HR 8545
Access to Donor Milk Act of 2026
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Bill overview
The Access to Donor Milk Act of 2026 aims to increase access to pasteurized donor human milk and related products. It supports donor human milk banks through funding and clarifies definitions related to donor milk and its processing. The bill also establishes a grant program for emergency capacity at milk banks and a public awareness campaign to educate healthcare providers and families about the benefits and safety of donor milk.
Key provisions
- Provides funding for donor human milk banks through the Child Nutrition Act of 1966.
- Creates a competitive grant program for expanding emergency capacity at donor human milk banks in response to disasters or public health emergencies.
- Establishes a public awareness campaign to promote donor human milk and its safety.
- Defines key terms related to donor human milk, including donor human milk, donor human milk-derived product, and donor human milk bank.
- Authorizes appropriations of $3 million for fiscal year 2026 for emergency capacity funding.
- Requires the Secretary of Health and Human Services to convene a public meeting to establish minimum safety standards for donor human milk.
- Directs the Secretary to issue draft guidance on minimum safety standards for donor human milk processing and handling.
- Supports the collection and storage of unprocessed human milk by State agencies.
Who is affected
- Healthcare providers (pediatric specialists, pediatricians, obstetricians, lactation consultants)
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
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119th CONGRESS — 2d Session
H. R. 8545
IN THE HOUSE OF REPRESENTATIVES
A BILL
To protect and expand access to pasteurized, donor human milk, and for other purposes.
This Act may be cited as the Access to Donor Milk Act of 2026
.
In this Act:
The term donor human milk means human milk that is collected, pasteurized, and dispensed without additives.
to which one or more human milk or non-human milk components has been added to produce such a product.
described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and
exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)).
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended—
in subsection (b)(4), by inserting Access to Donor Milk Act of 2026(including support for donor human milk (as defined in section 2 of the
after promotion
; and
in subsection (h)(1)(C)—
in clause (i), by striking clause (ii)
and inserting clauses (ii) and (iii)
; and
by adding at the end the following:
A State agency may use amounts made available under clause (i) for—
collecting and storing donations of unprocessed human milk; and
Access to Donor Milk Act of 2026
).Secretary) shall award competitive grants, subject to subsection (c), to eligible entities for expanding emergency capacity with respect to banking donor human milk.
The Secretary may award grants under subsection (a) only in the event of any of the following:
The Secretary determines that expanded capacity is necessary to respond to any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or to any public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).
The Secretary determines emergency capacity is needed to ensure adequate supply is available to meet the demand for donor human milk from an eligible entity.
publicizing the need for donor human milk, especially for high-risk infants;
raising awareness and providing resources to families, especially families of high-risk infants, about donor human milk;
covering donor human milk collection, storage, pasteurization, transfer, and processing fees;
increasing staffing and supplies needed at donor human milk banks;
purchasing consumable products needed for donor human milk processing; and
acquiring equipment for safety and quality processing of donor human milk.
For purposes of this section, the term eligible entity means an entity that—
a rapid increase in demand for donor human milk; or
a shortage of supplies needed to operate a donor human milk bank.
For the purposes of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2026, and such sums as may be necessary for each fiscal year thereafter.
The public awareness campaign under subsection (a) shall include the distribution of educational materials to—
clinicians, such as pediatric specialists, pediatricians, obstetricians, pediatric nutritionists, midwives, and lactation consultants, including international board-certified lactation consultants;
expectant and new parents, with a focus on expectant and new parents that are participating in the special supplemental nutrition program for women, infants, and children program under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and
community-based organizations.
Secretary) shall, for purposes of assisting the Secretary in establishing minimum safety standards for donor human milk and donor human milk-derived products under subsection (c), convene a public meeting.
the unique factors related to donor human milk and donor human milk-derived products;
ethical considerations;
the protection of the United States donor milk supply; and