained with food instruments 
     beyond exchanges for an identical (exact brand and size) food 
     item;
       ``(B) waive any requirement with respect to medical 
     documentation for the issuance of noncontract brand infant 
     formula, except for the requirements for participants 
     receiving Food Package III (as defined in section 
     246.10(e)(3) of title 7, Code of Federal Regulations (as in 
     effect on the date of the enactment of this subsection));
       ``(C) waive the maximum monthly allowance for infant 
     formula; and
       ``(D) waive any additional qualified administrative 
     requirement to address a supply chain disruption, including a 
     supplemental food product recall.
       ``(3) Duration.--A waiver or modification established under 
     this subsection--
       ``(A) may be--
       ``(i) available for a period of not more than 45 days, to 
     begin on a date determined by the Secretary; and
       ``(ii) renewed so long as the Secretary provides notice at 
     least 15 days before such renewal; and
       ``(B) shall not be available after the date that is 60 days 
     after the supply chain disruption for which such waiver is 
     established ceases to exist.
       ``(4) Transparency.--
       ``(A) In general.--If the Secretary determines that a 
     supply chain disruption exists and issues a waiver or 
     modification under this subsection, the Secretary shall 
     notify each State agency affected by such disruption and 
     include with such notification an explanation of such 
     determination.
       ``(B) Publication.--The Secretary shall make each 
     determination described in subparagraph (A) publicly 
     available on the website of the Department.
       ``(C) State agency requirements.--In the case of a waiver 
     or modification under this subsection related to infant 
     formula, a State agency notified under subparagraph (A) shall 
     notify each infant formula manufacturer that has a contract 
     with such State agency with respect to such notification.
       ``(5) Qualified administrative requirement defined.--For 
     purposes of this subsection, the term `qualified 
     administrative requirement' has the meaning given the term in 
     subsection (r).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentlewoman from California (Mrs. Steel) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
all Members have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 7791, the Access to 
Baby Formula Act of 2022.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, across the country, the ongoing shortage of formula is 
disproportionately hurting women and children who rely on the benefits 
through the WIC program, leaving them with few options to purchase safe 
formula for their infants. That is because about half of the infants in 
America participate in the WIC program.
  In times of crisis, one of our core responsibilities as lawmakers is 
to ensure that families in need can continue to feed their children and 
keep them healthy.
  While I am encouraged that the Biden administration and Abbott 
Nutrition have reached an agreement to restart formula production 
following the company's recall, the immediate consequences facing our 
children require additional action.
  That is why the gentlewoman from Connecticut (Mrs. Hayes) and the 
gentlewoman from California (Mrs. Steel) and I took action to help 
vulnerable Americans provide their babies with the nutrition they need. 
One of the flexibilities in the WIC program that the Access to Baby 
Formula Act provides will allow families in need to use WIC benefits to 
purchase other safe and available infant formula products.
  WIC vouchers can be limited to one brand product. This makes sense 
because a WIC program can require companies to bid for the privilege of 
participating. Having the power to limit participation to just one 
brand encourages vendors to agree to huge discounts.
  Unfortunately, in a time of shortage, a voucher for a product not on 
the shelf is of no value. This bill allows flexibility in such a time 
so that parents will be able to purchase whatever brand is actually 
available.
  This legislation reflects our commitment to ensuring access to 
formula for those who need it most, during both the current crisis and 
into the future.
  Madam Speaker, I thank the gentlewoman from Connecticut and the 
gentlewoman from California for their urgent leadership on the Access 
to Baby Formula Act, and I urge my colleagues to join in taking a stand 
for our Nation's children.
  Madam Speaker, I reserve the balance of my time.
  Mrs. STEEL. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 7791, the Access to 
Baby Formula Act, a bipartisan bill I am proud to lead with my 
colleague from Connecticut.
  The shortage of infant formula across the country has led to panic 
and desperation among so many families. As a parent, there is nothing 
more important than ensuring the health and safety of your child. As 
families continue to bear the brunt of crippling inflation, this 
formula shortage only compounds the stress that these families are 
facing at home.
  It is estimated that the cost of baby formula is up almost 20 percent 
in the last year. More than 40 percent of the top-selling baby formula 
products were out of stock as of the beginning of this month. Families 
desperate to feed their babies shouldn't have to face empty shelves 
because of government mismanagement and overregulation.
  We should have never gotten to this point, but this bipartisan 
legislation will provide certainty for recipients and manufacturers, 
ensuring this crisis doesn't happen again.
  Under this bill, WIC participants and infant formula manufacturers 
will receive the clarity they need in the event of another emergency or 
supply chain disruption. The bill requires infant formula manufacturers 
to have a plan that will detail how they will address an emergency or 
disruption, so WIC participants aren't impacted.
  Importantly, the bill also includes strict timelines so the companies 
and WIC participants will know the rules of the road during a 
disruption.
  Finally, this bill includes important transparency requirements so 
the public will know what the administration is doing to remedy this 
crisis and prevent future disruptions. I am pleased that we were able 
to come together and put American families first.
  Madam Speaker, families deserve to have this weight lifted off their 
shoulders. It is time to act and pass this resolution.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1915

