[Congressional Record Volume 168, Number 85 (Wednesday, May 18, 2022)]
[House]
[Pages H5158-H5163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INFANT FORMULA SUPPLEMENTAL APPROPRIATIONS ACT, 2022
Ms. DeLAURO. Madam Speaker, pursuant to House Resolution 1124, I call
up the bill (H.R. 7790) making emergency supplemental appropriations to
address the shortage of infant formula in the United States for the
fiscal year ending September 30, 2022, and for other purposes, and ask
for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1124, the bill
is considered read.
The text of the bill is as follows:
H.R. 7790
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2022, and for other purposes,
namely:
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$28,000,000, to remain available until September 30, 2023,
shall be available to address the current shortage of FDA-
regulated infant formula and certain medical foods in the
United States and to prevent future shortages, including such
steps as may be necessary to prevent fraudulent products from
entering the United States market: Provided, That the
Commissioner of Food and Drugs shall report to the Committees
on Appropriations of the House of Representatives and the
Senate on a weekly basis on obligations of funding under this
heading in this Act to address the shortage of infant formula
and certain medical foods in the United States: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022.
GENERAL PROVISIONS--THIS ACT
Sec. 101. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 102. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2022.
This Act may be cited as the ``Infant Formula Supplemental
Appropriations Act, 2022''.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees.
The gentlewoman from Connecticut (Ms. DeLauro) and the gentlewoman
from Texas (Ms. Granger) each will control 30 minutes.
The Chair recognizes the gentlewoman from Connecticut.
General Leave
Ms. DeLAURO. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Connecticut?
There was no objection.
Ms. DeLAURO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, this funding legislation will work in tandem with
President Biden's launch of Operation Fly Formula and the invocation of
the Defense Production Act to help quickly and safely address the
infant formula shortage in this country and help prevent this from
happening again.
I am shocked by the infant formula crisis. The shortage we are seeing
today is in large part caused by some who chose not to prioritize the
health and the safety of our babies.
In September 2021, Food and Drug Administration, FDA inspectors
conducted a routine inspection of the Abbott Nutrition facility in
Sturgis, Michigan, where suspicions of wrongdoing were already present,
as noted in a Bloomberg article published on May 12 from a reporter who
obtained the FDA report through a Freedom of Information Act request.
On October 20, 2021, a whistleblower who worked at that Abbott
facility submitted a report to the FDA unveiling a damning list of
allegations of wrongdoing at the hands of Abbott. Recalls happen, but
if the allegations are true, this company has lied, cut corners,
falsified records to cover up their misdoings at the sake of infant
health. This is plain wrong.
But this was in October. The FDA knew about what Abbott was doing in
October and, yes, they dragged their feet. It was not until late
December that the FDA interviewed the whistleblower. And then not until
a month after that, in late January, was the plant inspected in person.
Abbott then issued a recall in February, 4 months later.
In March, I requested an HHS Office of Inspector General report to
look into this tragedy, so that we can hold the bad actors accountable.
And then I got ahold of and submitted for the record a whistleblower
report with truly awful allegations against Abbott.
Their wrongdoings included the falsification of records, testing
seals on empty cans, releasing untested infant formula, just to name a
few. In essence, they put a product on the market, a contaminated
product, which they knew was contaminated. We have lost--at least two
infants died. Several were hospitalized.
Let's look back for a moment. Now, we are learning that in 2014,
Abbott deliberately and successfully tried to weaken bacteria testing
safety standards. At that time, the FDA issued a proposed rule that
would have increased the regular safety inspections of infant formula
manufacturing facilities to prevent the contamination of infant
formula; the very crisis that we have today.
The Federal Government has an important role to play in addressing
this painful issue. As I said, at least two babies died, and four more
were hospitalized that we know of because of corporate greed,
consolidation, and a disgraceful lack of proper oversight by the FDA.
This is infant formula we are talking about. Parents trust that this
formula will be safe and healthy for their newborn babies. It should be
the most regulated and protected of any product,
[[Page H5159]]
and here, we see Abbott putting production and profits before people.
I introduced this bill this week because 43 percent of infant formula
is out of stock nationwide. There is an immediate need to bring infant
formula to the babies and families facing such a dire necessity. In the
wealthiest Nation in the world, babies should not be at risk of going
hungry. Parents should not have to play a guessing game and wonder if
the food that they are giving their babies is safe.
