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Leader Rodgers Demands Floor Vote for Oversight on Biden’s Baby Formula Crisis

Sep 21, 2022
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Health
Oversight & Investigations
Press Release

Energy and Commerce Democrats Agree He has Failed Parents and Babies 

BREAKING NEWS: For parents, President Biden and the Food and Drug Administration (FDA) must answer for empty baby and infant formula shelves. 

Republicans and Democrats on the Energy and Commerce Committee JUST favorably reported Congressman Tim Walberg’s (R-MI) H. Res. 1287, which requests certain documents from the administration related to its delayed and disastrous response to this supply crisis.  

Now, House Energy and Commerce Republican Leader Cathy McMorris Rodgers (R-WA) is demanding Speaker Nancy Pelosi (D-CA) bring this resolution to the floor. 

“Parents—who are already struggling to afford groceries, gas, and electricity bills—still can’t find the baby formula they need,” said Rodgers. “President Joe Biden owes them answers. For months, my Republican colleagues on the Energy and Commerce Committee have been calling for complete transparency from his administration on why it repeatedly failed to act with urgency to address supply shortages and empty shelves. Today, Democrats on the Committee agreed. Now, we are demanding Speaker Pelosi bring this resolution to the floor and require the administration to hand over documents for robust and proper oversight of this crisis. We should do everything we can to make sure the administration is held accountable so these failures never happen again.” 

NOTE: H. Res. 1287 was reported favorably by the Energy and Commerce Committee by a bipartisan vote of (54-0). This comes after Republicans repeatedly called for the Biden administration to be completely transparent to moms and dads struggling to find baby formula. In July, Leader Rodgers, Health Subcommittee Republican Leader Brett Guthrie (R-KY), and Oversight Subcommittee Republican Leader Morgan Griffith (R-VA) requested the FDA produce memos and reports sent to the White House about this crisis. To date, the FDA has not shared a complete response to these requests with the Committee despite promises to do so.

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The Latest
Mar 31, 2026
Press Release
Chairman Guthrie Issues Subpoena to California Air Resources Board

WASHINGTON, D.C. – Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued a subpoena to California Air Resources Board (CARB) Chair Lauren Sanchez for documents and communications related to CARB’s implementation of vehicle emissions regulations that were nullified by Congress. This marks Chairman Guthrie’s first subpoena as Chairman of the Committee.

Despite three bipartisan Congressional Review Act (CRA) resolutions being signed into law last year preventing California from implementing vehicle standards that would ban the sale of gas-powered cars and trucks through its Advanced Clean Trucks (ACT), Advanced Clean Cars (ACC) II, and Omnibus Low NOx (Omnibus) regulations, Committee staff received reports that California has been denying auto manufacturers approval to bring vehicles to market unless manufacturers agree to comply with the nullified regulations.

After CARB failed to cooperate with multiple requests from the Committee, despite repeated accommodations, Chairman Guthrie issued the subpoena to compel the production of documents regarding CARB’s implementation of the ACT, ACC II, and Omnibus regulations, including communications between CARB and Governor Gavin Newsom’s office, as well as CARB and the California Attorney General’s Office.

Chairman Guthrie issued the following statement following the subpoena:

“The Committee began its investigation after reports that the California Air Resources Board (CARB) had been denying approvals to bring new vehicles to market unless auto manufacturers agreed to comply with California’s burdensome EV mandate, despite the fact it had been nullified by CRA resolutions signed into law last June. California’s refusal to cooperate with our investigation has left the Committee no choice but to issue a subpoena in order to receive the documents it requested from CARB,” said Chairman Guthrie. “Forcing Americans to buy unreliable, and costly, EVs would eliminate consumer choice, strain our electric grid, raise costs, and increase our reliance on entities tied to the Chinese Communist Party. We will continue to follow the facts and demand accountability from California. I urge California to comply with this subpoena speedily and in good faith.”

BACKGROUND:

  • Section 209(a) of the Clean Air Act (CAA) prohibits states from adopting or attempting to enforce emissions standards for new motor vehicles or new motor vehicle engines. Under Section 209(b), California may request a waiver of federal preemption from the EPA.

  • The EPA had approved waivers under prior administrations that allowed California to implement vehicle regulations, including bans on gas, diesel, and hybrid vehicles and mandates for 100% electric vehicle sales by 2035.

  • On June 12, 2025, President Donald J. Trump signed three resolutions of disapproval under the Congressional Review Act—H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89—which collectively disapproved California’s waivers of preemption that allowed the state to impose vehicle emissions standards that effectively banned the sale of new gas-powered vehicles. The CRA resolutions passed Congress with bipartisan support.

  • California and several other states have challenged the CRA resolutions in court; the case is currently pending, and no injunction has been issued.

  • EV adoption rates remain below the targets outlined in those waivers. For example, ACC II would have required New York to reach 35% EV sales in model year 2026, while current EV market share is substantially lower. California, which leads the nation in EV adoption, had a market share of almost 26% as of December 2024.

  • The production of EV batteries relies on critical minerals sourced largely from supply chains controlled by foreign entities. Mining and processing of these minerals, particularly in China, is highly emissions-intensive compared with U.S. production.

CLICK HERE to read the New York Post’s exclusive coverage of the ongoing investigation.

CLICK HERE to read the cover letter of the subpoena.
 

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