  Mr. SCOTT of Virginia. Madam Speaker, I yield 4 minutes to the 
gentlewoman from Connecticut (Mrs. Hayes).
  Mrs. HAYES. Madam Speaker, I rise in support of this very important 
piece of legislation.
  WIC recipients utilize formula at roughly double the rate of 
nonparticipating families, ensuring that this crisis has had a 
disproportionate impact on communities and families with the highest 
needs. That means that low-income women and children are particularly 
vulnerable during this nationwide formula shortage.
  Today, we are taking swift action to help these families feed their 
babies by safely getting more baby formula onto store shelves in the 
face of manufacturer recalls.
  I am excited to work with leadership and introduce the Access to Baby 
Formula Act, which helps improve access to formula products for WIC 
participants while also better protecting them during future product 
recalls.
  This legislation establishes waiver authority to address emergencies 
during disasters and supply chain disruptions by ensuring States that 
contract companies with the WIC program can secure supplies from 
additional manufacturers, if necessary.

[[Page H5154]]

  The bill also waives requirements that slow down the process to get 
formula back on the shelves, without sacrificing safety standards.
  The bill promotes coordination and information sharing between the 
Secretary of Agriculture and the Secretary of Health and Human Services 
regarding any supply chain disruption, including supplemental food 
recalls.
  As a member of the Education and Labor Committee and chair of the 
Subcommittee on Nutrition, Oversight, and Department Operations, when 
this crisis arose, I was concerned, like many of my colleagues. I 
called the chairman and spoke to Speaker Pelosi to share my concerns. 
We worked together to come up with a solution to get formula to 
families as quickly as possible.
  I thank the gentlewoman from California (Mrs. Steel) for joining us 
in this effort. I thank her so much for her help.
  I know the feeling of desperation and stress that mothers, 
grandmothers, and family members across the country are feeling as they 
are searching for formula for their children.
  Mothers in my district have joined Facebook groups to find where 
formula is available in our district. They are waiting in long lines 
outside of stores and buying sample packs on the street. They are even 
resorting to the dangerous practice of watering down their formula just 
to stretch the supply. They are desperate.
  As many as 75 percent of American families are at least partially 
dependent on formula to provide nutrients to their infants. 
Additionally, some infants are solely reliant on specialty formulas to 
manage medical disorders.
  In my district, I talked to Marcia from Farmington and Caitlin from 
Watertown, who sent messages to my office begging for help. My heart 
broke as these women shared their stories.
  For those families who are able to find formula in local stores, the 
prices they are paying today have increased dramatically, in some cases 
up 18 percent over the past year.
  It is important to recognize why we are in this situation. Families 
are actively seeing the consequences of a monopoly in any industry 
during a time of unprecedented supply chain challenges. The U.S. infant 
formula market is dominated by three companies: Abbott Nutrition, 
Enfamil, and Gerber. Abbott holds the largest share of contracts in the 
WIC program with States, territories, and Tribes. This means that 
nearly half of all infants in the program are reliant on their formula.
  They also provide 43 percent of baby formula in the United States and 
is one of several companies that controls 89 percent of the U.S. infant 
formula market, making it especially vulnerable to issues like this.
  When the massive companies in charge of this product fail, millions 
of families are thrust into the dangerous situation of not being able 
to feed their children.
  It is unconscionable that we did not have a backup plan for a supply 
chain issue like we are seeing, and families are left desperate. This 
bill does that, ensuring that if we ever have this type of crisis in 
the future, we are prepared, and we can quickly shift gears.
  I want to say to the moms struggling that we hear you in Congress, 
and you do not need to handle this on your own. We are working to find 
you a solution. Your words are not falling on deaf ears.
  Madam Speaker, I urge my colleagues to support this legislation.
  Mrs. STEEL. Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 1 minute to the 
gentlewoman from California (Ms. Pelosi), the Speaker of the United 
States House of Representatives.
  Ms. PELOSI. Madam Speaker, I thank the gentleman for yielding and for 
his great leadership in bringing this important legislation to the 
floor, which is part of his leadership for the children, America's 
working families, and our country.
  I also commend Congresswoman Jahana Hayes for her exceptional 
leadership in this regard, for talking about this issue, for giving 
people hope that there is a solution not only to correct the situation 
for now but to make sure it doesn't happen again.
  I thank Mr. Scott for his leadership in so many ways.
  Madam Speaker, today, the House is taking strong action to improve 
access to infant formula through the Women, Infants, and Children's 
program, also known as WIC. This shortage has taken an especially 
dangerous toll on women and children from underserved communities as 
about half of all infant formula sold nationwide is purchased as WIC 
benefits.
  Thanks to the tireless leadership of Congresswoman Jahana Hayes and 
Education and Labor Chairman  Bobby Scott, we will pass legislation 
today to secure important flexibility for the WIC program to help 
vulnerable families buy infant formula in times of emergency.

