Congressional Record, House, May 18, 2022 — Infant Formula Supplemental Appropriations Act, 2022
Summary
This is H5158 of the Congressional Record, House, May 18, 2022, in a document titled Infant Formula Supplemental Appropriations Act, 2022, with interleaved columns. The text of H.R. 7790 appropriates, for the fiscal year ending September 30, 2022, an additional $28,000,000 for Food and Drug Administration Salaries and Expenses to address the shortage of FDA-regulated infant formula and certain medical foods and to prevent future shortages. Floor remarks by speakers not named on this page describe steps announced by the President on infant formula, including use of the Defense Production Act, and discuss allegations about an Abbott Nutrition facility inspection, with the views attributed to the speakers.
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“Congressional Record, House, May 18, 2022 — Infant Formula Supplemental Appropriations Act, 2022.”
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H5158 CONGRESSIONAL RECORD — HOUSE May 18, 2022
Yesterday President Biden spoke with retail- H.R. 7790 fense Production Act to help quickly
ers and manufacturers—including the CEOs of Be it enacted by the Senate and House of Rep- and safely address the infant formula
Walmart, Target, Reckett, and Gerber—and resentatives of the United States of America in shortage in this country and help pre-
called on them to do more to help families Congress assembled, vent this from happening again.
purchase infant formula. That the following sums are appropriated, I am shocked by the infant formula
out of any money in the Treasury not other- crisis. The shortage we are seeing
President Biden also announced additional
wise appropriated, for the fiscal year ending
steps to get infant formula onto store shelves today is in large part caused by some
September 30, 2022, and for other purposes,
as quickly as possible without compromising namely: who chose not to prioritize the health
safety. These steps include: and the safety of our babies.
RELATED AGENCIES AND FOOD AND
Cutting red tape to get more infant formula In September 2021, Food and Drug
DRUG ADMINISTRATION
to store shelves quicker by urging states to Administration, FDA inspectors con-
DEPARTMENT OF HEALTH AND HUMAN ducted a routine inspection of the Ab-
provide consumers flexibility on types of for- SERVICES
mula they can buy with WIC dollars bott Nutrition facility in Sturgis,
FOOD AND DRUG ADMINISTRATION
Calling on the FTC and state attorneys gen- Michigan, where suspicions of wrong-
SALARIES AND EXPENSES doing were already present, as noted in
eral to crack down on any price gouging or
For an additional amount for ‘‘Salaries a Bloomberg article published on May
unfair market practices related to sales of in-
and Expenses’’, $28,000,000, to remain avail- 12 from a reporter who obtained the
fant formula, like third party sellers re-selling able until September 30, 2023, shall be avail-
formula at steep prices FDA report through a Freedom of In-
able to address the current shortage of FDA-
The Biden-Harris Administration will con- formation Act request.
regulated infant formula and certain medical
tinue to monitor the situation and identify other On October 20, 2021, a whistleblower
foods in the United States and to prevent fu-
ture shortages, including such steps as may who worked at that Abbott facility
ways it can support the safe and rapid in-
be necessary to prevent fraudulent products submitted a report to the FDA unveil-
crease in the production and distribution of
from entering the United States market: ing a damning list of allegations of
baby formula.
Provided, That the Commissioner of Food and wrongdoing at the hands of Abbott. Re-
As a result, more infant formula has been
Drugs shall report to the Committees on Ap- calls happen, but if the allegations are
produced in the last four weeks than in the propriations of the House of Representatives true, this company has lied, cut cor-
four weeks preceding the recall—despite one and the Senate on a weekly basis on obliga- ners, falsified records to cover up their
of the largest infant formula production facili- tions of funding under this heading in this misdoings at the sake of infant health.
ties in the U.S. being offline. Act to address the shortage of infant formula
and certain medical foods in the United
This is plain wrong.
The CDC has ended its investigation and di- But this was in October. The FDA
rects consumers to the Abbott website to get States: Provided further, That such amount is
designated by the Congress as being for an knew about what Abbott was doing in
information on the lots recalled and not rec- October and, yes, they dragged their
emergency requirement pursuant to section
ommended for use. feet. It was not until late December
4001(a)(1) and section 4001(b) of S. Con. Res.
The baby formula shortage is not over and 14 (117th Congress), the concurrent resolu- that the FDA interviewed the whistle-
the Congress and the Administration must tion on the budget for fiscal year 2022. blower. And then not until a month
work together to find the solutions parents GENERAL PROVISIONS—THIS ACT after that, in late January, was the
need to have access to baby formula to feed plant inspected in person. Abbott then
SEC. 101. Each amount appropriated or
their infants. made available by this Act is in addition to issued a recall in February, 4 months
This is not an issue that parents can easily amounts otherwise appropriated for the fis- later.
solve at home. cal year involved. In March, I requested an HHS Office
I ask fellow members of the House to join SEC. 102. Unless otherwise provided for by of Inspector General report to look
me in voting in favor of H.R. 7791. this Act, the additional amounts appro- into this tragedy, so that we can hold
The SPEAKER pro tempore. The priated by this Act to appropriations ac- the bad actors accountable. And then I
question is on the motion offered by counts shall be available under the authori-
ties and conditions applicable to such appro-
got ahold of and submitted for the
the gentleman from Virginia (Mr. record a whistleblower report with
priations accounts for fiscal year 2022.