Earlier this evening, President Biden announced that he would invoke
the Defense Production Act to increase domestic production of infant
formula, launching Operation Fly Formula to use Federal planes to fly
formula in from abroad.
I have been calling for the swift importation of safe infant formula
from FDA-approved facilities overseas since the beginning of this
crisis. These steps will achieve this goal, and I applaud the Biden
administration for rising to this urgent challenge.
Now that we are ramping up production, preparing to purchase formula
from abroad, we must ensure that it is safe. And I would repeat, this
product needs to come from FDA-approved facilities so we make no
mistake that they are adhering to a standard. The FDA needs the
resources to do that.
The FDA plays a critical role in ensuring formula provides the full
nutritional needs of infants and that it is manufactured in the safest
way possible. We must ensure that a lack of funding is not a barrier to
getting safe formula to parents and babies.
The bill before us does just that. It addresses this pressing need by
providing $28 million in new funding for the FDA. These funds will be
used to prevent fraudulent products from entering the marketplace, to
acquire better data of the situation in the marketplace, and to fund
the balance of FDA activities. To prevent shortages from happening
again, funds will strengthen the workforce focused on formula issues
and increase the FDA's inspection staff.
The FDA needs resources to be able to get this work done quickly, and
safely, and that includes building their workforce. Right now, they
have only nine people on staff inspecting and reviewing the submissions
that could increase the number of FDA-approved facilities developing
infant formula. It is not enough.
Being able to have more staff who are doing this job will ensure FDA
can increase the quality of submissions being reviewed without risking
the quality of the review process. We also have their funds that will
buttress their inspection teams so that we can get more FDA-approved
facilities online.
I am proud that this bill meets this urgent need. People are looking
for some relief, and I am proud that we are on the floor tonight to
ensure that families get this help as soon as possible.
But we should not, and we will not be made to choose between the
health and the safety of our babies and the supply that keeps them fed.
I reject this dangerous and false dichotomy.
Let me be clear: The funding in this bill seeks to address the
shortage now, but we must simultaneously find solutions that prevent
this contamination and the shortage from happening again. Our work here
is not done. We will introduce legislation in the next several days to
address the root cause of the issue so that it does not happen again.
Madam Speaker, we all are heartbroken, both at the stories of the
babies who died and their mourning families, and the millions of moms
and dads today who are frantic and scrambling to find formula, and who,
within their hearts, are scared that the product they may be giving
their infant can potentially cause them grave harm.
That is not who we are. That is not who we are. Our babies are our
most vulnerable, and we must work quickly and decisively to make safe
formula available for every single baby in this country who needs it.
Madam Speaker, I urge my colleagues to support this absolutely
critical piece of legislation, and I reserve the balance of my time.
Ms. GRANGER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in opposition to H.R. 7790, the Infant
Formula Supplemental Appropriations Act.
American families are facing yet another crisis. Parents don't have
the access to the formula their children need, and they are angry and
they are frightened; and I understand why they are angry and they are
frightened.
There are reports that more than 40 percent of baby formula is sold
out across the United States. Some families are having to drive hours
just so their children don't go to bed hungry.
At a time when Americans are paying record-high gas prices, no one
can afford this.
We had the opportunity to work across the aisle on a bipartisan
solution to this crisis. Unfortunately, the text we are considering
today has not been agreed to by both sides.
{time} 1945
I have four concerns about the bill. First, the bill does nothing to
force the FDA to come up with a plan to address the shortage. Second,
it does nothing to address whether Federal agencies have excess formula
that could be directed to American households. Third, it fails to
leverage the Federal Government's existing capabilities to transport
formula. Finally, the bill gives the FDA an additional $28 million,
when funds are already available to address this issue.
Two months ago, we increased the FDA's operating budget by $102
million. This included an $11 million increase specifically for
maternal and infant health and nutrition. There is also more than $1
billion that the Department of Agriculture has available to address
supply chain issues. My question is: Why can't these existing funds be
spent?
Ultimately, I fear that H.R. 7790 will not put more formula on store
shelves, and that is why I am opposing this bill. We should take the
time to do it right.
Madam Speaker, I reserve the balance of my time.
Ms. DeLAURO. Madam Speaker, I yield myself such time as I may
consume.