  This action ensures WIC can respond quickly to supply chain 
disruptions and recalls by relaxing certain non-safety-related 
regulations. In doing so, we make sure that America's babies get the 
nutrition they need right now and for the future.
  At the same time, under the relentless leadership of Appropriations 
Chair Rosa DeLauro, the House will soon pass an emergency supplemental 
appropriation to address the shortage.
  The supplemental delivers urgently needed resources to the FDA to 
take steps to restore formula supply, increase FDA's inspection staff, 
keep fraudulent products off the grocery shelves, and better collect 
data on shortages in communities across the Nation.
  It is essential that we ensure the Federal Government has the 
resources it needs to get baby formula back on the shelves. As the 
President said, we want to do it quickly, but we must do it safely, and 
we must do it with caution, not so fast as not to be safe.
  These two bills are strong steps, and Democrats will not relent in 
shining a bright light on this emergency.
  I am hopeful that Congressman Scott's and Congresswoman Hayes' 
legislation will be strongly bipartisan. That is my understanding, and 
that would be a great thing, coming together for the children.
  Additionally, Chairwoman DeLauro is having hearings tomorrow in the 
Appropriations Committee on this subject. Chairman Frank Pallone of the 
Energy and Commerce Committee will be holding hearings next week to 
learn more. Chairwoman Carolyn Maloney of the Committee on Oversight 
and Reform has launched an investigation into the shortage, requesting 
that the four major formula manufacturers detail the steps they are 
taking to address this emergency. I thank her for her leadership.
  When people ask me what the three most important issues facing the 
Congress are, I always say the same thing: our children, our children, 
our children--their health; their education; the economic security of 
their families; a clean, safe, gun violence-free environment in which 
they can thrive; and a world at peace in which they can reach their 
fulfillment.
  That is why ensuring our beautiful babies have the nutrition they 
need to grow up healthy and strong is of urgent moral imperative.
  As a mother of five and grandmother of nine, I know firsthand that 
when a baby is crying because a baby is hungry, we want to give that 
baby what is best for the baby in terms of not only satisfying the 
hunger but helping with the development, and that is why this has to be 
safe. Together, these two bills are the latest manifestation of our For 
the Children agenda, protecting their health and well-being.
  Today, the President invoked the Defense Production Act to address 
nationwide shortages of baby formula, and that is a good thing. He will 
also make available some military aircraft to bring formula that is 
safe from other places to our country to get that formula on the 
shelves, in the homes, for the babies as soon as possible.
  I say this is as personal as it gets for a family. Again, we all want 
it to be safe, and that is what I know that this legislation is about. 
That is why a vote ``no'' on this will deprive hungry babies of 
nutrition they need and jeopardize their future. That is why I am so 
glad it will be strongly bipartisan.
  I urge an ``aye'' on both bills for the babies, for the children, and 
I congratulate both sides of the aisle for their work on this 
legislation.
  Mrs. STEEL. Madam Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Walberg).
  Mr. WALBERG. Madam Speaker, I thank my friend for yielding the time.

[[Page H5155]]

  Madam Speaker, I rise today in support of H.R. 7791, the Access to 
Baby Formula Act, to prevent a future crisis like the one taking a toll 
on families today. I am a grandfather and a father, so it is important 
to me.
  Across the country, new mothers are going store to store in desperate 
search of baby formula. It is stressful; it is gut-wrenching; and it is 
unacceptable. Even when parents can find baby formula, the price has 
soared 18 percent in the past year.
  How did we get to this dire situation? Last November, the Food and 
Drug Administration shut down the Nation's top baby formula 
manufacturer, a plant just outside of my district in Michigan. Since 
then, the Biden administration has slow-walked the response and failed 
to understand the consequences of their actions. The FDA should have 
reopened the Abbott plant in Sturgis sooner.
  This plant is consequential, in large part due to a contract they 
have with WIC. H.R. 7791 takes critical steps to safeguard WIC 
participants, even in the event of something like a plant closure.
  This legislation requires preparation and planning for supply chain 
disruptions, ensures appropriate guide rails, and will prevent 
disasters caused in part by government contracts altering the market.
  As a parent, ensuring the health and well-being of your child is 
paramount. They should not have to scramble from one empty shelf to 
another and worry about feeding their babies. This formula shortage is 
an urgent crisis and one that cannot happen again.
  I urge my colleagues to support the Access to Baby Formula Act.
  Mr. SCOTT of Virginia. Madam Speaker, I yield 2 minutes to the 
gentlewoman from New York (Mrs. Carolyn B. Maloney), the chairwoman of 
the Oversight and Reform Committee.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I thank the 
gentleman for yielding and for his extraordinary leadership on this 
issue and so many other areas.
  I thank our Speaker for speaking out so beautifully for the children, 
for our support for their health, for baby formula, for their support 
in general, and Rosa DeLauro for her appropriations bill that will 
supply $28 million for the baby formula crisis. For the author of this 
very important bill before us, Representative Jahana Hayes, I thank her 
for her leadership, too.

