Star politics: The baby formula shortage is a problem. Can Congress solve it?

The baby formula shortage is a major problem.

Shelves are empty across the country, creating stress for families hoping to feed their children. In some cases, babies who rely on a special formula have ended up in the hospital.

There are a lot of factors at play: the pandemic disrupted supply chains, there are strict rules about importing baby formula from overseas and, significantly, recalls of formulas made by Abbott Nutrition. Abbott is one of the three major U.S. manufacturers of baby formula in the U.S. and the company closed a plant in Michigan earlier this year following reports that four babies contracted a rare bacterial infection after consuming the company’s products.

This week, in attempt to do something about the crisis, the Biden administration invoked the Defense Production Act, which will allow companies that produce baby formula to jump to the front of the line in getting the supplies they need to make formula. He also launched a program that will allow the Department of Agriculture and the Department of Health and Human Services to use military planes to bring over formula from overseas.

In the Capitol, members of the House of Representatives launched their own effort to help. On Wednesday, the House passed two bills to address the problem.

The first gives $28 million to the Food and Drug Administration to help them prevent fraudulent products from entering the market and allow them to hire more inspectors to prevent future shortages. It passed mostly on party lines. All of Kansas and Missouri’s Republican representatives voted against the bill except from St. Louis-area Rep. Ann Wagner.

A companion bill allows the Department of Agriculture to waive certain requirements for which formula people can buy if they’re in the Special Supplemental Nutrition Program for Women, Infants and Children. The program, commonly called WIC, accounts for about half of the formula purchased across the country and Abbott’s products are used by 89 percent of the children in the program.

That one had more bipartisan support; only nine representatives opposed the bill.

The Senate approved the WIC measure with a voice vote on Thursday, but the fate of the FDA funding is uncertain in the U.S. Senate, where it needs 60 votes to pass.

It’s unclear that either piece of legislation would have an immediate effect on the shortage.

When asked how quickly their bills would yield full shelves in supermarkets during a press conference on Tuesday, House Democratic leaders didn’t respond directly. Instead they focused on how long it would take to get the bills through Congress.

“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,” said Rep. Rosa DeLauro, a Democrat from Connecticut who sponsored the bill to provide more funding to the FDA.

While the bills may not make an immediate impact in the short term, there are a couple reasons leaders still push to pass them. For one, anything that helps, even if slightly, could be worth doing.

The other reason is political messaging.

By passing the legislation in the House, members can go back to their districts and point to something they tried to accomplish to help struggling parents. It’s the same reason the House voted on a bill aimed at preventing price gouging from gas and oil companies even though it’s unlikely to get through the Senate.

Sometimes, however, the rush to do something about a crisis can create the impression that the crisis is Congress’ fault.

“I think what we need to be careful about doing is giving the public the belief that the government can solve all problems,” Cleaver said. “And, in fact, we can’t. A lot of the problems occur for factors that we can’t impact with government.”

It’s difficult for elected officials to throw up their arms and say there isn’t much they can do when their constituents are asking for help. And when the opposition party is placing the blame squarely on their shoulders.

Take, for example, Rep. Billy Long, a Missouri Republican running for Senate. He said lawmakers were on a conference call Tuesday morning, where they were told the FDA had been aware of a potential shortage since March 2020. And he pinned the blame directly on the Biden administration for not doing more to stop it (Donald Trump was president for the early parts of this time frame).

“There’s no excuse for it whatsoever,” Long said. “But it’s like a lot of things in the Joe Biden administration, I mean, they’re just out over their skis on everything. There’s no reason the world we should have a baby shortage formula in this country.”

On Thursday, Cleaver announced he signed a letter with 38 lawmakers calling on the Biden administration to do something restore competition in the baby formula market.

More from Missouri

Jackson County Prosecutor Jean Peters Baker has made it clear she will not bring abortion-related prosecution should Roe v. Wade be overturned this summer, triggering Missouri’s abortion ban. It’s a sign of how Missouri’s ban may end up toothless in parts of the state, given how prosecutors have sweeping powers over whether to press charges on crimes.

Here are headlines from across the state:

And across Kansas

This week the Kansas Supreme Court upheld congressional maps splitting Wyandotte County for the first time in 40 years. Many — including Kansas Sen. Roger Marshall — expected the court to overturn the maps. Instead, now Democratic Rep. Sharice Davids faces a tougher reelection bid and Lawrence is being added to the Big First, which already stretches through most of the state.