I might just add, just a quick moment, to indicate to my colleague,
who is my friend, that, in fact, we did check with other departments
and agencies, and particularly with FEMA, to find out what they might
have in stock. FEMA currently has on hand formula for 550 infants for
one week. So, in fact, we don't have other Federal agencies that do
have a stock of infant formula. What we have said in the legislation is
that the FDA must report to House and Senate Appropriations Committees
on a weekly basis of where the money is being used, how it is being
used, so that we have accountability.
I am really honored to yield to my colleague who chairs the
Appropriations Subcommittee on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies. This is coming through his
subcommittee. He has been a tireless fighter on this issue, making sure
that our kids are safe. To that end, he will be talking with the
director of the Food and Drug Administration tomorrow morning. So he
has been really at the center of this effort.
Madam Speaker, I yield 3\1/2\ minutes to the gentleman from Georgia
(Mr. Bishop).
Mr. BISHOP of Georgia. Madam Speaker, I thank the gentlewoman for
yielding, and I thank her for her passion and compassion in confronting
this issue.
As chairman of the House Appropriations Subcommittee on Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies,
I am glad to support Chairwoman DeLauro as we address the infant
formula crisis facing America. We are working toward ensuring that
parents and other caregivers have access to safe and affordable
nutrition for the babies in their care.
The emergency funds allocated by this bill will help safely expedite
the inspection of the country's infant formula supply and quickly get
it back on the shelves of stores across the country.
But we must also address how such a crisis came to pass in the first
place. How did a manufacturer, a company responsible for over 40
percent of a Nation's infant formula supply, have an unclean facility?
How was this situation left unchecked? How did it lead to
hospitalization and the death of babies?
[[Page H5160]]
Congress will be scrutinizing this crisis with the FDA and
manufacturers in the days ahead. I look forward to my subcommittee
hosting the first hearing in this regard with FDA Commissioner Robert
Califf tomorrow morning.
I have often stood on this very floor to tout the importance of the
FDA and how it touches every single family and every life in America.
Today is a stark reminder of that fact. The FDA is at the forefront of
our system of checks to ensure that our food and our medicine,
including infant formula, meet the nutritional standards, the
nutritional needs, and that they are safe for our consumers.
We must ensure the safety of and reestablish Americans' confidence in
the infant formula that they purchase. That means getting more
inspectors out in the field to make sure that the drive for corporate
profit does not compromise infant formula safety. It also means making
sure families are not being sold fake formula or subjected to price
gouging from bad actors and hoarders looking to take advantage of the
crisis.
I have heard from families who are distraught at the news of this
crisis. They want to know how a tainted product got to the market; how
come there is not enough baby formula to replenish store shelves; and
what we are doing to make sure they have access to safe baby formula
quickly.
This bill provides the funds to improve the safety of, to reduce
fraud in, and to better understand the pressures and vulnerabilities of
the infant formula market. It helps address the shortage we face today
while getting us the data we need to prevent this from happening again.
Families are willing to make tremendous sacrifices for and
investments in the safety and well-being of their children. Making sure
their children are fed is one of the most fundamental concerns parents
face. By passing this bill, Congress is standing up for our families.
Madam Speaker, I urge my colleagues to pass this bill. Let's make
sure that the infants in America have safe and available formula.
Ms. GRANGER. Madam Speaker, I yield 5 minutes to the gentleman from
Maryland (Mr. Harris), the acting ranking member of the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies.
Mr. HARRIS. Madam Speaker, I thank the gentlewoman from Texas for
yielding me the time.
Madam Speaker, I rise in opposition tonight to H.R. 7790, the Infant
Formula Supplemental Appropriations Act, a bill that just continues the
majority's reckless spending spree without actually fixing the infant
formula crisis this administration caused.
Like parents across America, I am frustrated by the Biden
administration's lack of urgency to address this completely predictable
crisis. In fact, infant formula supply challenges started last fall and
were exacerbated with the Abbott recall of infant formula and the
facility closing in February.
At that time, the administration and the FDA should have made it a
priority, back in February, to get this plant safely back online as
quickly as possible. Instead, they allowed yet another crisis to occur.
In fact, the facility remains idle 3 months later, with just a recent
announcement by the FDA that they have now come to an agreement with
Abbott on how to reopen the plant.
The answer to the formula shortage is the families need more formula,
and we need to get one of the largest domestic producers of formula
safely operating again.
But this is not a money problem. This is a leadership problem. It is
another example of this administration's disregard for hardworking
American families who are already struggling with record-high gas
prices, food prices, and inflation soaring to a 40-year high.