  I rise in support of H.R. 7791, the Access to Baby Formula Act, vital 
legislation to improve access to infant formula for families with less 
income who use the WIC family benefit program. That is the Women, 
Infants, and Children program.
  The Abbott recall and formula shortages have devastated families 
across our country, particularly those who rely on the WIC program.
  I have been contacted by constituents who are traveling far and wide 
to find the formula. They are going on the internet to find it. They 
are printing their grandmothers' formulas. They are coming up with 
other ways to try to get formula to infants.
  This is absolutely unacceptable. We cannot sit by while families 
struggle to feed their babies.
  That is why I have sent letters to the CEOs of the four largest baby 
formula manufacturers, pressing them on their plans to boost supply. 
What happened? Why did this happen in the first place? How soon are 
they going to get formula back on the shelves of our stores for our 
families? How will they prevent future shortages?
  We must pass this bill to provide the additional WIC program with the 
flexibility that President Biden called for so that families across the 
country can access affordable formula.
  Under the WIC program now, they are only allowed to contract with 
Abbott, the company that had the recalls, so this would allow them to 
contract with other companies to provide this vital service.
  Mrs. STEEL. Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I include in the Record a 
letter from dozens of health, nutrition, education, and child advocacy 
organizations urging passage of this legislation, and I reserve the 
balance of my time.

                                                     May 18, 2022.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Charles Schumer,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Kevin McCarthy,
     Minority Leader, House of Representatives,
     Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader, U.S. Senate,
     Washington, DC.
       Dear Speaker Pelosi, Leader McCarthy, Leader Schumer, and 
     Leader McConnell: Parents across the country are increasingly 
     anxious about the diminished availability of infant formula 
     in traditional retail channels after Abbott Nutrition 
     instituted a nationwide recall of its most popular products 
     in February 2022. The undersigned organizations urge swift 
     action in Congress to provide federal agencies with the 
     flexibilities and resources needed to shore up supply, assure 
     the safety of infant formula available on the market, and 
     provide families with options that ensure babies have access 
     to essential nutrition.
       Although breastfeeding is the optimal source of infant 
     nutrition, sustained breastfeeding is not an option for many 
     mothers. Infant formula is an essential product constituting 
     the majority--or even exclusive--source of nutrition for many 
     infants and some older children and adults with metabolic 
     disorders. Since Abbott Nutrition announced the infant 
     formula recall in February 2022, the Food and Drug 
     Administration (FDA) has led an interagency effort to address 
     supply challenges and encourage increased production among 
     the limited domestic manufacturers. The infant formula 
     manufacturing sector is highly concentrated, with only four 
     companies--Abbott Nutrition, Reckitt Benckiser (Mead 
     Johnson), Nestle (Gerber), and Perrigo--commanding nearly 90 
     percent of the domestic infant formula supply. As the nation 
     navigates through the Abbott recall, manufacturer assurances 
     of increased production have not yet translated to increased 
     stock on the shelves, leaving many families with limited 
     options and acutely impacting individuals who need specialty 
     formulas to accommodate for allergies, digestive issues, or 
     metabolic disorders.
       More than half of all infant formula purchases in the 
     country go through the Special Supplemental Nutrition Program 
     for Women, Infants, and Children (WIC), which typically 
     limits the 1.2 million infants receiving formula benefits to 
     a specific brand. Though WI C's State-based, sole-source 
     contracting process has been a successful cost containment 
     strategy, limited options posed a unique challenge during 
     this unprecedented failure of the manufacturing sector. 
     Starting in February 2022, a patchwork of waivers from the 
     U.S. Department of Agriculture (USDA) and contract 
     flexibilities exercised by State WIC Agencies allowed for WIC 
     families have more options--including additional container 
     sizes and brands--to ensure that low-income families could 
     obtain infant formula amid limited supply on the shelves.
       As with the commercial market, WIC's program structure did 
     not anticipate the possibility of the widespread shortages 
     that are felt today by all parents of formula-fed infants. 
     The bipartisan Access to Baby Formula Act advances common-
     sense, but essential, flexibilities that will provide 
     regulatory relief and maximum flexibility to State and local 
     providers as they support low-income families during product 
     recalls and public health emergencies. This legislation also 
     works to build contingencies into State contracts with infant 
     formula manufacturers and promotes collaboration between USDA 
     and FDA to assure a coordinated, public-private response to 
     infant formula recalls and supply disruptions. These steps 
     empower WIC with the flexibility to ensure that the most 
     vulnerable infants have access to adequate nutrition when 
     supply is strained or limited.
       Additionally, the Infant Formula Supplemental 
     Appropriations Act of 2022 would provide $28 million in 
     funding for FDA to address product shortages and strengthens 
     the agency's capacity to assure safety of infant formula, 
     especially as new products enter the domestic market. FDA's 
     limited bandwidth to monitor for safe manufacturing practices 
     at infant formula production sites is concerning, and this 
     additional funding will be essential to building a safe and 
     more resilient supply chain that delivers quality product to 
     support infants' nutrition needs.
       Together, these two bills provide a substantial next step 
     in the federal response to the Abbott recall and will better 
     position agencies and low-income families to weather the 
     crisis. But more must be done to identify and remedy the 
     structural factors that allowed for the domestic infant 
     formula supply to be so substantially impacted by the closure 
     of only one manufacturing facility. We look forward to 
     ongoing efforts in Congress and federal agencies to assess 
     the competitiveness of the infant formula manufacturing 
     sector and assure that any given manufacturer's operations 
     are sufficiently diversified to deliver essential product to 
     parents in need.
       We thank you for your attention to this issue, which 
     remains top-of-mind for so many parents across the country, 
     and we urge swift action to deliver change and build a better 
     future for the next generation of Americans.
           Sincerely,


