Access to Baby Formula Act of 2022

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.

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.

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,

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.

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).

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. 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.

Mr. Speaker, I yield an additional 30 seconds to the gentlewoman.

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.

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 7791) to amend the Child Nutrition Act of 1966 to establish waiver authority to address certain emergencies, disasters, and supply chain disruptions, and for other purposes.

Madam Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 7791, the Access to Baby Formula Act of 2022.

Mr. Speaker, I yield myself such time as I may consume.

Madam Speaker, across the country, the ongoing shortage of formula is disproportionately hurting women and children who rely on the benefits through the WIC program, leaving them with few options to purchase safe formula for their infants. That is because about half of the infants in America participate in the WIC program.

In times of crisis, one of our core responsibilities as lawmakers is to ensure that families in need can continue to feed their children and keep them healthy.

While I am encouraged that the Biden administration and Abbott Nutrition have reached an agreement to restart formula production following the company's recall, the immediate consequences facing our children require additional action.

That is why the gentlewoman from Connecticut (Mrs. Hayes) and the gentlewoman from California (Mrs. Steel) and I took action to help vulnerable Americans provide their babies with the nutrition they need. One of the flexibilities in the WIC program that the Access to Baby Formula Act provides will allow families in need to use WIC benefits to purchase other safe and available infant formula products.

WIC vouchers can be limited to one brand product. This makes sense because a WIC program can require companies to bid for the privilege of participating. Having the power to limit participation to just one brand encourages vendors to agree to huge discounts.

Unfortunately, in a time of shortage, a voucher for a product not on the shelf is of no value. This bill allows flexibility in such a time so that parents will be able to purchase whatever brand is actually available.

This legislation reflects our commitment to ensuring access to formula for those who need it most, during both the current crisis and into the future.

Madam Speaker, I thank the gentlewoman from Connecticut and the gentlewoman from California for their urgent leadership on the Access to Baby Formula Act, and I urge my colleagues to join in taking a stand for our Nation's children.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, I yield 4 minutes to the gentlewoman from Connecticut (Mrs. Hayes).

Madam Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), the Speaker of the United States House of Representatives.

Madam Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Carolyn B. Maloney), the chairwoman of the Oversight and Reform Committee.

Madam Speaker, I include in the Record a letter from dozens of health, nutrition, education, and child advocacy organizations urging passage of this legislation, and I reserve the balance of my time.

May 18, 2022.

Hon. Nancy Pelosi,

Speaker, House of Representatives,

Washington, DC.

Hon. Charles Schumer,

Majority Leader, U.S. Senate,

Washington, DC.

Hon. Kevin McCarthy,

Minority Leader, House of Representatives,

Washington, DC.

Hon. Mitch McConnell,

Minority Leader, U.S. Senate,

Washington, DC.

Dear Speaker Pelosi, Leader McCarthy, Leader Schumer, and

Leader McConnell: Parents across the country are increasingly

anxious about the diminished availability of infant formula

in traditional retail channels after Abbott Nutrition

instituted a nationwide recall of its most popular products

in February 2022. The undersigned organizations urge swift

action in Congress to provide federal agencies with the

flexibilities and resources needed to shore up supply, assure

the safety of infant formula available on the market, and

provide families with options that ensure babies have access

to essential nutrition.

Although breastfeeding is the optimal source of infant

nutrition, sustained breastfeeding is not an option for many

mothers. Infant formula is an essential product constituting

the majority--or even exclusive--source of nutrition for many

infants and some older children and adults with metabolic

disorders. Since Abbott Nutrition announced the infant

formula recall in February 2022, the Food and Drug

Administration (FDA) has led an interagency effort to address

supply challenges and encourage increased production among

the limited domestic manufacturers. The infant formula

manufacturing sector is highly concentrated, with only four

companies--Abbott Nutrition, Reckitt Benckiser (Mead

Johnson), Nestle (Gerber), and Perrigo--commanding nearly 90

percent of the domestic infant formula supply. As the nation

navigates through the Abbott recall, manufacturer assurances

of increased production have not yet translated to increased

stock on the shelves, leaving many families with limited

options and acutely impacting individuals who need specialty

formulas to accommodate for allergies, digestive issues, or

metabolic disorders.