All of us have constituents impacted by this formula shortage, and
this is one issue we should have been able to address in a bipartisan
manner.
I thank Ranking Member Granger for her leadership on this issue,
offering commonsense solutions that wouldn't have added to our national
debt and would have held the FDA accountable for its foot dragging.
Unfortunately, Republican input was dismissed, and this bill just
continues the Democrats' strategy of throwing money at the same
bureaucrats who caused the crisis and who have not made its solution a
priority so that that failed agency can hire even more bureaucrats.
This is yet another missed opportunity to allow Republicans and
Democrats to work together for the benefit of American families.
Instead, the majority is going it alone, having caused this problem
just like they caused the high gas prices, crime in our streets, and
rising food prices. They are not solving it with this bill; they are
just spending money and adding to the debt our children and
grandchildren have to repay.
Madam Speaker, I urge my colleagues to oppose this bill, come back to
the table, work with Republicans, and let's have a bipartisan solution.
Ms. DeLAURO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I just say to my colleague that, in fact, one would
suspect from listening to our colleague that Abbott Nutrition was ready
to really move forward and to deal with reopening. The fact of the
matter is, I have said that the Food and Drug Administration dragged
their feet by not looking at what they were doing in October, et
cetera.
But the FDA had to go to court to get an agreement with Abbott about
how to open. This wasn't a company that was taking on their culpability
in knowingly selling a contaminated product that puts our babies at
risk. Going to court, that is just a part of the delay with moving, is
having to have to go to court to do this.
Congressman Pallone has spent so much of his professional career
focused on food safety issues and, in fact, as the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies is doing hearings, the Energy and Commerce Committee
will be doing hearings on this issue as well.
Madam Speaker, I yield 3 minutes to the gentleman from New Jersey
(Mr. Pallone), the chairman of the Committee on Energy and Commerce.
Mr. PALLONE. Madam Speaker, I rise today in strong support of the
Infant Formula Supplemental Appropriations Act.
I particularly thank Appropriations Committee Chairwoman Rosa DeLauro
for all she has done to shed light on the contamination of infant
formula and the problems with FDA enforcement. She talks about me, but
I will talk about her, because she has really taken this issue to heart
for such a long period of time.
I have to say that I am extremely upset listening to the Members on
the other side, the Republicans, talk about this crisis and how it
could have been avoided. I have been on the Energy and Commerce
Committee for over 30 years. FDA's policies of food safety, unlike that
for drugs and medical devices, are not based on fees paid by the
manufacturers. This is because Republicans in the past have not been
willing to impose those fees on the manufacturers.
I can tell you from personal experience, when I tried to include a
fee structure in food safety initiatives in the past before my
committee, the Energy and Commerce Committee, every time, it was
opposed by the Republicans because they were listening to the
manufacturers who didn't want that fee schedule imposed on them. We
have it for drugs. We have it for medical devices. We don't have it for
food safety, and that is right in the hands of the Republican
leadership.
I am not particularly blaming the appropriators today, because this
was not an appropriations issue. This was an Energy and Commerce issue.
But to suggest in some way that this is the Democrats, I will tell you,
it is the Republicans. If that money had been in place, we would have
had the inspectors, and we would have had the ability, in my opinion,
to do a lot more on the issue of food safety. So this crisis, to some
extent, is based on the Republicans' unwillingness to adopt a fee
schedule and provide that regular source of funding for the FDA.
Now, let me also say that in addition to the emergency funding, the
House is also voting tonight to grant flexibility to the WIC program. I
thank the Committee on Education and Labor for that.
[[Page H5161]]
The Biden administration has taken a number of important actions to
respond to this shortage, including working with manufacturers to
increase production and encouraging importation of safe infant formula.
Today, as the chairwoman of Appropriations said, the operation the
White House has announced, including the use of the Defense Production
Act, shows that this administration has continued to commit to end this
crisis.
The Energy and Commerce Committee also today unanimously passed a
measure to allow the FDA to streamline processes for hiring highly
skilled professionals and retain them with competitive salaries. This
will help to ensure our infant formula supply is safe and inspectors
are on the job.
Now, I just want to say, Madam Speaker, manufacturers have to do a
better job in the future to alert the FDA of potential shortages so we
can shift production quickly. The FDA must be empowered to move more
quickly to set limits on contamination, which is currently bogged down
in long and cumbersome regulatory processes.
We understand that more needs to be done, but this bill needs to be
passed today.