SCOTT) that the House suspend the This Act may be cited as the ‘‘Infant For- truly awful allegations against Abbott.
rules and pass the bill, H.R. 7791. mula Supplemental Appropriations Act, Their wrongdoings included the fal-
The question was taken. 2022’’. sification of records, testing seals on
The SPEAKER pro tempore. In the The SPEAKER pro tempore. The bill empty cans, releasing untested infant
opinion of the Chair, two-thirds being shall be debatable for 1 hour equally di- formula, just to name a few. In essence,
in the affirmative, the ayes have it. vided and controlled by the chair and they put a product on the market, a
Mrs. STEEL. Madam Speaker, on ranking minority member of the Com- contaminated product, which they
that I demand the yeas and nays. mittee on Appropriations or their re- knew was contaminated. We have
The SPEAKER pro tempore. Pursu- spective designees. lost—at least two infants died. Several
ant to section 3(s) of House Resolution The gentlewoman from Connecticut were hospitalized.
8, the yeas and nays are ordered. Let’s look back for a moment. Now,
(Ms. DELAURO) and the gentlewoman
Pursuant to clause 8 of rule XX, fur- we are learning that in 2014, Abbott de-
from Texas (Ms. GRANGER) each will
ther proceedings on this motion are liberately and successfully tried to
control 30 minutes.
postponed. weaken bacteria testing safety stand-
The Chair recognizes the gentle-
ards. At that time, the FDA issued a
f woman from Connecticut.
proposed rule that would have in-
GENERAL LEAVE
INFANT FORMULA SUPPLE- creased the regular safety inspections
Ms. DELAURO. Madam Speaker, I of infant formula manufacturing facili-
MENTAL APPROPRIATIONS ACT, ask unanimous consent that all Mem- ties to prevent the contamination of
2022 bers have 5 legislative days to revise infant formula; the very crisis that we
Ms. DELAURO. Madam Speaker, pur- and extend their remarks and include have today.
suant to House Resolution 1124, I call extraneous material on the measure The Federal Government has an im-
up the bill (H.R. 7790) making emer- under consideration. portant role to play in addressing this
gency supplemental appropriations to The SPEAKER pro tempore. Is there painful issue. As I said, at least two ba-
address the shortage of infant formula objection to the request of the gentle- bies died, and four more were hospital-
in the United States for the fiscal year woman from Connecticut? ized that we know of because of cor-
ending September 30, 2022, and for There was no objection. porate greed, consolidation, and a dis-
other purposes, and ask for its imme- Ms. DELAURO. Madam Speaker, I graceful lack of proper oversight by the
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diate consideration in the House. yield myself such time as I may con- FDA.
The Clerk read the title of the bill. sume. This is infant formula we are talking
The SPEAKER pro tempore. Pursu- Madam Speaker, this funding legisla- about. Parents trust that this formula
ant to House Resolution 1124, the bill is tion will work in tandem with Presi- will be safe and healthy for their new-
considered read. dent Biden’s launch of Operation Fly born babies. It should be the most reg-
The text of the bill is as follows: Formula and the invocation of the De- ulated and protected of any product,
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May 18, 2022 CONGRESSIONAL RECORD — HOUSE H5159
and here, we see Abbott putting pro- But we should not, and we will not be fant health and nutrition. There is also
duction and profits before people. made to choose between the health and more than $1 billion that the Depart-
I introduced this bill this week be- the safety of our babies and the supply ment of Agriculture has available to
cause 43 percent of infant formula is that keeps them fed. I reject this dan- address supply chain issues. My ques-
out of stock nationwide. There is an gerous and false dichotomy. tion is: Why can’t these existing funds
immediate need to bring infant for- Let me be clear: The funding in this be spent?
mula to the babies and families facing bill seeks to address the shortage now, Ultimately, I fear that H.R. 7790 will
such a dire necessity. In the wealthiest but we must simultaneously find solu- not put more formula on store shelves,
Nation in the world, babies should not tions that prevent this contamination and that is why I am opposing this bill.
be at risk of going hungry. Parents and the shortage from happening We should take the time to do it right.
should not have to play a guessing again. Our work here is not done. We Madam Speaker, I reserve the bal-
game and wonder if the food that they will introduce legislation in the next ance of my time.
are giving their babies is safe. several days to address the root cause Ms. DELAURO. Madam Speaker, I
Earlier this evening, President Biden of the issue so that it does not happen yield myself such time as I may con-
announced that he would invoke the again. sume.
Defense Production Act to increase do- Madam Speaker, we all are heart- I might just add, just a quick mo-
mestic production of infant formula, broken, both at the stories of the ba- ment, to indicate to my colleague, who
launching Operation Fly Formula to bies who died and their mourning fami- is my friend, that, in fact, we did check
use Federal planes to fly formula in lies, and the millions of moms and dads with other departments and agencies,
from abroad. today who are frantic and scrambling and particularly with FEMA, to find
I have been calling for the swift im- to find formula, and who, within their out what they might have in stock.
portation of safe infant formula from hearts, are scared that the product FEMA currently has on hand formula
FDA-approved facilities overseas since they may be giving their infant can po- for 550 infants for one week. So, in fact,
the beginning of this crisis. These steps tentially cause them grave harm. we don’t have other Federal agencies
will achieve this goal, and I applaud That is not who we are. That is not that do have a stock of infant formula.
the Biden administration for rising to who we are. Our babies are our most What we have said in the legislation is
this urgent challenge. vulnerable, and we must work quickly that the FDA must report to House and
Now that we are ramping up produc- and decisively to make safe formula Senate Appropriations Committees on
tion, preparing to purchase formula available for every single baby in this a weekly basis of where the money is
from abroad, we must ensure that it is country who needs it. being used, how it is being used, so
safe. And I would repeat, this product Madam Speaker, I urge my col- that we have accountability.