The latest from Kansas City

In Kansas City …

Have a news tip? Send it along to ddesrochers@kcstar.com

Odds and ends

Sharice Davids and gas prices

High gas prices are plaguing Democrats, who are staring down a tough midterm election where they may lose control of the House and Senate.

Kansas Rep. Sharice Davids has pushed for two bills targeting the federal gas tax — one that would provide a tax break for small businesses and another that would suspend the federal gas tax until next fall. Neither seem to be picking up momentum in Congress.

She also backed a bill that attempts to stop gas and oil companies from price gouging. The bill passed the House of Representatives on Wednesday but its chances are slim in the Senate, where it needs 60 votes to pass.

Critics of the price gouging bill say oil companies don’t set gas prices and it would punish companies for what is, in essence, a supply and demand problem.

Republicans like Missouri Sen. Josh Hawley have criticized the Biden administration for its energy policy, saying if they increased domestic production it would make the country less reliant on the global market. He criticized Jennifer Granholm, the Secretary of Energy, in a committee hearing on Thursday.

Experts say there is not a ton anyone can do to lower prices in the short term, as they’re set by the global market. They point out that drilling more could potentially bring prices down. But it wouldn’t have an immediate impact on the current price at the pump.

Moran’s toxic burn pit bill

Kansas Sen. Jerry Moran and Montana Sen. Jon Tester unveiled a bill this week that would expand health benefits for veterans who served overseas after 9/11 and were exposed to toxic burn pits. Right now, there are about 3.5 million toxic-exposed veterans who can’t get access to some services from the Department of Veterans Affairs.

The bill would increase the number of toxic-exposure related conditions to the VA’s list of service presumptions, which means that if someone comes into the VA with a condition that may be related to their exposure to toxic burn pits, they’d be eligible for treatment. The presumptions would be phased in, which proponents of the bill keeps the VA from being overwhelmed by 3.5 million people applying for care at the same time.

The White House put out a statement in support of the bill, which is called the PACT Act, calling it an important step in delivering health care benefits to veterans who were exposed. Senate leaders have said they hope to have a vote on the bill before Memorial Day.

Hawley and NATO

Finland and Sweden both submitted applications to join NATO this week in an attempt to join the military alliance after Russia’s decision to invade Ukraine earlier this year.

Missouri Sen. Josh Hawley has been vocal in his trepidation about NATO — earlier this year he suggested the Biden administration should withdraw its support for Ukraine joining the alliance, prompting the White House to say he was “parroting” Russian talking points.

Hawley says he thinks the United States should be spending less time focusing its military attention on Europe and spend more of its resources focusing on China. When asked whether he supported Finland and Sweden joining NATO, he said he still hadn’t made up his mind.

“I think we need to be doing less in Europe and looking toward the Asia Pacific,” Hawley said. “And I told the Finnish ambassador that this is how I’m evaluating this. He emphasized to me that Finland spends more than 2% on GDP and I asked him if they’d be willing to support raising the Wales contribution pledges which are at 2%, I think got close to three. He said, maybe, so we’ll see.”

Hawley was referencing a pledge NATO members made at a summit in Wales in 2014 that they would spend 2% of their gross domestic product on defense. He has pushed for NATO countries to increase their spending.

Kansas Sen. Roger Marshall, who, like Hawley, voted against the $40 billion Ukraine aid package this week, said he welcomes the Finns and Swedes.

“I think that they’ll be a great asset for NATO,” Marshall said. “And they both punch above their weight, so we’ll be welcoming them.”

New poll

A poll conducted by SurveyUSA on behalf of the Gray Television Stations in Missouri found former Gov. Eric Greitens up nearly 10 percentage points on his Republican primary opponents — he had 26% compared to Attorney General Eric Schmitt’s 17% and Rep. Vicky Hartzler’s 11%. Rep. Billy Long had 7% and every other Republican in the field had less than 2%.

It’s a troubling sign for Republicans hoping to block Greitens from getting the nomination given all of his baggage as a candidate, including this year’s allegations that he mentally and physically abused his wife and children.

But, it’s still a few months out from election day and voters may just be tuning into the race, a fact illustrated by polling in the Democratic primary: Lucas Kunce had 10% of the vote and Trudy Busch Valentine had 8%. Another 63% were undecided.

Happy Friday

The other day I read John Hersey’s account of how John F. Kennedy saved his men and himself while stranded in the South Pacific. We’re getting a heat wave this weekend in D.C. Maybe I’ll have a John Daly to cool off. And here’s a song by Van Morrison.

Enjoy your weekend.

Daniel Desrochers is the Star’s Washington, D.C. Correspondent
Daniel Desrochers is the Star’s Washington, D.C. Correspondent

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