{time} 2000
Ms. GRANGER. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Iowa (Mrs. Hinson).
Mrs. HINSON. Mr. Speaker, I thank the gentlewoman from Texas for
yielding on this very important topic.
Mr. Speaker, families across this country are desperate for help.
Babies are going hungry. Mothers and fathers are faced with empty
shelves, and there is no formula to be found.
As a mother, this is heartbreaking. As a Congresswoman, this is
unacceptable. That is why I will be offering a motion to recommit this
bill in just a few moments.
According to the U.S. Food and Drug Administration, the FDA, 67
percent of children rely on infant formula for some portion of their
nutrition by the time they are 3 months old. One of my children had to
have formula. That is 2.7 million babies that need formula their
parents cannot find on the shelves in their local supermarket or
anywhere, for that matter.
We need to address this supply chain crisis right now. Our families
deserve solutions. The Biden administration ignored the warning signs
that a formula shortage was imminent, sitting on their hands until the
shelves were bare. Their incompetence underscores the need for funding
to come with guardrails and accountability for the FDA's failures.
Throwing additional money at a problem is the wrong approach.
American families need a plan to fix this crisis and to get that baby
formula back on store shelves, and they don't need us spending more of
their hard-earned money to do it.
My amendment would redirect a targeted amount of unused pandemic
funds to address the baby formula shortage. It would use $5.75 million
of existing Federal funds to respond to this crisis immediately, right
now.
My amendment would also require the FDA to report to Congress on the
shortage, ensuring that the American people know exactly what the
administration is doing or is not doing to get formula back on the
shelves.
We would also immediately require an assessment of all baby formula
stockpiled by the Federal Government. Can this formula be redirected to
the marketplace for families? Can we do that right now?
This amendment ensures the FDA Commissioner can't travel anywhere
unless it is related to the baby formula crisis until this crisis is
addressed.
Mr. Speaker, we have seen the impact this baby formula crisis is
having across our country--the mom whose baby can tolerate only a
certain kind of formula, the dad who is scouring Facebook groups
tonight trying to see if he can find what his baby needs, or the
grandparents who have gone to three grocery stores, driven miles, and
are still empty-handed.
We have an opportunity here to really work together and enact
meaningful legislation that will get baby formula back on store shelves
as soon as possible and ensure that our families are not ever left in a
lurch like this again.
Mr. Speaker, I ask my colleagues tonight to join me, join us, in
fighting for families, for babies, and for taxpayers. We can do it all
together. Vote ``yes'' tonight on the motion to recommit. Adopt my
amendment, and let's get this baby formula crisis under control.
Mr. Speaker, I ask unanimous consent to insert the text of my
amendment in the Record immediately prior to the vote tonight on the
motion to recommit.
The SPEAKER pro tempore (Mr. Kildee). Is there objection to the
request of the gentlewoman from Iowa?
There was no objection.
Ms. DeLAURO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I will say to my colleague who just spoke that, in fact,
I just talked about what FEMA has in terms of stocks, which would take
care of infants for about 1 week, but I would call her attention to the
article that appeared on May 10, ``Military stores scrambling to get
baby formula: What new parents need to know.''
Military families are dealing with the same shortage of baby formula.
Now, they would have a supply. I take it from what my colleague said
that we should take the product from military families, who are serving
in the service of this country, take their formula and move it around.
We know where the product is, and we know we do not have enough. We
know that we need to move. As to what we are doing and suggesting that
we move to import from FDA facilities that are overseas, there are
seven of them where we can get product on the shelves as quickly as
possible.
Mr. Speaker, I yield 3 minutes to the gentlewoman from New York (Mrs.
Carolyn B. Maloney), the chairwoman of the Committee on Oversight and
Reform. Oversight and reform is Congresswoman Maloney's stock-in-trade,
and she is all over this issue as well.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I thank the
gentlewoman for yielding and for her extraordinary leadership in
responding to this crisis so comprehensively and quickly and also for
her leadership as the chair of the Appropriations Committee.
Mr. Speaker, I rise in support of the emergency spending that builds
on the Biden administration's progress in addressing the nationwide
infant formula shortage by providing the FDA with resources to increase
supply and prevent future shortages.
The national formula shortage threatens the health and economic
security of America's infants and families, especially those who
experience health inequities, including food insecurity.