needs to come from FDA-approved fa- leagues to support this absolutely crit- I am really honored to yield to my
cilities so we make no mistake that ical piece of legislation, and I reserve colleague who chairs the Appropria-
they are adhering to a standard. The the balance of my time. tions Subcommittee on Agriculture,
FDA needs the resources to do that. Ms. GRANGER. Madam Speaker, I Rural Development, Food and Drug Ad-
The FDA plays a critical role in en- yield myself such time as I may con- ministration, and Related Agencies.
suring formula provides the full nutri- sume. This is coming through his sub-
tional needs of infants and that it is Madam Speaker, I rise today in oppo- committee. He has been a tireless
manufactured in the safest way pos- sition to H.R. 7790, the Infant Formula fighter on this issue, making sure that
sible. We must ensure that a lack of Supplemental Appropriations Act. our kids are safe. To that end, he will
funding is not a barrier to getting safe American families are facing yet an- be talking with the director of the
formula to parents and babies. other crisis. Parents don’t have the ac- Food and Drug Administration tomor-
The bill before us does just that. It cess to the formula their children need, row morning. So he has been really at
addresses this pressing need by pro- and they are angry and they are fright- the center of this effort.
viding $28 million in new funding for ened; and I understand why they are Madam Speaker, I yield 31⁄2 minutes
the FDA. These funds will be used to angry and they are frightened. to the gentleman from Georgia (Mr.
prevent fraudulent products from en- There are reports that more than 40 BISHOP).
tering the marketplace, to acquire bet- percent of baby formula is sold out Mr. BISHOP of Georgia. Madam
ter data of the situation in the market- across the United States. Some fami- Speaker, I thank the gentlewoman for
place, and to fund the balance of FDA lies are having to drive hours just so yielding, and I thank her for her pas-
activities. To prevent shortages from their children don’t go to bed hungry. sion and compassion in confronting
happening again, funds will strengthen At a time when Americans are pay- this issue.
the workforce focused on formula ing record-high gas prices, no one can As chairman of the House Appropria-
issues and increase the FDA’s inspec- afford this. tions Subcommittee on Agriculture,
tion staff. We had the opportunity to work Rural Development, Food and Drug Ad-
The FDA needs resources to be able across the aisle on a bipartisan solu- ministration, and Related Agencies, I
to get this work done quickly, and tion to this crisis. Unfortunately, the am glad to support Chairwoman
safely, and that includes building their text we are considering today has not DELAURO as we address the infant for-
workforce. Right now, they have only been agreed to by both sides. mula crisis facing America. We are
nine people on staff inspecting and re- working toward ensuring that parents
viewing the submissions that could in- b 1945 and other caregivers have access to
crease the number of FDA-approved fa- I have four concerns about the bill. safe and affordable nutrition for the
cilities developing infant formula. It is First, the bill does nothing to force the babies in their care.
not enough. FDA to come up with a plan to address The emergency funds allocated by
Being able to have more staff who are the shortage. Second, it does nothing this bill will help safely expedite the
doing this job will ensure FDA can in- to address whether Federal agencies inspection of the country’s infant for-
crease the quality of submissions being have excess formula that could be di- mula supply and quickly get it back on
reviewed without risking the quality of rected to American households. Third, the shelves of stores across the coun-
the review process. We also have their it fails to leverage the Federal Govern- try.
funds that will buttress their inspec- ment’s existing capabilities to trans- But we must also address how such a
tion teams so that we can get more port formula. Finally, the bill gives the crisis came to pass in the first place.
FDA-approved facilities online. FDA an additional $28 million, when How did a manufacturer, a company re-
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I am proud that this bill meets this funds are already available to address sponsible for over 40 percent of a Na-
urgent need. People are looking for this issue. tion’s infant formula supply, have an
some relief, and I am proud that we are Two months ago, we increased the unclean facility? How was this situa-
on the floor tonight to ensure that FDA’s operating budget by $102 mil- tion left unchecked? How did it lead to
families get this help as soon as pos- lion. This included an $11 million in- hospitalization and the death of ba-
sible. crease specifically for maternal and in- bies?
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H5160 CONGRESSIONAL RECORD — HOUSE May 18, 2022
Congress will be scrutinizing this cri- infant formula supply challenges start- that was taking on their culpability in
sis with the FDA and manufacturers in ed last fall and were exacerbated with knowingly selling a contaminated
the days ahead. I look forward to my the Abbott recall of infant formula and product that puts our babies at risk.
subcommittee hosting the first hearing the facility closing in February. Going to court, that is just a part of
in this regard with FDA Commissioner At that time, the administration and the delay with moving, is having to
Robert Califf tomorrow morning. the FDA should have made it a pri- have to go to court to do this.
I have often stood on this very floor ority, back in February, to get this Congressman PALLONE has spent so
to tout the importance of the FDA and plant safely back online as quickly as much of his professional career focused
how it touches every single family and possible. Instead, they allowed yet an- on food safety issues and, in fact, as
every life in America. Today is a stark other crisis to occur. In fact, the facil- the Subcommittee on Agriculture,
reminder of that fact. The FDA is at ity remains idle 3 months later, with Rural Development, Food and Drug Ad-
the forefront of our system of checks just a recent announcement by the ministration, and Related Agencies is
to ensure that our food and our medi- FDA that they have now come to an doing hearings, the Energy and Com-
cine, including infant formula, meet agreement with Abbott on how to re- merce Committee will be doing hear-
the nutritional standards, the nutri- open the plant. ings on this issue as well.
tional needs, and that they are safe for The answer to the formula shortage Madam Speaker, I yield 3 minutes to
our consumers. is the families need more formula, and the gentleman from New Jersey (Mr.