                         National Organizations

       National WIC Association, MomsRising, 2020 Mom, 9to5, A 
     Better Balance, Academy

[[Page H5156]]

     of Nutrition and Dietetics, American Federation of State, 
     County, and Municipal Employees (AFSCME), Alliance to End 
     Hunger, American Academy of Family Physicians, American 
     Federation of Teachers, American Public Health Association, 
     American Public Human Services Association, American Society 
     for Nutrition, Association of Maternal & Child Health 
     Programs, Association of State and Territorial Health 
     Officials, Asthma and Allergy Foundation of America.
       Autistic People of Color Fund, Autistic Women & Nonbinary 
     Network, BUILD Initiative, Campaign for a Family Friendly 
     Economy, Catholics for Choice, Center for Science in the 
     Public Interest (CSPI), Chamber of Mothers, Child Care Aware 
     of America, Child Welfare League of America, Children's 
     Advocacy lntitute, Children's HealthWatch, Coalition on Human 
     Needs, Community Change Action, Congregation of Our Lady of 
     Charity of the Good Shepherd, U.S. Province; Democratic 
     Mayors Association, Disability Rights Education & Defense 
     Fund, Educare Learning Network, Equal Rights Advocates.
       Family Values @ Work, Family Voices, Families USA, FARE 
     (Food Allergy Research and Education), First Five Years Fund, 
     First Focus Campaign for Children, Food Research & Action 
     Center (FRAC), Hispanic Federation, Hunger Free America, 
     League of United Latin American Citizens (LULAC), March of 
     Dimes, MAZON: A Jewish Response to Hunger, Mom Congress, 
     National Advocacy Center of the Sisters of the Good Shepherd, 
     National Association for the Education of Young Children, 
     National Association of Councils on Developmental 
     Disabilities, National Association of Counties (NACo), 
     National Association of Social Workers, National Birth Equity 
     Collaborative.
       National Center for Parent Leadership, Advocacy & Community 
     Empowerment (National PLACE), National Community Action 
     Partnership, National Council of Jewish Women, National 
     Diaper Bank Network, National Education Association, National 
     Head Start Association, National Partnership for Women & 
     Families, National Women's Law Center, Nemours Children's 
     Health, Network Lobby for Catholic Social Justice, Nurse-
     Family Partnership, ParentsTogether Action, Partnership for 
     America's Children, Perigee Fund, PL+US: Paid Leave for the 
     U.S., Population Connection Action Fund, Prevent Child Abuse 
     America, Public Advocacy for Kids (PAK)), Research 2 Impact, 
     RESULTS.
       Save the Children, Share Our Strength, Society for 
     Nutrition Education and Behavior, Start Early, Supermajority, 
     The Arc of the United States, The National Consumers League, 
     The United States Conference of Mayors, Ultra Violet, United 
     State of Women, United States Breastfeeding Committee, URGE: 
     Unite for Reproductive & Gender Equity, Women's March, Young 
     Women for US, Youth Villages, YWCA USA, ZERO TO THREE, 
     Zioness Movement.


