Access to Donor Milk Act of 2026

Bill Number

H.R. 8545

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Agriculture and Food

Status

Introduced

Latest Action

2026-04-28: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-05-13T21:00:36Z

AI-Generated Summary

Access to Donor Milk Act of 2026 (H.R. 8545)

Purpose

The legislation aims to protect and expand access to pasteurized donor human milk (human milk collected, pasteurized, and dispensed without additives) for infants, particularly high-risk ones, by supporting milk banks, funding emergency capacity, raising awareness, and establishing safety standards.

Key Provisions

• Definitions (Sec. 2): Defines key terms like donor human milk, donor human milk-derived products (specialty products made mostly from donor milk with components added or removed), donor human milk banks (organizations meeting FDA safety standards for collecting, testing, processing, and distributing milk), and nonprofit donor human milk banks (tax-exempt nonprofits).
• Support for Donor Milk in WIC Program (Sec. 3): Amends the Child Nutrition Act of 1966 to explicitly include donor human milk activities in WIC promotion efforts and allow states to use WIC funds for collecting, storing, and transferring unprocessed human milk to nonprofit milk banks.
• Emergency Capacity Grants (Sec. 4): Authorizes HHS Secretary to award competitive grants to nonprofit milk banks during disasters, public health emergencies, or supply shortages. Funds can cover publicity, awareness, processing fees, staffing, supplies, and equipment. Authorizes $3 million for FY 2026 and necessary sums thereafter.
• Public Awareness Campaign (Sec. 5): Requires HHS (via HRSA Administrator) to develop a campaign on benefits and safety of donor milk from milk banks, including educational materials for clinicians (e.g., pediatricians, midwives), expectant/new parents (focusing on WIC participants), and community organizations.
• Safety Standards and Guidance (Sec. 6): Mandates a public meeting within 180 days of enactment and draft FDA guidance within 18 months establishing minimum safety standards for collection, storage, handling, pasteurization, and testing of donor milk and derived products, considering unique factors, ethics, supply protection, and nonprofit resources.

Significant Changes to Existing Law

• Child Nutrition Act Amendments: Adds explicit support for donor human milk promotion and funding use in the WIC program, expanding beyond general breastfeeding promotion.
• New Programs: Introduces emergency grants, a national awareness campaign, and FDA safety guidance specifically for donor milk—previously unregulated in detail beyond general food safety.
• No changes to taxation or core FDA authority, but formalizes standards for milk banks.

Potential Impacts

• Government Agencies: Increases workload and funding for HHS (FDA, HRSA), USDA (WIC administration); provides new grant authority during emergencies.
• Citizens: Enhances access to safe donor milk for vulnerable infants (e.g., preemies), especially low-income WIC families; raises public knowledge, potentially reducing reliance on formula.
• Milk Banks: Boosts operational capacity, funding, and legitimacy through standards.
• No direct international relations impact.

Main Stakeholders Affected

• Nonprofit donor human milk banks: Primary beneficiaries of grants, standards, and WIC support.
• Infants and families: Especially high-risk newborns, preterm babies, and WIC participants.
• Healthcare providers: Clinicians receiving education on donor milk benefits.
• Federal agencies: HHS (FDA for standards, HRSA for campaigns), USDA (WIC).
• Community organizations: Involved in awareness distribution.

Notable Legal, Constitutional, or Political Implications

• Legal: Establishes enforceable FDA safety standards via guidance, potentially preempting inconsistent state rules; creates new grant eligibility tied to emergencies/disasters.
• Constitutional: None apparent; aligns with federal spending power for public health/nutrition.
• Political: Bipartisan sponsorship (Democrat and Republicans); focuses on child health without controversy, but may spark debates on federal role in milk banking vs. private/formula markets.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Houlahan, Chrissy [D-PA-6]

Cosponsors (2)

Rep. Bice, Stephanie I. [R-OK-5], Rep. Salazar, Maria Elvira [R-FL-27]

Recent Actions

• 2026-04-28: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-04-28: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-04-28: Introduced in House
• 2026-04-28: Introduced in House

Bill Versions

• Access to Donor Milk Act of 2026 — issued 2026-04-28 — PDF (8 pages)