[Pages H5152-H5158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ACCESS TO BABY FORMULA ACT OF 2022

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

H.R. 7791

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

SECTION 1. SHORT TITLE.

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

SEC. 2. AUTHORITY TO ADDRESS CERTAIN EMERGENCIES, DISASTERS,
AND SUPPLY CHAIN DISRUPTIONS.

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786) is amended--
(1) in subsection (b), by adding at the end the following:
``(24) Supply chain disruption.--The term `supply chain
disruption' means a shortage of supplemental foods that
impedes the redemption of food instruments, as determined by
the Secretary.'';
(2) in subsection (h)(8), by adding at the end the
following:
``(L) Infant formula cost containment contract
requirement.--
``(i) In general.--The Secretary shall require that each
infant formula cost containment contract renewed or entered
into on or after the date of the enactment of the Access to
Baby Formula Act of 2022 includes remedies in the event of an
infant formula recall, including how an infant formula
manufacturer would protect against disruption to program
participants in the State.
``(ii) Rebates.--In the case of an infant formula recall,
an infant formula manufacturer contracted to provide infant
formula under this section shall comply with the contract
requirements under clause (i).
``(M) Memorandum of understanding.--Not later than 30 days
after the date of the enactment of the Access to Baby Formula
Act of 2022, the Secretary shall ensure there is a memorandum
of understanding between the Secretary and the Secretary of
Health and Human Services that includes procedures to promote
coordination and information sharing between the Department
of Agriculture and the Department of Health and Human
Services regarding any supply chain disruption, including a
supplemental food recall.''; and
(3) by adding at the end the following:
``(r) Emergencies and Disasters.--
``(1) In general.--Notwithstanding any other provision of
law, during an emergency period, the Secretary may modify or
waive any qualified administrative requirement for one or
more State agencies if--
``(A) the qualified administrative requirement cannot be
met by State agencies during any portion of the emergency
period under the conditions which prompted the emergency
period; and
``(B) the modification or waiver of such a requirement--
``(i) is necessary to provide assistance under this
section; and
``(ii) does not substantially weaken the nutritional
quality of supplemental foods provided under this section.
``(2) Duration.--A waiver established under this subsection
may be available for a period of not greater than the
emergency period and the 60 days after the end of such
emergency period.
``(3) Definitions.--In this subsection:
``(A) Emergency period.--The term `emergency period' means
a period during which there exists--
``(i) a public health emergency declared by the Secretary
of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d);
``(ii) any renewal of such a public health emergency
pursuant to such section 319;
``(iii) a presidentially declared major disaster as defined
under section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
``(iv) a presidentially declared emergency as defined under
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(B) Qualified administrative requirement.--The term
`qualified administrative requirement' means a requirement
under this section or a regulatory requirement issued
pursuant to this section.
``(s) Supply Chain Disruptions.--
``(1) In general.--Notwithstanding any other provision of
law, during a supply chain disruption, including a
supplemental food product recall, the Secretary may modify or
waive any qualified administrative requirement for one or
more State agencies if--
``(A) the qualified administrative requirement cannot be
met by State agencies during any portion of the supply chain
disruption, including a supplemental food product recall,
under the conditions which prompted such disruption or
recall; and
``(B) the modification or waiver of such a requirement--

[[Page H5153]]

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

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

General Leave

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

{time} 1915

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

[[Page H5154]]

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

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

[[Page H5155]]

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

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

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

National Organizations

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

[[Page H5156]]

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

State and Local Organizations

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

{time} 1930

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

[[Page H5157]]

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

[[Page H5158]]

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

____________________