                     State and Local Organizations

       Arizona Head Start Association, AZ; Arizona Local Agency 
     WIC Association, AZ; Arkansas Advocates for Children and 
     Families, AR; BreastfeedLA, CA; California WIC Association, 
     CA; Head Start California, CA; LA Best Babies Network, CA; 
     Parent Voices CA, CA; Region 9 Head Start Association, CA; 
     Clayton Early Learning, CO; Colorado Children's Campaign, CO; 
     Family Voices CO, CO; Raise Colorado Coalition, CO; 
     Connecticut Early Childhood Alliance, CT; Connecticut Women's 
     Education and Legal Fund (CWEALF), CT; Universal Health Care 
     Foundation of Connecticut, CT.
       Educare DC, DC; RESULTS DC/MD, DC; Rodel, DE; Florida 
     Policy Institute, FL; GEEARS: Georgia Early Education 
     Alliance for Ready Students, GA; Hawaii Children's Action 
     Network Speaks!, HI; Common Good Iowa, IA; Children's Home & 
     Aid, IL; Erie Family Health, IL; Illinois Action for 
     Children, IL; First Things First, Porter County, IN; New Hope 
     Services, Inc., IN; Kansas Action for Children, KS.
       Agenda for Children, LA; The Amandla Group, LLC, LA; CCAL, 
     LA; For Providers By Providers, LA; The Little Schoolhouse, 
     LA; Louisiana Partnership for Children and Families, LA; 
     Louisiana Policy Institute for Children, LA; Toddler's 
     University, LA; YWCA Greater Baton Rouge, LA; Maine 
     Children's Alliance, ME; Maine State Parent Ambassadors, ME; 
     The Opportunity Alliance, ME.
       BAMSI-Quincy WIC, MA; Community Action Pioneer Valley, MA; 
     Holyoke/Chicopee WIC, MA; Lawrence WIC, MA; Massachusetts 
     Association of WIC Program Directors, MA; Valley Opportunity 
     Council, Inc., MA; WIC Chelsea/Revere, MA; Maryland WIC 
     Association, MD; Michigan Council for Maternal and Child 
     Health, MI; Michigan League for Public Policy, MI; Michigan's 
     Children, MI; Southeast Michigan Early Childhood Funders 
     Collaborative, MI; Montana Association of WIC Agencies, MT; 
     Zero to Five Montana, MT; Central District Health Department, 
     NE; FHSI WIC, NE.
       Children's Advocacy Alliance, NV; Early Learning NH, NH; 
     Granite State Progress, NH; Greater Seacoast Community 
     Health, NH; New Hampshire WIC Directors Association, NH; New 
     Hampshire Women's Foundation, NH; Advocates for Children of 
     New Jersey, NJ; Bernards Township Health Department, NJ; 
     Burlington County Health Department, NJ; Family Voices NJ, 
     NJ; Freehold Area Health Department, NJ; Gloucester County 
     Health Department, NJ; Maplewood Health Department, NJ; 
     Monmouth County Health Department, NJ; National Association 
     of Social Workers--NJ Chapter, NJ.
       New Jersey Citizen Action, NJ; New Jersey Time to Care 
     Coalition, NJ; NJPHA, NJ; SPAN Parent Advocacy Network 
     (SPAN), NJ; Township of Bloomfield, NJ; Village of Ridgewood 
     Health Department, NJ; Visiting Nurse Association of Central 
     Jersey, NJ; Visiting Nurse Association Health Group WIC, NJ; 
     Visiting Nurse Association, NJ; New Mexico Voices for 
     Children, NM; Parents Reaching Out To Help, NM; Alliance for 
     Quality Education, NY; Citizens' Committee for Children of 
     New York, NY; Prevent Child Abuse NY, NY; The Children's 
     Agenda, NY; Chinese-American Planning Council, NY; WIC 
     Association of New York State, NY.
       Child Care Services Association, NC; NC Child, NC; North 
     Carolina Budget & Tax Center, NC; North Carolina Early 
     Education Coalition, NC; North Carolina Head Start 
     Collaboration Office, NC; North Carolina Infant & Early 
     Childhood Mental Health Association, NC; Partnership for 
     Children of Johnston County, NC; Prevent Child Abuse North 
     Carolina, NC; Ready for School, Ready for Life, NC; Think 
     Babies NC Alliance, NC; Ehrens Consulting, ND; Family Voices 
     of North Dakota, ND; The Center for Community Solutions, OH; 
     Greater Cleveland Food Bank, OH; Ohio Association of Food 
     banks, OH; Oklahoma Partnership for School Readiness, OK; Our 
     Children Oregon, OR.
       Abortion Liberation Fund of PA, PA; Community Progress 
     Council WIC, PA; The Foundation for Delaware County, PA; 
     NORTH, Inc., PA; National Council of Jewish Women PA, PA; The 
     Philadelphia Women's Center, PA; Planned Parenthood of 
     Western Pennsylvania, PA; Beautiful Beginnings Child Care 
     Center, RI; Parents Leading for Educational Equity, RI; Rhode 
     Island Association for the Education of Young Children, RI; 
     Rhode Island KIDS COUNT, RI; Women's Fund of Rhode Island, 
     RI; The Womxn Project, RI; South Carolina Program for Infant/
     Toddler Care, SC; Early Learner South Dakota, SD.
       Black Children's Institute of Tennessee, TN; Tennessee 
     Justice Center, TN; Texans Care for Children, TX; Texas 
     Parent to Parent, TX; Early Childhood Alliance, UT; Birth in 
     Color RVA, VA; Child Health Investment of Partnership of 
     Roanoke Valley, VA; Children's Health Improvement Program of 
     the New River Valley, VA; Children's Health Investment 
     Program, VA; Children's Trust, VA; City of Richmond, VA; 
     Cohen Military Family Center, VA; Family Lifeline, VA; 
     Families Forward Virginia, VA; Greater Richmond SCAN, VA; 
     Healthy Families, VA.
       Healthy Families Central Virginia, VA; Healthy Families 
     Danville Pitts County, VA; Healthy Families Fairfax, VA; 
     Newport News Department of Health, VA; Office of Children and 
     Families, City of Richmond, VA; People Incorporated CHIP of 
     Southwestern Virginia, VA; Sacred Village Doula Services, VA; 
     Tri-County Community Action Agency, Inc.; Voices for 
     Virginia's Children, VA; The Up Center, VA; Urban Baby 
     Beginnings, VA.
       Voices for Vermont's Children, VT; Child Care Resources, 
     WA; Children's Alliance, WA; Children's Campaign Fund, WA; 
     Northwest Harvest, WA; Partners for Our Children, WA; Start 
     Early Washington, WA; Statewide Poverty Action Network, WA; 
     Washington Chapter of the AAP, WA; Washington Physicians for 
     Social Responsibility, WA; We Are One America, WA; LaCrosse 
     County WIC, WI; Wisconsin Early Childhood Association, WI; 
     Wisconsin WIC Association, WI.

