Transcript of Pelosi Remarks at Press Conference on Legislation to Address Baby Formula Shortage

Washington, D.C. – Speaker Nancy Pelosi and Congressional Democrats held a press conference on legislative proposals to address the baby formula shortage. Below are the Speaker's remarks:

Speaker Pelosi. Good afternoon, everyone.

The babies. For – I usually say For The Children. Today, For The Children, For The Babies. I was telling our colleagues that as they gather here – on the way in, I was – we were driving behind a truck this morning, and it said ‘for the babies' on top. It had nothing to do with what we're dealing with now. It was just a regular delivery truck with things for the babies, but that's the centerpiece of all of this now. Our babies – the nutrition they receive when they are very young has such an impact on their entire lives. The security their families feel about taking good care of them is what our country is about.

Today, the House Democrats are unveiling a new legislative agenda to ease the unconscionable infant formula shortage. There are two bold bills that we have – you'll hear about them. Bobby Scott, the Chair of, of Ed and Labor, is on the Floor with the workforce development bill, but he and Jahana – Congresswoman Jahana Hayes have worked very hard on a bill that you will hear about that, that talks about the WIC program.

We're very honored to have on our side of the aisle – returning, a former Member of the House of whom we're very, very proud of her leadership and service, now the Chair of the Agriculture, Nutrition and Forestry Committee of the Senate, which has the jurisdiction that Ed and Labor has – over here to talk about that legislation that they have, as well as how it impacts the WIC program.

And of course, there – Rosa DeLauro on Appropriations. As the Chair, Rosa, when she – before she was the Chair of the almighty powerful whole Committee of Appropriations, one time she was Chair of the Ag Subcommittee, which has largely nutrition in it, so she knows of this issue well and will talk about the appropriations bill coming forward on that.

Mr. Pallone will be having hearings on this and as others – Mr. Leader has informed me that Carolyn Maloney, and you may want to speak more to that, will be having hearings in the Oversight Committee as well. But we're going to hear from Mr. Pallone today.

None of this could be possible without the speed and efficiency of getting this legislation to the Floor in very short order. And the minute the Leader heard about this issue and took it up with our Chairs and the Chairs' Committees, we were on our way. So thank you, Mr. Leader, for your knowledge of this issue, your appreciation for the urgency of it all and for bringing – giving us this opportunity to vote on bills this week.

It's now my pleasure to – privilege to yield to the distinguished Democratic Leader of the House, Mr. Hoyer of Maryland.

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Speaker Pelosi. Thank you very much, Jahana, for your – bringing your personal experience to the situation. As you were speaking, I was thinking of those who've gone before us in the Congress who established the WIC program – women, infants and children – and, and the long view of what we need for our children. And so such an important initiative. Again, Congress – that falls under the Ed and Labor Committee. Congresswoman DeLauro has been tracking these issues as Chair of the Appropriations Committee, but long before that, and she's going to give us the full picture of where we're going to go with the money and what we have to do. I'm very proud of our President, who has said we must deal with this quickly, but safely and cautiously. That's what the Chairwoman is doing. Congresswoman DeLauro.

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Speaker Pelosi. Thank you very much, Mr. Chairman. When you mention the user fees and everything at the FDA, it'd be important to see what the appetite is for user feesfor the ‘food' part of Food and Drug Administration. Because if we could get a user fee, on the food side, we could have a much bigger budget for staffing the rest on the food side of theFood and Drug Administration, A.

B, the FDA has no power to recall [drugs] – we say recall, but it really is a moral suasion issue. The Food and Drug Administration can say something is wrong with this, and then the public reaction to it is effectively the company would then perhaps recall, but we haven't – there is no power. We have it in the BBB, we've had it in the BB – in hopes that we could pass it there when we haven't been able to get it over time in other legislation that required a strong bipartisan vote. So in terms of recall, when we use that term, it is not the power of recall, it's the sway power – the persuasion of a company recalling voluntarily. So you see, we have a stronger hand to play here, if we would be willing to do so.

There is also some, some attitude in the country that there is plenty of supply. It's just not all in the right places. And – but there must be a computer program that tells us where that is. If that is so, then let's get that moving right this minute into the mouths of babies. We fight all the time not to take food out of the mouths of babies, as some initiatives might result in.

As a mother of five, grandmother of nine – a long time ago for me – I can still hear a baby cry. The baby is hungry. A mother should not – a parent, dad, mom, grandparents, whomever – caregivers should not have to hear a baby cry without being able to fulfill the need, to anticipate the need. Again, must be safe. We have to be cautious in how we proceed. But we have to do this as quickly, as safely possible.

So with that, we're pleased to take any questions.

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Q. I was wondering if you could talk a little bit about how this $28 million is going – it seems like it's going to FDA. But is there a world in which FDA can put that money into the companies that will actually be needed to overstaff the production side or just focus on the COVID side?