More than half of all infant formula purchases in the

country go through the Special Supplemental Nutrition Program

for Women, Infants, and Children (WIC), which typically

limits the 1.2 million infants receiving formula benefits to

a specific brand. Though WI C's State-based, sole-source

contracting process has been a successful cost containment

strategy, limited options posed a unique challenge during

this unprecedented failure of the manufacturing sector.

Starting in February 2022, a patchwork of waivers from the

U.S. Department of Agriculture (USDA) and contract

flexibilities exercised by State WIC Agencies allowed for WIC

families have more options--including additional container

sizes and brands--to ensure that low-income families could

obtain infant formula amid limited supply on the shelves.

As with the commercial market, WIC's program structure did

not anticipate the possibility of the widespread shortages

that are felt today by all parents of formula-fed infants.

The bipartisan Access to Baby Formula Act advances common-

sense, but essential, flexibilities that will provide

regulatory relief and maximum flexibility to State and local

providers as they support low-income families during product

recalls and public health emergencies. This legislation also

works to build contingencies into State contracts with infant

formula manufacturers and promotes collaboration between USDA

and FDA to assure a coordinated, public-private response to

infant formula recalls and supply disruptions. These steps

empower WIC with the flexibility to ensure that the most

vulnerable infants have access to adequate nutrition when

supply is strained or limited.

Additionally, the Infant Formula Supplemental

Appropriations Act of 2022 would provide $28 million in

funding for FDA to address product shortages and strengthens

the agency's capacity to assure safety of infant formula,

especially as new products enter the domestic market. FDA's

limited bandwidth to monitor for safe manufacturing practices

at infant formula production sites is concerning, and this

additional funding will be essential to building a safe and

more resilient supply chain that delivers quality product to

support infants' nutrition needs.

Together, these two bills provide a substantial next step

in the federal response to the Abbott recall and will better

position agencies and low-income families to weather the

crisis. But more must be done to identify and remedy the

structural factors that allowed for the domestic infant

formula supply to be so substantially impacted by the closure

of only one manufacturing facility. We look forward to

ongoing efforts in Congress and federal agencies to assess

the competitiveness of the infant formula manufacturing

sector and assure that any given manufacturer's operations

are sufficiently diversified to deliver essential product to

parents in need.

We thank you for your attention to this issue, which

remains top-of-mind for so many parents across the country,

and we urge swift action to deliver change and build a better

future for the next generation of Americans.

Sincerely,

National Organizations

National WIC Association, MomsRising, 2020 Mom, 9to5, A

Better Balance, Academy

of Nutrition and Dietetics, American Federation of State,

County, and Municipal Employees (AFSCME), Alliance to End

Hunger, American Academy of Family Physicians, American

Federation of Teachers, American Public Health Association,

American Public Human Services Association, American Society

for Nutrition, Association of Maternal & Child Health

Programs, Association of State and Territorial Health

Officials, Asthma and Allergy Foundation of America.

Autistic People of Color Fund, Autistic Women & Nonbinary

Network, BUILD Initiative, Campaign for a Family Friendly

Economy, Catholics for Choice, Center for Science in the

Public Interest (CSPI), Chamber of Mothers, Child Care Aware

of America, Child Welfare League of America, Children's

Advocacy lntitute, Children's HealthWatch, Coalition on Human

Needs, Community Change Action, Congregation of Our Lady of

Charity of the Good Shepherd, U.S. Province; Democratic

Mayors Association, Disability Rights Education & Defense

Fund, Educare Learning Network, Equal Rights Advocates.

