[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.

                          ____________________