Chair DeLauro. No. What this does is divide it up into infant formula supply chain monitoring and assessment for a million and a half dollars. Health fraud, state partnerships, laboratory methods, development, $3 million to the Office of Regulatory Affairs, social media data capture, analysis to identify unsafe infant formulas so we can track stuff online and that $500 – half a million dollars. Then it's in infant formula and staffing, it's $23 million.

The Speaker spoke about – if we are going to bring more companies online that are FDA approved, and that is either domestically or internationally, those facilities have to be inspected. FDA does not have the adequate inspection force to be able to do that and to do it in a timely way. The other piece is, I mentioned earlier there – you're going to look at companies who want to try to provide us with a product, who may not be FDA approved. That is a submission. Nine people. That's it. So it – the crux of this is providing infrastructure, if you will, in order to do what needs to get done. And that is about as quickly as possible. How we get product in and get it on the shelves.

And that is what this is about. It's supply chain, it's data, it's looking at fraud. My God, you could have anybody coming forward and say, ‘They do this, they do that' and so forth. Unless we have a standard to which – to judge them by, and unless we can inspect and look at all of this, you know, we take a very big risk. And today, the Speaker spoke about mothers – parents today are saying ‘Okay,' and then go to a pediatrician and say, ‘What should I do?' And the pediatrician may even say, ‘Take a chance, because it's maybe okay.'

But think about being a mother – you need to feed your baby. And then you're scared that – if what you feed your baby is going to cause harm. So what we want to do is to provide the resources as quickly as we possibly can, get this done, then take up the issues of accountability. And I spoke about accountability at the FDA as well, because they dragged their feet for several months before there was a recall. And the Speaker was right. We don't have any power of recall. It's the company who determines whether or not they're going to recall the product.

Q. Madam Speaker, the White House says they've been working on this since February, but Congress is not acting until months later. So my question is, if the $28 million –

Speaker Pelosi. Who said that?

Q. The White House Press Secretary said that they've been tracking this since February. So my question is, if the $28 million in emergency funding and the changes to WIC had happened months ago, could Congress have helped prevent the catastrophic shortage that we're seeing today?

Chair Pallone. Can I just say this? The Biden Administration has been taking action since February. I just have three things there. You know, they, they provided more flexibility for the, for the WIC program to boost accessibility. They worked with manufacturing to increase production and encouraged importation of safe formula. So I think the bottom line is they have been taking actions, but we really feel that now, more needs to be done. And that's why we're talking about Rosa's bill, we're talking about the other bill with WIC, and then further, you know, authorizing bills down the line, which as you know, is what Energy and Commerce is looking at. But you just have to be – you have to understand, and I'm not trying to be difficult, that this is complex. Like one of the things that bothers me is that I found out in the last couple of days – told you guys that people are now ordering, I guess through the mail, formula from Canada and other countries. And in some cases, that's been the Abbott stuff that's already been taken off the market here.

And so you know, this, this is an issue where it's not just a question of supply, but safe supply. And that's part of the problem – is to make sure that the stuff that's being recalled is not being used, and that what we use now is safe.

Chair DeLauro. Well, USDA – I hear your question. USDA moved very quickly, as you heard Senator Stabenow speak about. In terms of – they're only – and why you have the Education and Labor piece of legislation is to give WIC and the USDA more power, because in fact, Secretary Vilsack does not deal with moving the pieces around. He has provided flexibility to a beneficiary so that they can more easily get access to the product. What we're trying to do is to provide him with more authority, and he did that. Quite honestly – and the first stories that came out – and speaking of – this was before I even knew of a whistleblower's report. I called for an Inspector General investigation of a delay of – from last October until a recall in February by the FDA, and why? Now that's going to take a while. Okay, now – but in the meantime, the issue and the crisis is now.

So how do we, in the very short order, provide them with what they need, in terms of FDA, to be able to bring a product back? We're going to look at other pieces about strengthening their authorities and holding people's feet to the fire. We are going to investigate Abbott, and the chips should fall where they may. People have to be accountable, whether it is at FDA or whether it is at Abbott.

Speaker Pelosi. If I may just say: seeing the problem is very important, but understanding it very carefully is, too. There is – some babies need a very special kind of formula. Only one manufacturer makes that. It became contaminated. If they – when you find out about the issue, then you look into, what is the nature of this? How do – what is it that we have to address? That was one part of it.

When Rosa – Madam Chair – referenced the babies who died, they were the ones who were – needed this special formula, and it has this special category. And that was contaminated. And that's sinful. But it was. And so that's one thing that – to be looking at. And then, of course, the fungibility of this, when everybody then runs to the next – the next category, then you have the shortage. And this – this supply chain issue is one that is rearing its head in many ways. But when it comes to babies, it's the here and now and in this moment. I think that when all of this is done – I'm not associating my colleagues with what I'm going to say right now, I'm just saying it myself – I think there might be a need for indictment.

And other questions? Yes, ma'am.