We must ensure the safety of and re- we need to get one of the largest do- PALLONE), the chairman of the Com-
establish Americans’ confidence in the mestic producers of formula safely op- mittee on Energy and Commerce.
infant formula that they purchase. erating again. Mr. PALLONE. Madam Speaker, I
That means getting more inspectors But this is not a money problem. rise today in strong support of the In-
out in the field to make sure that the This is a leadership problem. It is an- fant Formula Supplemental Appropria-
drive for corporate profit does not com- other example of this administration’s tions Act.
disregard for hardworking American I particularly thank Appropriations
promise infant formula safety. It also
Committee Chairwoman ROSA
means making sure families are not families who are already struggling
DELAURO for all she has done to shed
being sold fake formula or subjected to with record-high gas prices, food
light on the contamination of infant
price gouging from bad actors and prices, and inflation soaring to a 40-
formula and the problems with FDA
hoarders looking to take advantage of year high.
enforcement. She talks about me, but I
the crisis. All of us have constituents impacted
will talk about her, because she has
I have heard from families who are by this formula shortage, and this is
really taken this issue to heart for
distraught at the news of this crisis. one issue we should have been able to
such a long period of time.
They want to know how a tainted prod- address in a bipartisan manner. I have to say that I am extremely
uct got to the market; how come there I thank Ranking Member GRANGER
upset listening to the Members on the
is not enough baby formula to replen- for her leadership on this issue, offer-
other side, the Republicans, talk about
ish store shelves; and what we are ing commonsense solutions that this crisis and how it could have been
doing to make sure they have access to wouldn’t have added to our national avoided. I have been on the Energy and
safe baby formula quickly. debt and would have held the FDA ac- Commerce Committee for over 30
This bill provides the funds to im- countable for its foot dragging. years. FDA’s policies of food safety,
prove the safety of, to reduce fraud in, Unfortunately, Republican input was unlike that for drugs and medical de-
and to better understand the pressures dismissed, and this bill just continues vices, are not based on fees paid by the
and vulnerabilities of the infant for- the Democrats’ strategy of throwing manufacturers. This is because Repub-
mula market. It helps address the money at the same bureaucrats who licans in the past have not been willing
shortage we face today while getting us caused the crisis and who have not to impose those fees on the manufac-
the data we need to prevent this from made its solution a priority so that turers.
happening again. that failed agency can hire even more I can tell you from personal experi-
Families are willing to make tremen- bureaucrats. ence, when I tried to include a fee
dous sacrifices for and investments in This is yet another missed oppor- structure in food safety initiatives in
the safety and well-being of their chil- tunity to allow Republicans and Demo- the past before my committee, the En-
dren. Making sure their children are crats to work together for the benefit ergy and Commerce Committee, every
fed is one of the most fundamental con- of American families. Instead, the ma- time, it was opposed by the Repub-
cerns parents face. By passing this bill, jority is going it alone, having caused licans because they were listening to
Congress is standing up for our fami- this problem just like they caused the the manufacturers who didn’t want
lies. high gas prices, crime in our streets, that fee schedule imposed on them. We
Madam Speaker, I urge my col- and rising food prices. They are not have it for drugs. We have it for med-
leagues to pass this bill. Let’s make solving it with this bill; they are just ical devices. We don’t have it for food
sure that the infants in America have spending money and adding to the debt safety, and that is right in the hands of
safe and available formula. our children and grandchildren have to the Republican leadership.
Ms. GRANGER. Madam Speaker, I repay. I am not particularly blaming the ap-
yield 5 minutes to the gentleman from Madam Speaker, I urge my col- propriators today, because this was not
Maryland (Mr. HARRIS), the acting leagues to oppose this bill, come back an appropriations issue. This was an
ranking member of the Subcommittee to the table, work with Republicans, Energy and Commerce issue. But to
on Agriculture, Rural Development, and let’s have a bipartisan solution. suggest in some way that this is the
Food and Drug Administration, and Ms. DELAURO. Madam Speaker, I Democrats, I will tell you, it is the Re-
Related Agencies. yield myself such time as I may con- publicans. If that money had been in
Mr. HARRIS. Madam Speaker, I sume. place, we would have had the inspec-
thank the gentlewoman from Texas for Madam Speaker, I just say to my col- tors, and we would have had the abil-
yielding me the time. league that, in fact, one would suspect ity, in my opinion, to do a lot more on
Madam Speaker, I rise in opposition from listening to our colleague that the issue of food safety. So this crisis,
tonight to H.R. 7790, the Infant For- Abbott Nutrition was ready to really to some extent, is based on the Repub-
mula Supplemental Appropriations move forward and to deal with reopen- licans’ unwillingness to adopt a fee
Act, a bill that just continues the ma- ing. The fact of the matter is, I have schedule and provide that regular
jority’s reckless spending spree with- said that the Food and Drug Adminis- source of funding for the FDA.
dlhill on DSK120RN23PROD with HOUSE
out actually fixing the infant formula tration dragged their feet by not look- Now, let me also say that in addition
crisis this administration caused. ing at what they were doing in Octo- to the emergency funding, the House is
Like parents across America, I am ber, et cetera. also voting tonight to grant flexibility
frustrated by the Biden administra- But the FDA had to go to court to to the WIC program. I thank the Com-
tion’s lack of urgency to address this get an agreement with Abbott about mittee on Education and Labor for
completely predictable crisis. In fact, how to open. This wasn’t a company that.
