[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9196 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9196

  To protect and expand access to donor milk, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2022

  Ms. Houlahan (for herself, Ms. Salazar, and Mrs. Bice of Oklahoma) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Education and 
 Labor, 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

_______________________________________________________________________

                                 A BILL


 
  To protect and expand access to donor milk, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Donor Milk Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``donor milk'' means human milk that is 
        processed without additives by a nonprofit milk bank.
            (2) The term ``nonprofit milk bank'' means a milk bank 
        that--
                    (A) is accredited by an accrediting body that is 
                recognized by, or meets standards established by, the 
                Food and Drug Administration for purposes of 
                accrediting milk banks;
                    (B) collects, tests, processes, pasteurizes, and 
                distributes donor milk; and
                    (C) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and 
                exempt from tax under section 501(a) of such Code (26 
                U.S.C. 501(a)).

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Human milk is the optimal first food for infants.
            (2) Medically vulnerable infants, including those born 
        prematurely and those with congenital or acquired conditions, 
        derive significant health benefits from human milk.
            (3) Mothers of medically vulnerable infants often face 
        unique obstacles to producing enough milk. When a parent's milk 
        is not available, the provision of donor milk improves health 
        outcomes.
            (4) Nonprofit milk banks provide an essential medical 
        service.
            (5) The nonprofit milk banking model of donor non-
        remuneration and standardized processing of single ingredient 
        pools ensures a safe and high-quality product for the Nation's 
        most vulnerable infants.

SEC. 4. SUPPORT FOR DONOR MILK ACTIVITIES.

    Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is 
amended--
            (1) in subsection (b)(4), by inserting ``(including support 
        for donor milk activities)'' after ``promotion''; and
            (2) in subsection (h)(1)(C), by adding at the end the 
        following:
                            ``(iii) Donor milk.--A State agency may use 
                        amounts made available under clause (i) for the 
                        collection and storage of unprocessed donations 
                        of human milk, the transfer of such milk to a 
                        nonprofit milk bank, and to make donor milk 
                        available to program participants.''.

SEC. 5. EMERGENCY CAPACITY FUNDING FOR MILK BANKS.

    (a) In General.--The Secretary shall award competitive grants to 
eligible entities for expanding emergency capacity with respect to 
banking donor milk.
    (b) Application.--An eligible entity seeking a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require.
    (c) Use of Funds.--Expanding emergency capacity pursuant to a grant 
under this section may include--
            (1) publicizing the need for donor milk;
            (2) providing resources to patients, making patients aware 
        of donor milk, and providing information to clinicians about 
        donor milk;
            (3) covering donor milk processing fees;
            (4) increasing staffing and supplies needed at nonprofit 
        milk banks; and
            (5) purchasing consumable products needed for donor milk 
        processing.
    (d) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        entity that--
                    (A) is recognized by the Food and Drug 
                Administration as an accrediting body for nonprofit 
                milk banks; and
                    (B) in the application submitted under subsection 
                (b), demonstrates, with respect to such entity--
                            (i) a rapid increase in demand for donor 
                        milk; or
                            (ii) a shortage of supplies needed to 
                        operate a nonprofit milk bank.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Humans Services, acting through the Commissioner 
        of Food and Drugs.
    (e) Authorization of Appropriations.--For the purposes of carrying 
out this section, there are authorized to be appropriated $3,000,000 
for fiscal year 2023, and such sums as may be necessary for each fiscal 
year thereafter.

SEC. 6. DONOR MILK AWARENESS PROGRAM.

    The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended 
by adding at the end the following:

``SEC. 24. DONOR MILK AWARENESS PROGRAM.

    ``(a) In General.--The Secretary, in coordination with the 
Secretary of Health and Human Services, shall establish a donor milk 
awareness program to--
            ``(1) educate the public on donor milk and nonprofit milk 
        banks; and
            ``(2) publicize the need for donor milk at nonprofit milk 
        banks.
    ``(b) Conduct of Program.--In carrying out the program described in 
subsection (a), the Secretary may--
            ``(1) develop or assist others to develop appropriate 
        educational materials, including public service announcements, 
        promotional publications, and press kits for the program 
        described in subsection (a);
            ``(2) publish information about the program described in 
        subsection (a) on the Department's website; and
            ``(3) distribute or assist other to distribute such 
        materials appropriate for public and private individuals and 
        entities.
    ``(c) Cooperative Agreements.--The Secretary is authorized to enter 
into cooperative agreements with Federal agencies, State and local 
governments, and other entities to carry out the program described in 
subsection (a).
    ``(d) Definition of Donor Milk.--In this section, the term `donor 
milk' has the meaning given the term in section 2 of the Access to 
Donor Milk Act of 2022.
    ``(e) Authorization of Appropriations.--For purposes of carrying 
out this section, there are authorized to be appropriated $1,000,000 
for fiscal year 2023, and such sums as may be necessary for each fiscal 
year thereafter.''.

SEC. 7. CDC PUBLIC AWARENESS CAMPAIGN WITH RESPECT TO DONOR MILK FROM 
              NONPROFIT MILK BANKS.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control and Prevention, 
shall expand and intensify the activities of the Centers to include a 
public awareness campaign with respect to donor milk from nonprofit 
milk banks.
    (b) Distribution of Educational Materials.--The public awareness 
campaign under subsection (a) shall include the distribution of 
educational materials to--
            (1) clinicians, such as pediatric specialists, 
        pediatricians, obstetricians, pediatric nutritionists, 
        midwives, and lactation specialists; and
            (2) expecting and new parents.

SEC. 8. CLARIFYING THE REGULATORY STATUS OF DONOR MILK.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, shall issue a rule 
to clarify the regulatory status (and any associated categorization) of 
donor milk provided by a nonprofit milk bank.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, shall submit to 
Congress a report specifying the regulatory categorization of donor 
milk provided by a nonprofit milk bank under the rule issued under 
subsection (a).
                                 <all>