In recent weeks, parents across the country have been forced to
ration food or travel for hours to obtain formula. For parents of
infants with special health needs, the nationwide formula shortage has
been especially dire. Some parents have considered going to the
emergency room just so that they can feed their babies. This is
unacceptable.
We cannot sit by while families struggle to feed their babies. That
is why the Committee on Oversight and Reform has started an
investigation to support the work of the legislative committees--the
Energy and Commerce and Appropriations Committees--that are putting
forward legislation to address this.
We sent letters to the CEOs of the four largest baby formula
manufacturers, pressing them on their plans to boost supply. When are
they going to have the formula back on the shelves in the stores? What
caused this? What are they doing to prevent future shortages?
I am proud to support, with my Democratic and, hopefully, Republican
colleagues, today's bill, which will appropriate $28 million for FDA to
safely increase our supply of infant formula and prevent future
shortages so that this will never happen again.
I thank Chair DeLauro for her leadership.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. DeLAURO. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I thank the Biden
administration for invoking the Defense Production Act to act on this.
They are also moving to import safe products from other countries. I
applaud the President's leadership, but I especially applaud the
leadership in this Congress, Speaker Pelosi, Leader Hoyer, Chair
DeLauro, Chair Pallone, all the people who have been involved in
helping America's infants.
[[Page H5162]]
I urge a ``yes'' vote on this important bill. We should be unified
for our children in this country.
Ms. GRANGER. Mr. Speaker, I yield back the balance of my time.
Ms. DeLAURO. Mr. Speaker, we all share the view that the infant
formula shortage is a crisis. The stories that we have all heard--
mothers and fathers struggling to find formula, the images of empty
store shelves--are heartbreaking. We have all heard from constituents
all over this country that parents are scared. They can't find the
product, and they are scared that they are going to have a product that
may put their child in danger.
Mr. Speaker, we need to address two areas. We need to address the
immediate crisis to get product on the shelves as soon as we can, which
is what this bill does tonight, along with other measures that the
administration is taking.
There are some very serious underlying issues that we face. The
question arises, how did we get here? How did this happen?
One of the biggest issues and concerns is the whole issue of the
consolidation of the industry. There are only four manufacturers of
infant formula in the United States, and when one of the four has
produced a contaminated product, knowingly putting our babies at risk,
yes, and they fought the FDA on really calling for a recall. The FDA,
again, had to go to district court to be able to move to a consent
decree to talk about cleaning up the mess in Sturgis, Michigan.
When that product came off the shelf, 43 percent of the product was
gone because that is the piece that Abbott has. They have cornered the
market. We need to address that root problem of sole-source
contracting. This is prevalent in the meatpacking industry as well.
We cannot just rely on four producers of infant formula. We have to
take a look at that, and that will be investigated.
There is an inspector general investigation going on that will take a
look at the issues of the contamination and that underlying cause. We
will investigate why it took so long for the FDA--4 months--to look at
addressing this issue when they had knowledge that this company was
selling a contaminated product, with some very courageous whistleblower
coming forward to tell the story.
Those pieces are going to be investigated. In my view, we will follow
the investigation to where the difficulties are, and we will hold
people accountable for that.
In the meantime, we have a responsibility. That responsibility is to
make sure that there is infant formula on the shelves that parents can
get access to, and that is what this bill is about. That is what our
efforts are all about, giving the Food and Drug Administration
resources to deal with the supply chain, to be able to go to the seven
producers overseas. There are seven countries that are FDA approved:
France, Germany, the Netherlands, Switzerland, Denmark, and Ireland are
FDA approved.
Again, I will state my view. We only need to go to FDA-approved
facilities, not open the door to facilities where we cannot deal with
what their standards are in short order.
That is what the resources here can help the FDA do. It would
increase their inspection force. It would increase their ability to
look at infant formula submissions so they can move quickly to approve
facilities and give that approval and, in the meantime, move to get the
product back here.
As the President announced today, we will be able to use our
airplanes. We can get product here rapidly.
Again, it should come from FDA-approved facilities. That is what we
are about tonight. That is what it is. It is not about politics. We are
going to investigate what happened here.
Let's come together. Let's move together to address a nationwide
challenge and a problem that we face. Let's not continue to put mothers
and fathers and babies at risk. We have the responsibility to do
something tonight, to make it happen, and I urge my colleagues, we
cannot let any baby be at risk of going to sleep hungry in this
country. We must act quickly. There is no room for error.