                              {time}  1930

  Mrs. STEEL. Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I had another speaker on the 
way, but he is not here yet, so I am prepared to close. I reserve the 
balance of my time.
  Mrs. STEEL. Madam Speaker, I yield myself the balance of my time.
  It is undeniable that the nationwide baby formula shortage has 
created immense panic and desperation among families. From skyrocketing 
inflation and gas prices, to rising violent crime, the American people 
are being faced with crisis after crisis. The last thing families need 
right now is a shortage of such essential goods as baby formula.
  In the United States of America, no parent should be unsure of how 
they will feed their infant child. We need to act today to reverse the 
effects of this shortage on American families, and the bipartisan bill 
before us today offers an opportunity to right this ship.
  I urge my colleagues to support this bill, and I yield back the 
balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield myself the balance of 
my time.
  Madam Speaker, as I said at the beginning of debate, one of our core 
responsibilities as lawmakers during times of crisis is to ensure that 
families, particularly those most in need, can continue to feed their 
children. This is precisely the goal that the Access to Baby Formula 
Act seeks to achieve.
  By providing additional flexibilities in the WIC program, we have a 
critical

[[Page H5157]]

opportunity to assure that families can continue using their WIC 
benefits to get safe and available formula products that their children 
need.
  Simply put, the Access to Baby Formula Act is legislation we need to 
ensure access to formula for children and families who need it most, 
both during this current shortage and into the future.
  I thank the gentlewoman from Connecticut (Mrs. Hayes) and the 
gentlewoman from California, (Mrs. Steel) for their urgent leadership 
on behalf of our Nation's children and families.
  I urge my colleagues to support H.R. 7791, the Access to Baby Formula 
Act, and I yield back the balance of my time.
  Ms. MOORE of Wisconsin. Madam Speaker, I rise today in support of the 
Access to Baby Formula Act, bipartisan legislation in response to the 
infant formula shortage that is affecting the most vulnerable in our 
communities, our children.
  This legislation recognizes the important role that WIC plays in 
meeting the health and nutrition needs of our nation's mothers, babies, 
and children.
  WIC is the premier public health nutrition program that provides 
supplemental food aimed at improving the health and well-being of 
millions of pregnant mothers, infants, and children.
  In FY 2021, average monthly WIC participation in my state of 
Wisconsin was 80,000, including about 19,000 infants.
  Studies have proven time and again food is medicine, and that 
availability of nutritious food reduces adverse maternal and infant 
health outcomes.
  Unfortunately, families across the country are struggling to find 
formula that their babies need.
  The Biden Administration has acted to respond to this shortage and I 
am pleased that today Congress will build on and support those efforts.
  With around half of the formula purchased through WIC benefits, our 
WIC families are particularly vulnerable which is why it is critical 
that Congress pass this bill swiftly.
  What can be more important than feeding our babies?
  This bill authorizes new flexibilities to respond to supply chain or 
other disruptions such as a recall that adversely affects the ability 
of WIC agencies and programs to meet the needs of those who rely on the 
program.
  We must do everything in our power to ensure that all babies have 
access to formula that they may need to start life strong and that 
includes giving WIC programs and the incredible people who staff them 
the flexibility they need to provide immediate relief to the families 
they serve.
  I urge support of this bill.
  Ms. JACKSON LEE. Madam Speaker, I rise in strong support of H.R. 
7791, Access to Baby Formula Act, a bill to amend the Child Nutrition 
Act of 1966 to establish waiver authority to address certain 
emergencies, disasters, and supply chain disruptions.
  I am a cosponsor of H.R. 7791, and I thank my good friend and 
colleague Congresswoman Jahana Hayes for introducing this important 
bill that addresses the ongoing national crisis in shortages of infant 
baby formula.
  I serve on the House Committees on the Budget and Homeland Security 
both of which have oversight or funding responsibilities for addressing 
this current crisis.
  Many parents know there has been a short supply of baby formula 
nationwide for months, due to pandemic-related supply chain issues.
  That shortage is now a crisis after four children became sick, and 
two died, after suspected bacterial contamination of formula which 
originated from Abbott Nutrition's formula plant in Sturgis, Michigan.
  This key bill will help improve access to infant formula for 
vulnerable families during the infant formula shortage crisis.
  Infant formula is essential to a baby's early life and development.
  The shortage of infant formula has disproportionately affected women 
and children who rely on WIC benefits to purchase infant formula.
  Over fifty percent of the infant formula produced in the United 
States goes to the Special Supplemental Nutrition Program for Women, 
Infants, and Children (commonly known as the WIC program).
  The infant formula shortage crisis has taken a especially dangerous 
toll on women and children from underserved communities who use WIC 
benefits to access infant formula.
  The Special Supplemental Nutrition Program for Women, Infants, and 
Children (WIC) helps ensure the health and well-being of low-income 
women, infants, and children up to ages five who are at an increased 
nutritional risk.
  WIC participation has been associated with improved infant health 
outcomes--including reduced infant mortality and reduced disparities in 
hospitalization rates among black and Latino infants.
  WIC serves to safeguard the health of low-income women, infants, and 
children younger than 5 who are at nutritional risk.
  About half of infant formula sold nationwide is purchased with WIC 
benefits.
  The baby formula shortage is hitting poorer communities 
disproportionately hard.
  According to an article from CNN, about half of WIC beneficiaries 
lost access to baby formula when their major supplier, Abbott 
Nutrition, recalled their products.
  The shortage has left all parents with less choices and is adding 
further pressure to already existing economic disparities.
  Recently, I partnered with the National Association of Christian 
Churches to distribute baby formula to 800 desperate parents at Jack 
Yates High School to provide help to parents with the greatest need in 
Houston.
  Ovie and Mikayla Cade were two parents of the hundreds that came to 
the school for formula to feed their baby and looked to Jack Yates High 
School for relief.
  The baby formula give-away provided short-term relief to parents in 
search of formula to feed their babies.
  That is why for the time being I plan to reach out to national 
disaster organizations to pull together resources to provide immediate 
support for these families.
  This shortage transcends state lines and requires a joint effort on 
all fronts to get these infants the nutrition they need as quickly as 
possible.
  This bill provides the Department of Agriculture (USDA) the authority 
to waive certain requirements so that vulnerable families in the WIC 
program can continue purchasing other safe and available infant formula 
products with their WIC benefits during extenuating circumstances, such 
as a public health emergency or supply chain disruption.
  The current WIC program has restrictions on which infant formula 
products a WIC participant can purchase using their WIC benefits.
  WIC has limited the types and form of baby formula that can be 
purchased by families by only allowing powder formula.
  The current crisis is an opportunity to remove this limitation on the 
types of baby formula available to parents and focus on the nutritional 
needs of babies.
  The bill will also ensure that WIC participants are better protected 
during a product recall.
  This is the first time in recorded memory that our nation has had a 
substantial shortage of infant formula.
  Babies are in need and parents and caregivers are desperate to find 
formula to feed their children.
  As the founder and Chair of the Congressional Children's Caucus, I 
have worked to address the needs of women, families, and children.
  Currently, the nationwide out-of-stock rate for baby formula has 
reached a high of 43 percent.
  According to CBS News, more than half of all baby formula products 
available in Texas are completely sold out, with an out-of-stock rate 
at 52.5 percent in Houston.
  Infants must eat every three to four hours and their formula or 
breast milk must have certain nutrients in order to provide them with 
essential nutrition for their growth and development.
  The fact that formula feeding exists on a continuum with breast 
feeding.
  There is no substitute for formula feeding because only 1 in 4 
infants breastfeed exclusively.
  For parents who depend on baby formula either out of choice or 
necessity, this crisis has the potential of impacting an entire 
generation of infants for the rest of their lives.
  Desperation is overwhelming parents, and some are turning to making 
their own baby formula at home.
  Pediatricians caution against homemade baby formula as it runs the 
risk of not providing the right amount of nutrients necessary for 
healthy development.
  This crisis was triggered by a manufacturing recall and subsequent 
closure of a major manufacturing plant as well as pandemic-related 
supply chain issues.
  Specifically, on February 17, Abbott Nutrition--the largest infant 
formula manufacturer in the country--initiated a voluntary recall of 
several lines of powdered formula (including Similac, Alimentum, and 
EleCare) and subsequently closed its large manufacturing facility in 
Sturgis, Michigan.
  The recall and closure of the plant happened because of concerns 
about bacterial infection at the Sturgis manufacturing facility after 
four infants fell ill and two died.
  Also, at the time of the recall, FDA issued a warning to consumers 
not to use these recalled products.
  President Biden has directed his Administration to work urgently to 
ensure that infant formula is safe and available for families across 
the country during the Abbott Nutrition voluntary recall.