Family Values @ Work, Family Voices, Families USA, FARE

(Food Allergy Research and Education), First Five Years Fund,

First Focus Campaign for Children, Food Research & Action

Center (FRAC), Hispanic Federation, Hunger Free America,

League of United Latin American Citizens (LULAC), March of

Dimes, MAZON: A Jewish Response to Hunger, Mom Congress,

National Advocacy Center of the Sisters of the Good Shepherd,

National Association for the Education of Young Children,

National Association of Councils on Developmental

Disabilities, National Association of Counties (NACo),

National Association of Social Workers, National Birth Equity

Collaborative.

National Center for Parent Leadership, Advocacy & Community

Empowerment (National PLACE), National Community Action

Partnership, National Council of Jewish Women, National

Diaper Bank Network, National Education Association, National

Head Start Association, National Partnership for Women &

Families, National Women's Law Center, Nemours Children's

Health, Network Lobby for Catholic Social Justice, Nurse-

Family Partnership, ParentsTogether Action, Partnership for

America's Children, Perigee Fund, PL+US: Paid Leave for the

U.S., Population Connection Action Fund, Prevent Child Abuse

America, Public Advocacy for Kids (PAK)), Research 2 Impact,

Madam Speaker, I had another speaker on the way, but he is not here yet, so I am prepared to close. I reserve the balance of my time.

Madam Speaker, I yield myself the balance of my time.

Madam Speaker, as I said at the beginning of debate, one of our core responsibilities as lawmakers during times of crisis is to ensure that families, particularly those most in need, can continue to feed their children. This is precisely the goal that the Access to Baby Formula Act seeks to achieve.

By providing additional flexibilities in the WIC program, we have a critical

opportunity to assure that families can continue using their WIC benefits to get safe and available formula products that their children need.

Simply put, the Access to Baby Formula Act is legislation we need to ensure access to formula for children and families who need it most, both during this current shortage and into the future.

I thank the gentlewoman from Connecticut (Mrs. Hayes) and the gentlewoman from California, (Mrs. Steel) for their urgent leadership on behalf of our Nation's children and families.

I urge my colleagues to support H.R. 7791, the Access to Baby Formula Act, and I yield back the balance of my time.

Madam Speaker, I rise in strong support of H.R. 7791, Access to Baby Formula Act, a bill to amend the Child Nutrition Act of 1966 to establish waiver authority to address certain emergencies, disasters, and supply chain disruptions.

I am a cosponsor of H.R. 7791, and I thank my good friend and colleague Congresswoman Jahana Hayes for introducing this important bill that addresses the ongoing national crisis in shortages of infant baby formula.

I serve on the House Committees on the Budget and Homeland Security both of which have oversight or funding responsibilities for addressing this current crisis.

Many parents know there has been a short supply of baby formula nationwide for months, due to pandemic-related supply chain issues.

That shortage is now a crisis after four children became sick, and two died, after suspected bacterial contamination of formula which originated from Abbott Nutrition's formula plant in Sturgis, Michigan.

This key bill will help improve access to infant formula for vulnerable families during the infant formula shortage crisis.

Infant formula is essential to a baby's early life and development.

The shortage of infant formula has disproportionately affected women and children who rely on WIC benefits to purchase infant formula.

Over fifty percent of the infant formula produced in the United States goes to the Special Supplemental Nutrition Program for Women, Infants, and Children (commonly known as the WIC program).

The infant formula shortage crisis has taken a especially dangerous toll on women and children from underserved communities who use WIC benefits to access infant formula.

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) helps ensure the health and well-being of low-income women, infants, and children up to ages five who are at an increased nutritional risk.

WIC participation has been associated with improved infant health outcomes--including reduced infant mortality and reduced disparities in hospitalization rates among black and Latino infants.

WIC serves to safeguard the health of low-income women, infants, and children younger than 5 who are at nutritional risk.

About half of infant formula sold nationwide is purchased with WIC benefits.

The baby formula shortage is hitting poorer communities disproportionately hard.

According to an article from CNN, about half of WIC beneficiaries lost access to baby formula when their major supplier, Abbott Nutrition, recalled their products.