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May 18, 2022 CONGRESSIONAL RECORD — HOUSE H5161
The Biden administration has taken funds to address the baby formula Mr. Speaker, I yield 3 minutes to the
a number of important actions to re- shortage. It would use $5.75 million of gentlewoman from New York (Mrs.
spond to this shortage, including work- existing Federal funds to respond to CAROLYN B. MALONEY), the chairwoman
ing with manufacturers to increase this crisis immediately, right now. of the Committee on Oversight and Re-
production and encouraging importa- My amendment would also require form. Oversight and reform is Con-
tion of safe infant formula. Today, as the FDA to report to Congress on the gresswoman MALONEY’s stock-in-trade,
the chairwoman of Appropriations said, shortage, ensuring that the American and she is all over this issue as well.
the operation the White House has an- people know exactly what the adminis- Mrs. CAROLYN B. MALONEY of New
nounced, including the use of the De- tration is doing or is not doing to get York. Mr. Speaker, I thank the gentle-
fense Production Act, shows that this formula back on the shelves. woman for yielding and for her extraor-
administration has continued to com- We would also immediately require dinary leadership in responding to this
mit to end this crisis. an assessment of all baby formula crisis so comprehensively and quickly
The Energy and Commerce Com- stockpiled by the Federal Government. and also for her leadership as the chair
mittee also today unanimously passed Can this formula be redirected to the of the Appropriations Committee.
a measure to allow the FDA to stream- marketplace for families? Can we do Mr. Speaker, I rise in support of the
line processes for hiring highly skilled that right now? emergency spending that builds on the
professionals and retain them with This amendment ensures the FDA Biden administration’s progress in ad-
competitive salaries. This will help to Commissioner can’t travel anywhere dressing the nationwide infant formula
ensure our infant formula supply is unless it is related to the baby formula shortage by providing the FDA with re-
safe and inspectors are on the job. crisis until this crisis is addressed. sources to increase supply and prevent
Now, I just want to say, Madam Mr. Speaker, we have seen the im- future shortages.
Speaker, manufacturers have to do a pact this baby formula crisis is having The national formula shortage
better job in the future to alert the across our country—the mom whose threatens the health and economic se-
FDA of potential shortages so we can baby can tolerate only a certain kind curity of America’s infants and fami-
shift production quickly. The FDA of formula, the dad who is scouring lies, especially those who experience
must be empowered to move more Facebook groups tonight trying to see health inequities, including food inse-
quickly to set limits on contamination, if he can find what his baby needs, or curity.
the grandparents who have gone to In recent weeks, parents across the
which is currently bogged down in long
three grocery stores, driven miles, and country have been forced to ration food
and cumbersome regulatory processes. or travel for hours to obtain formula.
We understand that more needs to be are still empty-handed.
We have an opportunity here to real- For parents of infants with special
done, but this bill needs to be passed
ly work together and enact meaningful health needs, the nationwide formula
today.
legislation that will get baby formula shortage has been especially dire.
b 2000 back on store shelves as soon as pos- Some parents have considered going to
Ms. GRANGER. Mr. Speaker, I yield sible and ensure that our families are the emergency room just so that they
5 minutes to the gentlewoman from not ever left in a lurch like this again. can feed their babies. This is unaccept-
Iowa (Mrs. HINSON). Mr. Speaker, I ask my colleagues to- able.
Mrs. HINSON. Mr. Speaker, I thank night to join me, join us, in fighting for We cannot sit by while families
the gentlewoman from Texas for yield- families, for babies, and for taxpayers. struggle to feed their babies. That is
ing on this very important topic. We can do it all together. Vote ‘‘yes’’ why the Committee on Oversight and
Mr. Speaker, families across this tonight on the motion to recommit. Reform has started an investigation to
country are desperate for help. Babies Adopt my amendment, and let’s get support the work of the legislative
are going hungry. Mothers and fathers this baby formula crisis under control. committees—the Energy and Com-
are faced with empty shelves, and there Mr. Speaker, I ask unanimous con- merce and Appropriations Commit-
is no formula to be found. sent to insert the text of my amend- tees—that are putting forward legisla-
As a mother, this is heartbreaking. ment in the RECORD immediately prior tion to address this.
As a Congresswoman, this is unaccept- We sent letters to the CEOs of the
to the vote tonight on the motion to
able. That is why I will be offering a four largest baby formula manufactur-
recommit.
motion to recommit this bill in just a The SPEAKER pro tempore (Mr. KIL- ers, pressing them on their plans to
few moments. DEE). Is there objection to the request
boost supply. When are they going to
According to the U.S. Food and Drug have the formula back on the shelves
of the gentlewoman from Iowa?
Administration, the FDA, 67 percent of There was no objection. in the stores? What caused this? What
children rely on infant formula for Ms. DELAURO. Mr. Speaker, I yield are they doing to prevent future short-
some portion of their nutrition by the myself such time as I may consume. ages?
time they are 3 months old. One of my Mr. Speaker, I will say to my col- I am proud to support, with my
league who just spoke that, in fact, I Democratic and, hopefully, Republican
children had to have formula. That is
just talked about what FEMA has in colleagues, today’s bill, which will ap-
2.7 million babies that need formula
terms of stocks, which would take care propriate $28 million for FDA to safely
their parents cannot find on the
of infants for about 1 week, but I would increase our supply of infant formula
shelves in their local supermarket or
and prevent future shortages so that
anywhere, for that matter. call her attention to the article that
this will never happen again.