[[Page H5158]]

  Yesterday President Biden spoke with retailers and manufacturers--
including the CEOs of Walmart, Target, Reckett, and Gerber--and called 
on them to do more to help families purchase infant formula.
  President Biden also announced additional steps to get infant formula 
onto store shelves as quickly as possible without compromising safety. 
These steps include:
  Cutting red tape to get more infant formula to store shelves quicker 
by urging states to provide consumers flexibility on types of formula 
they can buy with WIC dollars
  Calling on the FTC and state attorneys general to crack down on any 
price gouging or unfair market practices related to sales of infant 
formula, like third party sellers re-selling formula at steep prices
  The Biden-Harris Administration will continue to monitor the 
situation and identify other ways it can support the safe and rapid 
increase in the production and distribution of baby formula.
  As a result, more infant formula has been produced in the last four 
weeks than in the four weeks preceding the recall--despite one of the 
largest infant formula production facilities in the U.S. being offline.
  The CDC has ended its investigation and directs consumers to the 
Abbott website to get information on the lots recalled and not 
recommended for use.
  The baby formula shortage is not over and the Congress and the 
Administration must work together to find the solutions parents need to 
have access to baby formula to feed their infants.
  This is not an issue that parents can easily solve at home.
  I ask fellow members of the House to join me in voting in favor of 
H.R. 7791.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 7791.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. STEEL. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________