Q. Madam, Senator – I want to ask – Senator John Cornyn expressed some doubt on whether or not $20 million was necessary. There may be other Republicans who share some of that skepticism that this money is so urgently needed, arguing that this might be more of a supply chain problem. I know you've addressed that, Congresswoman. But I'm curious: do you have concerns that Republicans in the Senate may not support this legislation?

Speaker Pelosi. I don't – I can't answer for what the Senate will do. But $20 million is a lot of money. Twenty million with an ‘m.' But anybody who says that that's too much money to spend for the safety and well-being of our babies, I just don't agree with. Period. That's not – and this was a very crafted number. It wasn't, ‘Well, what – what's the most we can spend?' It's, ‘What is the most effective [way] we can spend?'

Chair DeLauro. And understand – in the piece of legislation, there is a provision that says that the FDA has to report to the House Appropriations and the Senate Appropriations Committee every week on the utilization of the funding so that we know what is happening – and if they are accountable for the use of that fund.

Speaker Pelosi. One more question. Yes, ma'am?

Q. Madam Speaker, why is the WIC bill not on the schedule until Thursday? Isn't that more important than naming that federal post office earlier in the week?

Speaker Pelosi. Well, we have to have a – we have to have the regular order. Right now, the Committee has the workforce development legislation on the Floor of the House, which is very important to us. We went to Rules today to – in order to bring the WIC bill to the Floor. And of course, it will have to go through the Senate as well. So it's not holding any – anything out. The Senate will be dealing with – my hope and understanding is – with the Ukraine legislation the next couple of days.

Q. Madam Speaker, one quick question is about timing. The FDA has said that, with their new guidelines on importation, we'll start to see improvements on the shelves in the next couple of months. How quickly do you think the $28 million supplemental could yield results?

Chair DeLauro. Well, yes. I mean, let me address that in this way – and I read the guidance from the, from the FDA. And while I believe it is a good step and trying to move forward, I am disappointed in this, in that we will look at it – both foreign and domestic facilities that are not FDA approved. I believe we ought to be doing business with FDA approved facilities. And I believe that would be a much quicker process. Because if they are not FDA approved, as I pointed out before, you have to do the investigation, you have to visit, you have to do all of those things. So if we could go and we have, you know, seven overseas facilities at the moment, they're in France, in Germany, in the Netherlands, in Ireland and Denmark. You know, so there are several – where my view is that we could go, it's FDA approved, that project could be immediately brought back to the U.S. So – in a much more timely way. I agree with you. We can't wait two months to have this happen.

Q. So is that what your bill would help? Speed up the inspection process?

Chair DeLauro. No – yes, it would do that. And the bill also would allow for the ability to get the product from an FDA already approved facility. We have facilities that have passed inspections. Let's go there first, and then let's get a product back and get it on the shelves as quickly as we can.

Q. So if your – sorry, one last question: if your bill is passed, how quickly do you think that American supermarkets and stores will start seeing results?

Chair DeLauro. Well, I, you know, my, my hope is, is that – look, we think we're going to – we don't, we've got to pass in the House, which we will do, we'll pass it in the – and we have to see about the Senate.

And so as quickly as that process – and I wouldn't understand why anyone would not want to move as quickly as we can, with giving people the wherewithal to get the product to bring it back here. That – because this is not a Democratic issue or a Republican issue. This is about the risk and the life of babies in this country.

Speaker Pelosi. If I just may say, there are a couple of things happening. One is that we are taking – we want to know, is there – as has been told to us – that there is product in our country, it's just a question of where it is and where it needs to be taken to. We've said, ‘Let's use the vaccine, shall we say, model of – of get – transferring to localities, if that's possible.' Because the FDA is not a transportation agency, nor is the Department of Agriculture.

But there are maybe – there, this is what we're looking into. Are there private sector facilities that can move that? What is that? How much is that? Could be 80 percent. If so, we would have stuff on the shelf right away. But we don't know. And that's what we're finding out, A.

B, remember, during COVID, it was very – almost impossible for the FDA to travel to foreign countries to inspect plants. So that has been a setback, not just – I'm not just talking about baby food – formula. I'm talking about other sources of – of FDA-approved products that would come to the United States. You know that, Frank. They were not able to travel or able to get into these plants because of COVID. So that is a setback. So we want it as soon as possible, right now. And why isn't it? And how much can we get fast, safely? The President keeps saying ‘safely.'

Is Australia approved or not?

Chair DeLauro. No.

Speaker Pelosi. They have supply. We have to see if they're approved. So it's not just a question of, ‘Oh, it's there. Let's buy it. Let's bring it in.' Safety is very important in all of that. And our having our bill on Wednesday is not holding anything up because it will still have to pass the Senate, which is occupied, happily, now on – not happily, but thank God, on Ukraine right now, so that they can do that tomorrow and then beyond their schedule shortly thereafter.

We would hope that this will be – in terms of the WIC bill, Jahana – Congresswoman Jahana Hayes and Debbie – Madam Chair Stabenow's bill – hopefully that would be overwhelmingly bipartisan. We'll see where this goes.

We have to go. Thank you so much.