We need to address this supply chain appeared on May 10, ‘‘Military stores I thank Chair DELAURO for her lead-
crisis right now. Our families deserve scrambling to get baby formula: What ership.
solutions. The Biden administration ig- new parents need to know.’’ The SPEAKER pro tempore. The
nored the warning signs that a formula Military families are dealing with time of the gentlewoman has expired.
shortage was imminent, sitting on the same shortage of baby formula. Ms. DELAURO. Mr. Speaker, I yield
their hands until the shelves were bare. Now, they would have a supply. I take an additional 30 seconds to the gentle-
Their incompetence underscores the it from what my colleague said that we woman.
need for funding to come with guard- should take the product from military Mrs. CAROLYN B. MALONEY of New
rails and accountability for the FDA’s families, who are serving in the service York. Mr. Speaker, I thank the Biden
failures. of this country, take their formula and administration for invoking the De-
Throwing additional money at a move it around. fense Production Act to act on this.
problem is the wrong approach. Amer- We know where the product is, and They are also moving to import safe
ican families need a plan to fix this cri- we know we do not have enough. We products from other countries. I ap-
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sis and to get that baby formula back know that we need to move. As to what plaud the President’s leadership, but I
on store shelves, and they don’t need us we are doing and suggesting that we especially applaud the leadership in
spending more of their hard-earned move to import from FDA facilities this Congress, Speaker PELOSI, Leader
money to do it. that are overseas, there are seven of HOYER, Chair DELAURO, Chair PAL-
My amendment would redirect a tar- them where we can get product on the LONE, all the people who have been in-
geted amount of unused pandemic shelves as quickly as possible. volved in helping America’s infants.
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H5162 CONGRESSIONAL RECORD — HOUSE May 18, 2022
I urge a ‘‘yes’’ vote on this important overseas. There are seven countries I am in strong support of this bill and H.R.
bill. We should be unified for our chil- that are FDA approved: France, Ger- 7791, a bill to amend the Child Nutrition Act of
dren in this country. many, the Netherlands, Switzerland, 1966 to establish waiver authority to address
Ms. GRANGER. Mr. Speaker, I yield Denmark, and Ireland are FDA ap- certain emergencies, disasters, and supply
back the balance of my time. proved. chain disruptions, which includes providing re-
Ms. DELAURO. Mr. Speaker, we all Again, I will state my view. We only lief during this baby formula crisis.
share the view that the infant formula need to go to FDA-approved facilities, I serve on the House Committees on the
shortage is a crisis. The stories that we not open the door to facilities where we Budget and Homeland Security, both of which
have all heard—mothers and fathers cannot deal with what their standards have oversight or funding responsibilities for
struggling to find formula, the images are in short order. addressing this current crisis.
of empty store shelves—are heart- That is what the resources here can As many parents know, there has been a
breaking. We have all heard from con- help the FDA do. It would increase short supply of baby formula nationwide for
stituents all over this country that their inspection force. It would in- months, due to pandemic-related supply chain
parents are scared. They can’t find the crease their ability to look at infant issues.
product, and they are scared that they formula submissions so they can move That shortage is now a crisis after four chil-
are going to have a product that may quickly to approve facilities and give dren became sick, and two died, after sus-
put their child in danger. that approval and, in the meantime, pected bacterial contamination of formula
Mr. Speaker, we need to address two move to get the product back here. which originated from Abbott Nutrition’s for-
areas. We need to address the imme- As the President announced today, mula plant in Sturgis, Michigan.
diate crisis to get product on the we will be able to use our airplanes. We The FDA’s Coordinated Outbreak Response
shelves as soon as we can, which is can get product here rapidly. and Evaluation (CORE) Network, along with
what this bill does tonight, along with Again, it should come from FDA-ap- the CDC and state and local partners inves-
other measures that the administra- proved facilities. That is what we are tigated the issue.
tion is taking. about tonight. That is what it is. It is According to the FDA, CORE is no longer
There are some very serious under- not about politics. We are going to in- investigating the incident, but the FDA estab-
lying issues that we face. The question vestigate what happened here. lished an Incident Management Group (IMG)
arises, how did we get here? How did Let’s come together. Let’s move to- on April 1, to continue to work on supply chain
this happen? gether to address a nationwide chal- and food safety issues.
One of the biggest issues and con- lenge and a problem that we face. Let’s Although the source of the contamination
cerns is the whole issue of the consoli- not continue to put mothers and fa- has been determined and the investigation
dation of the industry. There are only thers and babies at risk. We have the has ended, the baby formula shortage prob-
four manufacturers of infant formula responsibility to do something tonight, lems continue to remain around the country,
in the United States, and when one of to make it happen, and I urge my col- and the recall is still in effect.
the four has produced a contaminated leagues, we cannot let any baby be at Currently, the nationwide out-of-stock rate
product, knowingly putting our babies risk of going to sleep hungry in this for baby formula has reached a high of 43
at risk, yes, and they fought the FDA country. We must act quickly. There is percent.
on really calling for a recall. The FDA, no room for error. Over fifty percent of the infant formula pro-
again, had to go to district court to be I urge my colleagues to support this duced in the United States goes to the Special
able to move to a consent decree to bill, and I yield back the balance of my Supplemental Nutrition Program for Women,
talk about cleaning up the mess in time. Infants, and Children (commonly known as the
Sturgis, Michigan. Ms. JACKSON LEE. Mr. Speaker, I rise in
WIC program).
When that product came off the shelf, strong support of H.R. 7790, the Infant For- WIC serves to safeguard the health of low-
43 percent of the product was gone be- mula Supplemental Appropriations Act which income women, infants, and children younger
cause that is the piece that Abbott has. would provide $28 million in emergency sup- than 5 who are at nutritional risk.