The shortage has left all parents with less choices and is adding further pressure to already existing economic disparities.

Recently, I partnered with the National Association of Christian Churches to distribute baby formula to 800 desperate parents at Jack Yates High School to provide help to parents with the greatest need in Houston.

Ovie and Mikayla Cade were two parents of the hundreds that came to the school for formula to feed their baby and looked to Jack Yates High School for relief.

The baby formula give-away provided short-term relief to parents in search of formula to feed their babies.

That is why for the time being I plan to reach out to national disaster organizations to pull together resources to provide immediate support for these families.

This shortage transcends state lines and requires a joint effort on all fronts to get these infants the nutrition they need as quickly as possible.

This bill provides the Department of Agriculture (USDA) the authority to waive certain requirements so that vulnerable families in the WIC program can continue purchasing other safe and available infant formula products with their WIC benefits during extenuating circumstances, such as a public health emergency or supply chain disruption.

The current WIC program has restrictions on which infant formula products a WIC participant can purchase using their WIC benefits.

WIC has limited the types and form of baby formula that can be purchased by families by only allowing powder formula.

The current crisis is an opportunity to remove this limitation on the types of baby formula available to parents and focus on the nutritional needs of babies.

The bill will also ensure that WIC participants are better protected during a product recall.

This is the first time in recorded memory that our nation has had a substantial shortage of infant formula.

Babies are in need and parents and caregivers are desperate to find formula to feed their children.

As the founder and Chair of the Congressional Children's Caucus, I have worked to address the needs of women, families, and children.

Currently, the nationwide out-of-stock rate for baby formula has reached a high of 43 percent.

According to CBS News, more than half of all baby formula products available in Texas are completely sold out, with an out-of-stock rate at 52.5 percent in Houston.

Infants must eat every three to four hours and their formula or breast milk must have certain nutrients in order to provide them with essential nutrition for their growth and development.

The fact that formula feeding exists on a continuum with breast feeding.

There is no substitute for formula feeding because only 1 in 4 infants breastfeed exclusively.

For parents who depend on baby formula either out of choice or necessity, this crisis has the potential of impacting an entire generation of infants for the rest of their lives.

Desperation is overwhelming parents, and some are turning to making their own baby formula at home.

Pediatricians caution against homemade baby formula as it runs the risk of not providing the right amount of nutrients necessary for healthy development.

This crisis was triggered by a manufacturing recall and subsequent closure of a major manufacturing plant as well as pandemic-related supply chain issues.

Specifically, on February 17, Abbott Nutrition--the largest infant formula manufacturer in the country--initiated a voluntary recall of several lines of powdered formula (including Similac, Alimentum, and EleCare) and subsequently closed its large manufacturing facility in Sturgis, Michigan.

The recall and closure of the plant happened because of concerns about bacterial infection at the Sturgis manufacturing facility after four infants fell ill and two died.

Also, at the time of the recall, FDA issued a warning to consumers not to use these recalled products.

President Biden has directed his Administration to work urgently to ensure that infant formula is safe and available for families across the country during the Abbott Nutrition voluntary recall.

Yesterday President Biden spoke with retailers and manufacturers-- including the CEOs of Walmart, Target, Reckett, and Gerber--and called on them to do more to help families purchase infant formula.

President Biden also announced additional steps to get infant formula onto store shelves as quickly as possible without compromising safety. These steps include:

Cutting red tape to get more infant formula to store shelves quicker by urging states to provide consumers flexibility on types of formula they can buy with WIC dollars

Calling on the FTC and state attorneys general to crack down on any price gouging or unfair market practices related to sales of infant formula, like third party sellers re-selling formula at steep prices

The Biden-Harris Administration will continue to monitor the situation and identify other ways it can support the safe and rapid increase in the production and distribution of baby formula.

As a result, more infant formula has been produced in the last four weeks than in the four weeks preceding the recall--despite one of the largest infant formula production facilities in the U.S. being offline.

