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Floor Speech

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Mr. DURBIN. Mr. President, the hardest job in America during the pandemic certainly fell on the shoulders of our healthcare heroes. We owe a great debt of gratitude to the sacrifice and integrity they showed during this challenge.

But I want to add another category and that would be the category of parents, particularly of newborn infants during the pandemic. They have dealt with school closures and COVID lockdowns, rising prices at the checkout counter, and for parents with kids under the age of 5, the wait for COVID vaccine has been excruciating.

Now parents throughout the country are facing another burden--of all things--the availability and cost of infant formula. Since the beginning of this year, the supply of infant formula in America has been reduced by nearly half--half. The obvious question is, Why?

In February, the Food and Drug Administration discovered that Abbott's Michigan factory, which produces Similac, a well-known infant formula to many parents, may have been the source of a bacteria outbreak. That outbreak sent four infants to the hospital. Tragically, it claimed the lives of two. As a result, the factory in Michigan was shut down.

That shutdown and larger supply chain issues has caused a shortage and caused panic among many families. At this very moment, parents are frantically scouring the internet for formula, driving for hours from store to store, and paying obscene prices to shady sellers exploiting this desperate situation.

Some of the parents in Illinois have written to me. One of them is Jennifer Sendeski from Deer Park, IL. Eight months ago, she gave birth to her son. In her words, it was a moment of ``sheer joy, love and excitement.'' Soon after she gave birth, Jennifer joined millions of other women in supplementing her son's diet with formula.

Jennifer wrote to me that ``in the last several months we have been fighting an uphill battle to find formula . . . what would have once cost . . . $13 for 12 [ounce] can of powdered formula now sells for $40 . . . if you can find it on the shelves.''

Jennifer describes her struggle to find that formula as a ``nightmare.'' She is not alone. Another mother named Jennifer, who lives in Lake Zurich, IL, said the formula shortage is ``becoming dire,'' in her words.

Sadly, these moms are right. The shortage is dire. That is why I am grateful that the President has sprung into action trying to help these parents and families. Two days ago, the administration completed its first shipment of more than 75,000 pounds of imported formula as part of Operation Fly Formula, enough for more than half a million bottles. The second shipment is expected in a few days.

As these shipments reach American shores, President Biden has also invoked the Defense Production Act, an authority he has under the law to ramp up domestic production. This could help to eliminate supply chain bottlenecks and compel manufacturers to prioritize the production of infant formula. It is hard to think of anything that would be a higher priority.

Both of these steps are crucial, but in the meantime, if you are a parent struggling to find formula, the Department of Health and Human Services has a website you should visit, HHS.gov/formula. That is HHS.gov/formula. It identifies companies and healthcare providers, food banks, and other resources that have supplies available. Let me say it again: HHS.gov/formula.

Additionally, last week, President Biden signed the Access to Baby Formula Act into law. It allows parents to purchase more infant formula through WIC, which provides nutritional support for low-income families, and I believe I read that half the babies in America count on WIC.

Finally, the Food and Drug Administration is working to maximize formula production as well--in particular, the production of specialized formulas, like hypoallergenic formula, for infants with specific health needs.

The FDA also has entered into an agreement with Abbott to get its Michigan factory back in business. That is the largest infant formula factory in the country. We need to get it reopened safely and quickly. As long as the company meets critical safety standards, we want them in production.

But let's be clear: This disastrous situation could have been averted if the FDA was not chronically understaffed and underfunded. At the time Abbott's factory was shut down, try to guess how many Federal employees had the responsibility for the oversight of this life-and- death industry. The answer: nine. Nine people within FDA were responsible for the oversight of infant formula, nine workers monitoring a $3.5 billion industry that directly impacts millions of American families.

These workers are spread way too thin, and here is why that is a problem: When a safety issue arises, it can take months for the FDA to launch an investigation. That is exactly what happened at Abbott's plant in Michigan. The FDA received a complaint about that factory's production last October, but they didn't physically inspect the plant until January of this year.

FDA does essential work with limited resources, but it cannot serve the needs of the American consumers and families on a thin budget. If we want to truly protect the safety and well-being of families and kids, we need to step up in Congress. The House of Representatives did it last week. House lawmakers passed Congresswoman Rosa DeLauro's legislation to provide $28 million in additional funding to help the FDA resolve the formula shortage and to prevent the next one.

This legislation is a no-brainer from my point of view, and that is why it is puzzling that 190 Republican Congress men and women voted against it. They voted against giving money to the FDA to get the infant formula back safely into the homes of American families and to prevent any healthcare and safety issue in the future, and 190 Republicans said: No, I don't want to spend that money. That is right, the party that often claims to be so pro-family voted against legislation to help parents feed their families, feed their babies, and provide parents with the peace of mind that their formula is safe.

Now, I am sure my Republican colleagues will keep coming to the floor this week to express outrage over the infant formula shortage, but as you listen to what they say, also watch how they vote. If they are serious about protecting kids and families, it is time to vote that way. Congresswoman DeLauro's legislation puts us on the right path. I hope the Senate joins the House in passing it soon.

While we are at it, let's also recognize the challenges that were facing working families long before the formula shortage and even before the pandemic.

Congress has waited far too long to provide the support working families need to thrive. So let's extend the enhanced child tax credit. Let's provide paid parental leave. Let's offer postpartum health coverage to all new moms. Let's help parents afford the cost of high- quality education. I think those measures are critical, and they are pro-family.

We have the power to make America the best place in the world to raise a family. We are not quite there. Instead of denying families the freedom to choose when and how to raise a child, I have a different proposal for my colleagues on both sides of the aisle: Let's invest in the health and potential of every family in America.

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