They have cornered the market. We plemental appropriations to address the short- Infants must eat every three to four hours
need to address that root problem of age of infant formula in the United States. and their formula or breast milk must have
I thank my good friend and colleague,
sole-source contracting. This is preva- certain nutrients in order to provide them with
Chairwoman Rosa DeLauro, for introducing
lent in the meatpacking industry as essential nutrition for their growth and devel-
this important bill that addresses the ongoing
well. opment.
We cannot just rely on four producers national crisis in shortages of infant baby for-
Oftentimes, formula feeding exists on a con-
of infant formula. We have to take a mula.
The bill provides appropriations for the Food tinuum with breast feeding.
look at that, and that will be inves- There is no substitute for formula feeding
and Drug Administration (FDA) to:
tigated. address the current shortage of FDA-regu- because only 1 in 4 infants breastfeed exclu-
There is an inspector general inves- sively.
lated infant formula and certain medical foods
tigation going on that will take a look For parents who depend on baby formula
in the United States; and
at the issues of the contamination and prevent future shortages by taking nec- either out of choice or necessity, this crisis
that underlying cause. We will inves- essary steps to block fraudulent products from has the potential of impacting an entire gen-
tigate why it took so long for the entering the U.S. market. eration of infants for the rest of their lives.
FDA—4 months—to look at addressing This is the first time in recorded memory Desperation is overwhelming parents, and
this issue when they had knowledge that our Nation has had a substantial shortage some are turning to making their own baby
that this company was selling a con- of infant formula. formula at home.
taminated product, with some very Babies are in need and parents and care- Pediatricians caution against homemade
courageous whistleblower coming for- givers are desperate to find formula to feed baby formula as it runs the risk of not pro-
ward to tell the story. their children. viding the right amount of nutrients necessary
Those pieces are going to be inves- As the founder and Chair of the Congres- for healthy development.
tigated. In my view, we will follow the sional Children’s Caucus, I have worked to ad- Not having the correct formula can put a
investigation to where the difficulties dress the needs of women, families, and chil- child’s physical and mental development at
are, and we will hold people account- dren. risk due to malnourishment that could occur if
able for that. On Saturday, May 14, 2022, I hosted a the formula is not correct.
In the meantime, we have a responsi- baby formula giveaway and was joined by the This is not an issue that parents can easily
bility. That responsibility is to make National Association of Christian Churches solve at home.
sure that there is infant formula on the (NACC), a 501(c)(3) organization to provide This places the onus on the manufacturers
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shelves that parents can get access to, free baby formula to eight hundred families in of baby formula and the Congress to handle
and that is what this bill is about. That need of formula for the babies. the supply chain issues to deliver formula to
is what our efforts are all about, giving The formula provided would only last a few parents and caregivers as quickly as possible.
the Food and Drug Administration re- days, but it was important because it gave This bill would give money to ensure that al-
sources to deal with the supply chain, families a few more days to find more formula ready existing formula brands are safe and
to be able to go to the seven producers for their children. can return to shelves as soon as possible.
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May 18, 2022 CONGRESSIONAL RECORD — HOUSE H5163
According to CBS News, more than half of the Director of the Office of Management The first electronic vote will be con-
all baby formula products available in Texas and Budget shall provide a report to the ducted as a 15-minute vote. Pursuant
are completely sold out, with an out-of-stock Committees on Appropriations of the House to clause 9 of rule XX, remaining elec-
of Representatives and the Senate three days
rate at 52.5 percent in Houston. tronic votes will be conducted as 5-
after enactment of this Act on the infant for-
The baby formula shortage is hitting poorer mula stock available at Federal agencies, minute votes.
communities disproportionately hard. whether excess Federal stock can be redi-
According to an article from CNN, about half f
rected to address the shortage of infant for-
of WIC beneficiaries lost access to baby for- mula in the commercial market, and the dis-
mula when their major supplier, Abbott Nutri- tribution and transportation capabilities of ACCESS TO BABY FORMULA ACT
tion, recalled their products. Federal agencies to help deliver infant for- OF 2022
The shortage has left all parents with less mula to communities in need, including The SPEAKER pro tempore. Pursu-
rural areas: Provided further, That none of ant to clause 8 of rule XX, the unfin-
choices and is adding further pressure to al-
the funds appropriated or made available in
ready existing economic disparities. ished business is the vote on the mo-
this or any other Act may be obligated or ex-
Recently, I partnered with the National As- pended for the travel expenses of the Com- tion to suspend the rules and pass the
sociation of Christian Churches to distribute missioner unless such travel is directly re- bill (H.R. 7791) to amend the Child Nu-
baby formula at Jack Yates High School to my lated to addressing the infant formula short- trition Act of 1966 to establish waiver
constituents in Houston. age or the Commissioner submits to the authority to address certain emer-
Ovie and Mikayla Cade are just two of the Committees on Appropriations of the House gencies, disasters, and supply chain
many parents that have been struggling to of Representatives and the Senate a plan to disruptions, and for other purposes, on
feed their baby and looked to the drive for address the infant formula crisis. which the yeas and nays were ordered.
much needed support. The SPEAKER pro tempore. Pursu- The Clerk read the title of the bill.
A drive like this provides short-term relief for ant to clause 2(b) of rule XIX, the pre- The SPEAKER pro tempore. The
an issue that requires institutional action to vious question is ordered on the motion question is on the motion offered by
create long-term changes. to recommit. the gentleman from Virginia (Mr.