The CDC has ended its investigation and directs consumers to the Abbott website to get information on the lots recalled and not recommended for use.

The baby formula shortage is not over and the Congress and the Administration must work together to find the solutions parents need to have access to baby formula to feed their infants.

This is not an issue that parents can easily solve at home.

I ask fellow members of the House to join me in voting in favor of

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.

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.

Madam Speaker, I thank the gentleman for yielding and for his great leadership in bringing this important legislation to the floor, which is part of his leadership for the children, America's working families, and our country.

I also commend Congresswoman Jahana Hayes for her exceptional leadership in this regard, for talking about this issue, for giving people hope that there is a solution not only to correct the situation for now but to make sure it doesn't happen again.

I thank Mr. Scott for his leadership in so many ways.

Madam Speaker, today, the House is taking strong action to improve access to infant formula through the Women, Infants, and Children's program, also known as WIC. This shortage has taken an especially dangerous toll on women and children from underserved communities as about half of all infant formula sold nationwide is purchased as WIC benefits.

Thanks to the tireless leadership of Congresswoman Jahana Hayes and Education and Labor Chairman Bobby Scott, we will pass legislation today to secure important flexibility for the WIC program to help vulnerable families buy infant formula in times of emergency.

This action ensures WIC can respond quickly to supply chain disruptions and recalls by relaxing certain non-safety-related regulations. In doing so, we make sure that America's babies get the nutrition they need right now and for the future.

At the same time, under the relentless leadership of Appropriations Chair Rosa DeLauro, the House will soon pass an emergency supplemental appropriation to address the shortage.

The supplemental delivers urgently needed resources to the FDA to take steps to restore formula supply, increase FDA's inspection staff, keep fraudulent products off the grocery shelves, and better collect data on shortages in communities across the Nation.

It is essential that we ensure the Federal Government has the resources it needs to get baby formula back on the shelves. As the President said, we want to do it quickly, but we must do it safely, and we must do it with caution, not so fast as not to be safe.

These two bills are strong steps, and Democrats will not relent in shining a bright light on this emergency.

I am hopeful that Congressman Scott's and Congresswoman Hayes' legislation will be strongly bipartisan. That is my understanding, and that would be a great thing, coming together for the children.

Additionally, Chairwoman DeLauro is having hearings tomorrow in the Appropriations Committee on this subject. Chairman Frank Pallone of the Energy and Commerce Committee will be holding hearings next week to learn more. Chairwoman Carolyn Maloney of the Committee on Oversight and Reform has launched an investigation into the shortage, requesting that the four major formula manufacturers detail the steps they are taking to address this emergency. I thank her for her leadership.

When people ask me what the three most important issues facing the Congress are, I always say the same thing: our children, our children, our children--their health; their education; the economic security of their families; a clean, safe, gun violence-free environment in which they can thrive; and a world at peace in which they can reach their fulfillment.

That is why ensuring our beautiful babies have the nutrition they need to grow up healthy and strong is of urgent moral imperative.

As a mother of five and grandmother of nine, I know firsthand that when a baby is crying because a baby is hungry, we want to give that baby what is best for the baby in terms of not only satisfying the hunger but helping with the development, and that is why this has to be safe. Together, these two bills are the latest manifestation of our For the Children agenda, protecting their health and well-being.

Today, the President invoked the Defense Production Act to address nationwide shortages of baby formula, and that is a good thing. He will also make available some military aircraft to bring formula that is safe from other places to our country to get that formula on the shelves, in the homes, for the babies as soon as possible.

I say this is as personal as it gets for a family. Again, we all want it to be safe, and that is what I know that this legislation is about. That is why a vote ``no'' on this will deprive hungry babies of nutrition they need and jeopardize their future. That is why I am so glad it will be strongly bipartisan.

I urge an ``aye'' on both bills for the babies, for the children, and I congratulate both sides of the aisle for their work on this legislation.