I urge my colleagues to support this bill, and I yield back the
balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 7790,
the Infant Formula Supplemental Appropriations Act which would provide
$28 million in emergency supplemental appropriations to address the
shortage of infant formula in the United States.
I thank my good friend and colleague, Chairwoman Rosa DeLauro, for
introducing this important bill that addresses the ongoing national
crisis in shortages of infant baby formula.
The bill provides appropriations for the Food and Drug Administration
(FDA) to:
address the current shortage of FDA-regulated infant formula and
certain medical foods in the United States; and
prevent future shortages by taking necessary steps to block
fraudulent products from entering the U.S. market.
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.
On Saturday, May 14, 2022, I hosted a baby formula giveaway and was
joined by the National Association of Christian Churches (NACC), a
501(c)(3) organization to provide free baby formula to eight hundred
families in need of formula for the babies.
The formula provided would only last a few days, but it was important
because it gave families a few more days to find more formula for their
children.
I am in strong support of this bill and H.R. 7791, a bill to amend
the Child Nutrition Act of 1966 to establish waiver authority to
address certain emergencies, disasters, and supply chain disruptions,
which includes providing relief during this baby formula crisis.
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.
As 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.
The FDA's Coordinated Outbreak Response and Evaluation (CORE)
Network, along with the CDC and state and local partners investigated
the issue.
According to the FDA, CORE is no longer investigating the incident,
but the FDA established an Incident Management Group (IMG) on April 1,
to continue to work on supply chain and food safety issues.
Although the source of the contamination has been determined and the
investigation has ended, the baby formula shortage problems continue to
remain around the country, and the recall is still in effect.
Currently, the nationwide out-of-stock rate for baby formula has
reached a high of 43 percent.
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).
WIC serves to safeguard the health of low-income women, infants, and
children younger than 5 who are at nutritional risk.
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.
Oftentimes, 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.
Not having the correct formula can put a child's physical and mental
development at risk due to malnourishment that could occur if the
formula is not correct.
This is not an issue that parents can easily solve at home.
This places the onus on the manufacturers of baby formula and the
Congress to handle the supply chain issues to deliver formula to
parents and caregivers as quickly as possible.
This bill would give money to ensure that already existing formula
brands are safe and can return to shelves as soon as possible.
[[Page H5163]]
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.
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 at Jack Yates High School to my
constituents in Houston.
Ovie and Mikayla Cade are just two of the many parents that have been
struggling to feed their baby and looked to the drive for much needed
support.
A drive like this provides short-term relief for an issue that
requires institutional action to create long-term changes.
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.
I urge all my colleagues to support H.R. 7790 for the Infant Formula
Supplemental Appropriations Act.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 1124, the previous question is ordered
on the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mrs. HINSON. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mrs. Hinson of Iowa moves to recommit the bill H.R. 7790 to
the Committee on Appropriations.
The material previously referred to by Mrs. Hinson is as follows:
Strike all text and insert the following:
GENERAL PROVISION
(including transfer of funds)
Sec. 101. Of the amounts made available under section
1001(a) of the American Rescue Plan Act of 2021 (Public Law
117-2), funds shall be available to address the current
shortage of Federally-regulated infant formula in the United
States: Provided, That up to $5,750,000 of such funds may be
transferred to the Food and Drug Administration for necessary
activities to address the shortage, including such steps as
may be necessary to prevent fraudulent products from entering
the United States market: Provided further, That the
Commissioner of Food and Drugs shall report to the Committees
on Appropriations of the House of Representatives and the
Senate on a weekly basis on obligations of funding under this
heading in this Act to address the shortage of infant formula
in the United States: Provided further, That the Director of
the Office of Management and Budget shall provide a report to
the Committees on Appropriations of the House of
Representatives and the Senate three days after enactment of
this Act on the infant formula stock available at Federal
agencies, whether excess Federal stock can be redirected to
address the shortage of infant formula in the commercial
market, and the distribution and transportation capabilities
of Federal agencies to help deliver infant formula to
communities in need, including rural areas: Provided further,
That none of the funds appropriated or made available in this
or any other Act may be obligated or expended for the travel
expenses of the Commissioner unless such travel is directly
related to addressing the infant formula shortage or the
Commissioner submits to the Committees on Appropriations of
the House of Representatives and the Senate a plan to address
the infant formula crisis.
The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the
previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mrs. HINSON. Mr. 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 section 8 of rule XX, further proceedings on this
question are postponed.
____________________