That is why for the time being I plan to The question is on the motion to re- SCOTT) that the House suspend the
reach out to national disaster organizations to commit. rules and pass the bill.
pull together resources to provide immediate The question was taken; and the This is a 15-minute vote.
support for these families. Speaker pro tempore announced that The vote was taken by electronic de-
This shortage transcends state lines and re- the noes appeared to have it. vice, and there were—yeas 414, nays 9,
quires a joint effort on all fronts to get these Mrs. HINSON. Mr. Speaker, on that I not voting 6, as follows:
infants the nutrition they need as quickly as demand the yeas and nays. [Roll No. 218]
possible. The SPEAKER pro tempore. Pursu- YEAS—414
I urge all my colleagues to support H.R. ant to section 3(s) of House Resolution
Adams Cartwright Escobar
7790 for the Infant Formula Supplemental Ap- 8, the yeas and nays are ordered. Aderholt Case Eshoo
propriations Act. Pursuant to section 8 of rule XX, fur- Aguilar Casten Espaillat
The SPEAKER pro tempore. All time ther proceedings on this question are Allen Castor (FL) Estes
Allred Castro (TX) Evans
for debate has expired. postponed. Amodei Cawthorn Fallon
Pursuant to House Resolution 1124, f Armstrong Chabot Feenstra
the previous question is ordered on the Auchincloss Cheney Ferguson
bill. RECESS Axne Cherfilus- Fischbach
Babin McCormick Fitzgerald
The question is on the engrossment The SPEAKER pro tempore. Pursu- Bacon Chu Fitzpatrick
and third reading of the bill. ant to clause 12(a) of rule I, the Chair Baird Cicilline Fleischmann
The bill was ordered to be engrossed declares the House in recess for a pe- Balderson Clark (MA) Fletcher
Banks Clarke (NY) Foster
and read a third time, and was read the riod of less than 15 minutes. Barr Cleaver Frankel, Lois
third time. Accordingly (at 8 o’clock and 16 min- Barragán Cline Franklin, C.
MOTION TO RECOMMIT utes p.m.), the House stood in recess. Bass Cloud Scott
Beatty Clyburn Fulcher
Mrs. HINSON. Mr. Speaker, I have a f Bentz Clyde Gallagher
motion to recommit at the desk. Bera Cohen Gallego
The SPEAKER pro tempore. The b 2030 Bergman Cole Garamendi
Beyer Comer Garbarino
Clerk will report the motion to recom- AFTER RECESS Bice (OK) Connolly Garcia (CA)
mit. The recess having expired, the House Bilirakis Cooper Garcı́a (IL)
The Clerk read as follows: was called to order by the Speaker pro
Bishop (GA) Correa Garcia (TX)
Bishop (NC) Costa Gibbs
Mrs. Hinson of Iowa moves to recommit tempore (Mr. KILDEE) at 8 o’clock and Blumenauer Courtney Gimenez
the bill H.R. 7790 to the Committee on Ap- Blunt Rochester Craig Golden
30 minutes p.m.
propriations. Bonamici Crawford Gomez
f Bost Crenshaw Gonzales, Tony
The material previously referred to Bourdeaux Crist Gonzalez (OH)
by Mrs. HINSON is as follows: ANNOUNCEMENT BY THE SPEAKER Bowman Crow Good (VA)
Strike all text and insert the following: PRO TEMPORE Boyle, Brendan Cuellar Gooden (TX)
F. Curtis Gottheimer
GENERAL PROVISION The SPEAKER pro tempore. Pro- Brady Davids (KS) Granger
(INCLUDING TRANSFER OF FUNDS) ceedings will resume on questions pre- Brooks Davidson Graves (LA)
SEC. 101. Of the amounts made available viously postponed. Brown (MD) Davis, Danny K. Graves (MO)
Brown (OH) Davis, Rodney Green (TN)
under section 1001(a) of the American Rescue Votes will be taken in the following Brownley Dean Green, Al (TX)
Plan Act of 2021 (Public Law 117–2), funds order: Buchanan DeFazio Griffith
shall be available to address the current Motion to suspend the rules and pass Buck DeGette Grijalva
shortage of Federally-regulated infant for- Bucshon DeLauro Grothman
H.R. 7791; Budd DelBene Guest
mula in the United States: Provided, That up
to $5,750,000 of such funds may be transferred Motion to recommit on H.R. 7790; Burchett Delgado Guthrie
to the Food and Drug Administration for Passage of H.R. 7790, if ordered; Burgess Demings Harder (CA)
Passage of H.R. 350; and Bush DeSaulnier Harris
necessary activities to address the shortage, Bustos DesJarlais Harshbarger
including such steps as may be necessary to Motions to suspend the rules with re- Butterfield Deutch Hartzler
prevent fraudulent products from entering spect to the following: Calvert Diaz-Balart Hayes
the United States market: Provided further, H.R. 2992; Cammack Dingell Hern
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That the Commissioner of Food and Drugs Carbajal Doggett Herrell
H.R. 6943; Cárdenas Donalds Herrera Beutler
shall report to the Committees on Appro-
H.R. 2724; Carey Doyle, Michael Hice (GA)
priations of the House of Representatives
and the Senate on a weekly basis on obliga- S. 4089; Carl F. Higgins (NY)
H.R. 6052; Carson Duncan Hill
tions of funding under this heading in this Carter (GA) Dunn Himes
Act to address the shortage of infant formula S. 2533; and Carter (LA) Ellzey Hinson
in the United States: Provided further, That S. 2102. Carter (TX) Emmer Hollingsworth
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